BICYCLE LOG BOOK TERMS OF SERVICE
As at 1 February 2016
Welcome to Bicycle Log Book. This service agreement (“Agreement”) is a legal binding agreement between Bicycle Log Book Pty Ltd (“Bicycle Log Book” or “BLB”) and the individual or legal entity (“Customer”) using or accessing the BLB product whether in connection with a paid subscription or a free trial.
Please read this agreement carefully before agreeing to these terms. By agreeing to these terms or by using the BLB product the customer is agreeing to be bound by the terms of this agreement.
The Terms of Service (“TOS” or “Terms” or “Agreement”) sets forth the terms and conditions under which you are provided access to online services, software, content, website and applications (collectively, the “Service”) made available by Bicycle Log Book Pty Ltd. By accessing, using or downloading any materials from the Service, you accept and agree to these TOS, which may be updated from time to time without notice to you.
You may review the current version of BLB’s TOS at any time at www.bicyclelogbook.com/terms. BLB and third party providers may improve, add or change the products, services, mobile applications, and features offered as part of the Service at any time without notice. If you do not agree to these TOS, please do not use the BLB Service. By activating your account and continuing to use the BLB Service, you are indicating your agreement to the TOS and all revisions thereof.
1. USE OF SOFTWARE
BLB grants you the right to access and use the Service to which you have subscribed. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
2. YOUR OBLIGATIONS
a. Payment obligations: After the BLB Free trial, payments are required for the Service in advance of services being offered for the next 30 day period. Invoices for the subscribed Services subscribed to will be made available to you. BLB will continue to charge you every 30 days until such time as this agreement is terminated in accordance with the Termination clause.
b. General obligations: You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms or any notice sent by BLB.
c. Access Conditions. You must ensure that all usernames and passwords required to access the service are kept secure and confidential. You must immediately notify BLB of any unauthorised use of your passwords or any other breach of security and BLB will reset your password.
You must take all other actions that Tower reasonably deems necessary to maintain or enhance the security of BLB’s Services and your access to those Services. As a condition of these Terms, when accessing and using the Services you must NOT:
i) use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
iii) attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access;
iv) input or transmit into the Website, any offensive content, nor files that may damage any other person’s computing devices or software, or material or Data in violation of any law (including that protected by copyright or trade marks to which You do not have the right to use); and
v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any of BLB’s programs used to deliver the Services or to operate the Website except as is strictly necessary.
d. Usage Limitations. Use of the Service may be subject to limitations of which will be advised.
e. Indemnity. You indemnify BLB against all claims, costs, damage and loss arising from your breach of any of these TOS or any obligation You may have to BLB, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You.
3. CONFIDENTIALITY & PRIVACY
a. Confidentiality: Unless the relevant party has the prior written consent of the other or unless required to do so by law:
i) Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
ii) Each party’s obligations under this clause will survive termination of these Terms.
iii) The provisions of clauses 3i and 3ii above do not apply to any information which
becomes public knowledge other than by a breach of this clause or is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
You will be taken to have accepted that policy on acceptance of these TOS.
4. INTELLECTUAL PROPERTY
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of BLB.
5. WARRANTIES AND ACKNOWLEDGEMENTS
a. Authority: You warrant that where you have registered to use the Service on behalf of an entity you agree to these Terms on behalf of that entity.
b. Acknowledgement: You acknowledge that:
i. You are authorised to use the Services and the Website to perform the actions described by the Service as detailed on BLB’s website.
ii. The provision of, access to, and use of, the Services is on an “as is ” basis and at your own risk.
iii. While BLB has been built and tested to be as fault free as possible, including being Cloud hosted for security of each User’s information and data, BLB does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including required third party websites, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. BLB is not in any way responsible for any such interference or prevention of your access or use of the Services.
iv. It is your responsibility to determine if the Services meet the needs and are suitable for of your business.
c. No warranties: BLB gives no warranty about the Services and does not warrant that the Services will meet your requirements. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
6. LIMITATION OF LIABILITY
a. To the maximum extent permitted by law, BLB excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
b. If You suffer loss or damage as a result of BLB’s negligence or failure to comply with these Terms, any claim by You against BLB will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by You in the previous 12 months.
c. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Termination clause.
7. SERVICE COSTS AND PAYMENTS
a. Except where specifically expressed, all prices quoted or that have appeared in our website are inclusive of tax. All prices are subject to change and you will be notified to the current email address in your User’s account profile, of the cost increases at least 14 days before the next billing is in incurred.
b You represent and warrant that if you are purchasing something from us that
i) All credit information you supply is complete and true.
ii) Charges incurred by you will be honored by your credit card company.
iii) All payments are in advance of the Services offered. Failure to pay will result in your access to BLB Services being suspended until payment has been received.
8. THIRD PARTY SERVICES
From time to time we need to access third-party sites and or services that are needed to perform the some aspect of the service offered, including payments. You understand that we do not operate or control the products or services offered by these third party sites. You agree that use of such sites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise, including warranties of title, fitness for purpose, non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and these third party sites or for any information appearing on merchant sites or any other site linked to our site.
a. Prepaid Subscriptions. BLB will not provide any refund for any remaining prepaid period for a prepaid Subscription to the Services.
b. No-fault termination: These Terms will continue for the period covered by the Subscription Fee paid or payable under clause 2.a. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided you continue to pay the prescribed Subscription Fee when due, unless either party terminates these Terms by giving notice to the other party at least 14 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Subscription Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
c. Breach: If You:
i) breach any of these Terms (including, without limitation, by non-payment of any Subscription Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
ii) breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) payment of Access Fees that are more than 30 days overdue); or
iii) You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
d. BLB may, at its sole discretion, take any or all of the following actions:
i) Terminate this Agreement and Your use of the Services
ii) Suspend for any definite or indefinite period of time, Your use of the Services
e. Accrued Rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
i) remain liable for any accrued charges and amounts which become due for payment before or after termination; and
ii) immediately cease to use the Services and the Website.
b. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
c. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
d. No Assignment: You may not assign or transfer any rights to any other person without BLB’s prior written consent.
g. Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to BLB must be sent to email@example.com or to any other email address notified by email to You by BLB. Notices to You will be sent to the current email address in the User’s account.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. DIRECT DEBIT CLIENT SERVICE AGREEMENT
a. Drawing arrangements:
i. Your Credit Card will be debited on every 30 days based on Your Activation date, after the completion of your free trial.
ii. From time to time we may alter the amount charged for the Subscribed Service. We reserve the right to alter the amount charged. In the event that such a change occurs we will notify you in writing at least 14 days prior, if we wish to vary the direct debit arrangement.
iii. We will keep all information pertaining to your credit card private and confidential. We will only disclose information that we have about you:
(1) to the extent specifically required by law; or
(2) for the purposes of this agreement (including disclosing information in connection with any query or claim).
b. Your rights:
i. Where you consider that a drawing has been initiated incorrectly you may take the matter up directly with BLB.
c. Your responsibilities:
i. It is your responsibility to ensure that sufficient funds are available in the nominated account to meet a drawing on its due date.
ii. It is your responsibility to ensure that you are authorised to give us permission to deduct your monthly payment from your nominated card.
iii. It is your responsibility to advise us if there are any changes to your nominated credit card.