TERMS AND CONDITIONS
By 69cycles team
Welcome to 69cycles.com.au!
These are the terms and conditions (Terms and Conditions) governing the use of 69cycles.com.au (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.
These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise.
The Terms and Conditions published at the time of your use of the Site shall apply to you.
69cycles reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.
To use this Site you must first read and agree to the Terms and Conditions as set out below.
If you do not agree to the Terms and Conditions as set out below, please leave the Site now.

1 Introduction
1.1 RELC Pty Ltd (ABN 45610251020) (trading as 69cycles also referred to as ‘we’ or ‘our’ or ‘us’ or ‘69cycles’) is an Australian private company limited in liability by the value of its shares. We operate an online advertising medium/marketplace platform via the Site, allowing users to advertise and/or purchase all things related to cycling, for example bicycles, bicycle parts & accessories, bicycle clothes, apparel and footwear.
1.2 Definitions:
When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to 69cycles
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;
‘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;
‘Private Seller’ (also referred to as ‘you’ or ‘your’ where the context permits) means:
• an individual who:
o has Products advertised on the Site or
o proposes to advertise Products on the Site; and
• does not carry on a business selling the same or similar products that are sold on the Site;
‘Product’ means a good or service advertised by or sold by a Seller on the Site;
‘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 or a Retail Seller;
‘Site’ means the internet site at the domain bikeexchange.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;
‘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 and Conditions (including service levels) and the 69cycles Privacy Policy. You agree that these Terms and Conditions (service levels) and the 69 cycles 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 the transactions between Buyers and Sellers. 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.

3 All Buyers
Shipping and Delivery Policy
3.1 Standard delivery times for Products purchased through the Site are between three (3) and ten (10) Business Days. This applies only to products bought from the 69cycles stock (excludes) any private listing of items which will be determined directly between (you and the private seller).
Risk & liability
3.2 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.
3.3All 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
3.4 When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact us.

4 All Sellers
4.1 By placing an advertisement on the Site, all Sellers accept and must conduct themselves in accordance with these Terms and Conditions It is a Seller’s responsibility to ensure they comply with applicable Terms and Conditions.
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 and Conditions.
4.4 All applicable fees are clearly stated on the Site and 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 Conditions and the applicable fees. You should read and understand these Terms and Conditions 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 an authorised representative of 69cycles.
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 are giving 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 reserves 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 items 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 item(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.
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 liable for any adverse consequences or loss arising from any such error.
Intellectual property rights
4.19 The Site is the property of 69cycles and is protected by Australian and international copyright laws and 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 69cycles a Licence to use any and all of the information provided by such Sellers to 69cycles with such Licence to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but 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,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 the views of 69cycles. 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.

5 Private Sellers
5.1 Private advertisements must only be advertised by Private Sellers. We may require evidence or a declaration to verify this status. If we determine that a Product is listed for commercial gain, the private advertisement will be immediately removed without notice or refund.
5.2 A private advertisement will expire 60 (sixty) days after its first day of publication, at which time a Private Seller has the option of renewing the advertisement at 50% of the original advertisement fee. The first and any further renewal periods are for 60 (sixty) days each.
5.3 We will endeavour to display your advertisements as submitted by you. However we make no guarantees regarding placement or content of other advertisements displayed on the same page as your advertisement.

6 General
Promotion of good business practice
6.1 We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the Site must comply with all and any Australian laws or regulations that apply to any transaction on the Site in which you are involved.
Currency
6.2 All transactions are processed in Australian dollars (AUD).
69cycles not a party to transactions between Users on the Site
6.3 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
6.4 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 and Conditions
6.5 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions 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 send in writing via mail Unit 1/9 Lahey Close Sherwood QLD 4075 or email to sales@69cycles.com.au. These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of 69cycles and expressly identified as an amendment of these Terms and Conditions.

Relationship of parties
6.6 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 and Conditions 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 69cycles.
Governing law and jurisdiction
6.7 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
Overseas Users
6.8 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
6.9 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 and Conditions.
6.10 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.
6.11 To the extent permitted by Australian law, 69cycles or its suppliers are not liable for any Loss suffered by a Buyer or Seller in respect of Products advertised on the Site.
No waiver
6.12 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions 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
6.13 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.
6.14 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 or liability in respect of such content.
6.15 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.
6.16 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not 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.
6.17 We endeavour to provide continual availability of our services and access to the Site. However, 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.
7618 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 69cycles, its 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.
Last updated January 2023 by 69cycles