Terms and Conditions

  1. Terms of Use

Welcome to our website, called characterbikes.com.au. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs Character Bikes relationship with you in relation to this website. If you violate any of the terms of these Terms of Use we may, without limitation, have your access cancelled and you may be permanently banned from purchasing and using characterbikes.com.au, referred below as the “Site”. The term Character Bikes or ‘us’ or ‘we’ refers to the owner of the website www.characterbikes.com.au, Hunter Leisure Pty Ltd, whose registered office is 94 Keilor Park Drive, Tullamarine Vic 3043. The term ‘you’ refers to the user or viewer of our website.

  1. Terms

By accessing this web site, you are agreeing to be bound by the web site Terms of Use and our Privacy policy, which is incorporated herein by reference, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Using the Site will constitute your acceptance of these Terms of Use. If you do not agree to abide by these terms, please do not use the Site. Hunter Leisure Pty Ltd may modify these Terms from time to time, and your order of any products or services following such modification shall be deemed your acceptance of these Terms as so modified. For more information on privacy and how your information is used on please visit our Privacy Policy below.

  1. Limited License and Site Access

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Hunter Leisure Pty Ltd grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Site, or any portion of it. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hunter Leisure Pty Ltd. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hunter Leisure Pty Ltd without express written consent. You may not use any other “hidden text” utilizing Hunter Leisure Pty Ltd name, our website name, characterbikes.com.au or trademarks without the express written consent of Hunter Leisure Pty Ltd. Any unauthorized use terminates the permission or limited license granted by Hunter Leisure Pty Ltd. You may not use any Hunter Leisure Pty Ltd logo or other proprietary graphic or trademark as part of the link without express written permission of Hunter Leisure Pty Ltd. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

  1. Governing Law

Any claim relating to Hunter Leisure Pty Ltd’s website shall be governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria.

  1. Jurisdictional Issues

Characterbikes.com.au is controlled and operated from Australia by Hunter Leisure Pty Ltd. Our Sites are not subject to the laws or jurisdiction of any state, country or territory other than that of the Victoria, Australia. Hunter Leisure Pty Ltd does not represent or warrant that any of its, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Characterbikes.com.au do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit characterbikes.com.au availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion

  1. Limitations on liability

Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of Hunter Leisure Pty Ltd service or Characterbikes.com.au website except to the extent that such liability cannot be excluded by law. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with products is to obtain a refund therefore in accordance with the terms of these terms. To the fullest extent permissible by applicable law, the maximum liability of Hunter Leisure Pty Ltd arising out or in connection with the provision of or failure to provide any products or services shall be the actual price paid therefore by you. Note: some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of our sites signifies your explicit consent to this waiver.

  1. Copyright

All content on Hunter Leisure Pty Ltd websites including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, data compilations and software and its compilation is the property of Hunter Leisure Pty Ltd and is protected by Australian and International copyright laws.

You may not modify, create, copy, distribute, transmit, display, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Hunter Leisure Pty Ltd website without our express written consent.

  1. Trademarks

All Hunter Leisure Pty Ltd’s graphics, logos, page headers, button icons, images and product names are either trademarks or the copyright of Hunter Leisure Pty Ltd. Hunter Leisure Pty Ltd’s copyright materials may not be used in connection with any product or service without written authorization.

  1. Your Hunter Leisure Pty Ltd Account

You may create a Hunter Leisure Pty Ltd account by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify Hunter Leisure Pty Ltd of any unauthorized use of your account on our Sites. In order to create a member account with Hunter Leisure Pty Ltd, you must be at least 13 years of age. If you are not at least 13 years old, do not set up an account with Hunter Leisure Pty Ltd.

BY ORDERING PRODUCTS OR USING SERVICES, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.

 

  1. Privacy Policy

Characterbikes.com.au is committed to respecting your privacy and takes your privacy seriously. We recognise the trust you are placing in us, through your dealings with us, and in return we do everything we can to maintain that trust. Please read through our privacy statement to learn more about our privacy policy below.

We have structured our web site so that, in general, you can visit the website without identifying yourself or revealing any personal information. Once you choose to provide us with any information by which you can be identified, then you can be assured that it will only be used in accordance with this Privacy Policy. For your protection, any personal information we collect from you will be used in accordance with the Privacy Act 1988. As required by this Act we follow strict security procedures in the storage and disclosure of information, which you have given us, to prevent unauthorised access. We use your personal information to process and manage your orders with us. From time to time, we may use your personal information for marketing purposes and other promotional information so as to ensure we continually provide the best possible product and service offerings to you.

Affiliate marketing, such a Google analytics, may collect anonymous information about your visits to our website and your interaction with our products and services to allow target advertising for goods and services and tracking of marketing activities. This anonymous information is collected through the use of cookies. By using and browsing Hunter Leisure Pty Ltd’s website you consent to cookies being used in accordance with our policy.

If you do not consent you must disable cookies or refrain from using this site.

However, because cookies allow you to take advantage of some of the Website’s essential features, we recommend you leave them turned on. For example, if you block or otherwise reject cookies you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any of our products and services that require you to Sign in.

  1. Your Security

Your security & privacy is very important to Hunter Leisure Pty Ltd. We have taken all the essential measures to ensure that any information you give us, including credit card details, remains private and secure and that your payment and registration information is processed with confidentiality. Any personal details which Hunter Leisure Pty Ltd receives from you as a result of an inquiry or order will be kept secure. We do not keep credit card details and we do not share your details with anyone. Protecting your personal and order information is a priority. We want you to be able to order from Hunter Leisure Pty Ltd with total confidence. We have created a secure transaction environment so when you place orders or access account information it is done so through our secure server. The secure server software (SSL) encrypts all information you input before it is sent to us and ensures that any information arrives privately and unaltered. All credit card details are processed by a secure connection to our server set to 2048 bit encryption technology. For your added security all payment transactions are processed automatically by ANZ card services and therefore Hunter Leisure Pty Ltd does not store nor is party to your personal credit card or bank details. Once you place an order with characterbikes.com.au you will receive a confirmation email detailing your order summary, billing details, delivery details and your orders delivery and payment methods. On your credit card statement your order will be listed as Hunter Leisure Pty Ltd. Hunter Leisure Pty Ltd is the parent company of Hunter Leisure Pty Ltd. Please note that e-mail correspondence is free format text and cannot be encrypted, therefore it is not a secure means of communication. Where we have given you (or where you have chosen) a password that enables you to shop online you are responsible for keeping this password confidential. We ask you not to share your password with anyone. If you have any further questions about our credit card security policies, please send us an email via online@hunterleisure.com.au. When you buy online with Hunter Leisure Pty Ltd, you can buy with confidence.

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