Terms & Conditions
Permission to use any or all of the aspects of MyCycling.com is conditional upon your agreeing to the terms of this licence. By using MyCycling.com, you will be deemed to have accepted the terms of the licence. If you do not wish to accept the terms of the licence, you must not use MyCycling.com or any of the information it provides either online, or in any other format.
1. Licence
1.1 MyCycling.com is a product developed by Marketing Fanatics Pty Ltd ATF ZedOne Unit Trust T/A SuperLever (’Licensor’) and all the intellectual property including copyright, trade marks and registered designs is owned by or exclusively licensed to the Licensor.
1.2 Pursuant to this licence, you acquire a non-exclusive right to use the MyCycling.com material upon the terms and conditions set out in this licence.
1.3 You may not reproduce, copy, modify, adapt or use MyCycling.com in any way not contemplated or expressly authorised by this licence.
1.4 In this licence, ‘MyCycling.com’ means all software programs, databases, sketches, images, photographs and text information contained on the copy of the media containing such information and on which this licence is displayed.
2. Licensee’s obligation
2.1 You acknowledge and undertake the following:
a) You will not (during or any time after the expiration or termination of this licence) do or permit to be done any act which infringes the intellectual property of the Licensor;
b) You will not copy, reproduce, translate, adapt, vary or modify the MyCycling.com;
c) You will not use MyCycling.com concurrently in more than one computer;
d) You will supervise and control the use of MyCycling.com in accordance with the terms of this licence; and
e) You will not provide, sell, rent, lease, transfer or otherwise make available MyCycling.com in any form to any person;
f) You will not analyse, reverse engineer, decompile, modify or disassemble MyCycling.com or combine it with or incorporate it into any other application;
3. Warranty
3.1 You acknowledge that:
a) MyCycling.com is not guaranteed to be error free;
b) The existence of any such errors will not constitute a breach of this licence; and
c) The maximum liability of Licensor under this licence is an amount equal to the purchase price paid by you for access to MyCycling.com
3.2 If any statute implies terms into this licence which cannot be lawfully excluded, such terms will apply to this licence, however the liability of Licensor for breach of any such implied terms will be limited to the repayment of the purchase price paid by you for the goods.
3.3 Except as expressly provided to the contrary in this agreement, Licensor will not be liable to you for any loss or damage, including special, indirect or consequential damages arising out of:
a) The use of MyCycling.com;
b) A breach of this licence; or
3.4 You acknowledge that:
a) You have exercised your own independent judgement in accessing MyCycling.com;
b) You have not relied on any:
c) representation made by Licensor which has not been stated expressly in this licence; and
d) any inscriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Licensor.
3.5 The warranties referred to in this clause 3:
a) are limited to the purchaser of access to MyCycling.com; and
4. Indemnity
4.1 You indemnify and hold the Licensor, its officers and employees harmless against all liabilities, costs and expenses which they may incur:
a) as a result of your breach of the provisions of this licence;
b) as a result of any claim by an unauthorised user of MyCycling.com.
4.2 You release Licensor, its officers and employees from liability for any claim which may arise against it through your or any person’s use of MyCycling.com.
5. Medical Disclaimer
5.1 You acknowledge that:
a) MyCycling.com does not provide medical or any health care advice, diagnosis or treatment;
b) The information provided in MyCycling.com is not a substitute for professional medical advice, diagnosis, examination or treatment;
c) All users of MyCycling.com should consult with their physician or qualified health professional before commencing usage of the MyCycling.com programs and advice; and
d) The use of any information or content provided in MyCycling.com will be entirely at your risk.
6. Assignment
The benefit of this licence will not be dealt with in any way by you (whether by assignment, sub -licensing or otherwise).
7. Waiver
Failure or neglect by Licensor to enforce at any time any of the provisions of this licence will not be construed or deemed to be a waiver of that party’s right under this licence.
8. Governing Law
8.1 This licence will be governed by and construed in accordance with the law of Queensland, Australia.
8.2 Any dispute under this agreement shall be submitted to a court of competent jurisdiction in Queensland, Australia.
