These terms and conditions (Terms) form the agreement between Tune Cycles Pty Ltd (ABN 20 614 002 023) of 100 Harris St, Pyrmont, NSW, 2009 (Us, Our and We) and the customer (You, Your) regarding Your use of Tune Cycles.
Licence
Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, revocable, non-transferrable licence to:
access and use Tune Cycles solely in connection with Your use of the Service; and
access and use any content, information and related materials that may be made available through the Service, in each case solely for Your personal and non-commercial use. Any rights not expressly granted herein are reserved by Us.
Nature of the Service
You acknowledge and agree that:
We reserve the right at all times to refuse to provide the Service to You, terminate Your access to Tune Cycles or remove or cancel Your order at Our sole discretion, in which case a refund will be offered to You;
You accept full responsibility for providing accurate details (including verification of parts in respect of any bicycle or specific cycling requirements specific to You) when placing an order through Tune Cycles.
Orders for Products cannot be cancelled once processed by Tune Cycles.
You may incur additional charges if You have requested delivery of the Products in Your order. You will be notified at the checkout screen of any applicable additional charges associated with Your order.
Tune Cycles reserves the right to include as additional charges on Your Order any third party payment processing costs incurred through Your choice of payment method.
Promotions
We may from time to time offer promotions or vouchers to registered customers free of charge or for value through Tune Cycles.
Any promotions or vouchers offered through or purchased from Tune Cycles cannot be transferred, redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.
You are solely responsible for the security and use of any promotions or vouchers and We are not responsible and will not provide a refund for any loss or damage to those promotions or vouchers and have no obligation to replace them for any reason.
We have no obligation to redeem any promotion or voucher which appear in Our sole discretion to have been tampered with or forged.
Vouchers purchased after 31st March, 2018 are issued with 36 months validity.
Temporary unavailability of Velo2Velo
We take no responsibility for, and will not be liable for, Tune Cycles being temporarily unavailable for reasons of conducting maintenance, improvements to Our systems or due to technical issues beyond Our control.
Information that we collect
Upon registration of Your account with Tune Cycles, personal information (as defined in section 7, below) is collected from You including but not limited to the following:
Your name, email address, delivery address, telephone number, birth date, credit card information and any supporting correspondence for the purposes of following up issues and for assessing the quality of the services We provide; and
Your IP address to assist with the diagnosis and analysis of problems or support issues with our services, such information gathered in aggregate only and cannot be traced to an individual user.
We use cookies and applets which contain information by which We are able to identify Your computer (or other device used to access Tune Cycles) to Our servers. This information is collated on a non-personal, anonymous and aggregated basis for the purposes of assisting Us in analysing and monitoring the usage of Tune Cycles.
In addition, We may also collect information regarding identification of Mac devices for the purposes of assisting Us in analysing and monitoring the usage of Tune Cycles.
By providing Your personal information to Us, You consent to the collection, use, storage and disclosure of that information as described in these Terms, including device location data.
Privacy and use of Your personal information
We recognise the importance of protecting the privacy of personal information collected about Our customers and We take all reasonable measures to keep Your personal information secure. In these terms and conditions, "personal information" means information that identifies an individual or from which an individual reasonably can be identified
You agree to allow Us to use Your personal information for the purposes of:
sending or facilitation communications (including the communication of promotions or deals) between You and the relevant Merchant; performing diagnostics testing and analysis of problems or support issues with Our services or for the purposes of research; providing aggregated data to Merchants and our affiliated business partners (Business Partners) on an anonymous basis regarding order habits, spending, location, favourite orders, gender, birth date together with relevant analytics data and research; and sending communications from Us and from Merchants and our business partners that You may be interested in.
You agree to allow Us to share Your personal information with the following parties:
Merchants and Business Partners of Tune Cycles, for the purposes of facilitating the placement of orders, payment and deliveries (where selected) of Products and for notifying You of offers and promotions from Merchants and Business Partners; third parties where necessary for the purposes of API or SMPP integration of Tune Cycles systems; requests for information received from government and regulatory bodies; in an aggregated, anonymous manner with a third party; or with any other third party in any other manner with Your consent.
Some of the third parties to whom we disclose Your personal information may be located outside of Australia.
If You no longer want your information to be used or provided in the manner outlined above please email us at privacy@TUNEcycles.cc
Intellectual Property
All of the content of Tune Cycles, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like (Content) and the trade marks, service marks and logos contained therein (Marks) are owned by or licensed to their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.
The use of the Content and Marks is subject to copyright and other intellectual property rights under Australian laws and international conventions.
You agree not to:
engage in the use, copying, reproduction, modification or distribution of any of the Content or Marks including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without Our prior written consent;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of Tune Cycles or unduly burdening or hindering the operation and/or functionality of any aspect of Tune Cycles; or
attempt to gain unauthorised access to or impair any aspect of Tune Cycles or its related systems or networks.
Links to third parties
We may provide links to third party websites outside our Site that are not under Our control and we cannot accept responsibility for or liability in respect of the content of those websites. Prior to disclosing Your personal information on any other website, we advise You to examine the terms and conditions of using that website and any associated privacy statement.
Termination
You may terminate this agreement by:
Stopping using the Service; and/or by notifying Us at the following email address termination@TUNEcycles.cc
We may immediately terminate this agreement by; Terminating your use of the Service and/or
Notifying you by email.
If We terminate You without cause, we will refund to You, Your Tune Cycles Balance to an Australian bank account notified to Us by You.
Termination of this agreement does not affect either party’s accrued rights or liabilities.
We may make a change to the terms and conditions of this agreement at any time without notice and You agree to be bound by such changes.
The Terms of this agreement are governed by the laws of New South Wales.
Any queries in relation to these Terms should be addressed to support@TUNEcycles.cc.
Contact us
You can contact Tune Cycles as follows:
Phone: 0466 997 888
Email: fixme@TUNEcycles.cc
Post: 606 Parramatta Road, Petersham, NSW 2130