1. Introduction and Acceptance
1.1 Agreement
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you”, “your”, “Subscriber”, “User”) and Bike Yard Pty Ltd (ABN 34 690 012 572) (“Bike Yard”, “we”, “us”, “our”) governing your access to and use of the Bike Yard website located at bikeyard.com.au and any associated services, applications, or platforms (collectively, the “Service”).1.2 Acceptance
By accessing, browsing, or using the Service, or by creating an account or subscription, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.1.3 Eligibility
To use the Service as a Subscriber (shop listing bikes), you must:- Be at least 18 years of age;
- Have the legal capacity to enter into binding contracts;
- Be authorised to act on behalf of the business you are registering; and
- Be located in Australia or have an Australian Business Number (ABN).
1.4 Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service with a new “Last Updated” date and, where appropriate, by email. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.2. Description of Service
2.1 Platform Overview
Bike Yard is a lead generation platform that enables bicycle retailers (“Shops” or “Subscribers”) to list their available bike inventory. Prospective purchasers (“Buyers”) can browse listings and contact Shops directly. Bike Yard does not facilitate, process, or handle any transactions between Shops and Buyers.2.2 No E-Commerce
Bike Yard is expressly NOT an e-commerce platform. We do not:- Process payments for bicycle purchases;
- Act as an intermediary in sales transactions;
- Guarantee any transaction between Shops and Buyers;
- Hold funds or provide escrow services; or
- Take any commission on sales.
2.3 Lead Generation Only
The Service is designed solely to connect Shops with potential Buyers. All negotiations, terms of sale, warranties, delivery, and after-sales support occur directly between Shops and Buyers, entirely outside of the Bike Yard platform.3. Account Registration
3.1 Account Creation
To list bikes on Bike Yard, you must create a Subscriber account and maintain an active subscription. You agree to:- Provide accurate, current, and complete information during registration;
- Maintain and promptly update your account information;
- Maintain the security and confidentiality of your login credentials;
- Accept responsibility for all activities that occur under your account; and
- Notify us immediately of any unauthorised use of your account.
3.2 One Account Per Business
Each business may maintain only one Subscriber account. Multiple accounts for the same business are prohibited and may result in termination of all associated accounts.3.3 Account Verification
We reserve the right to verify your identity and business credentials at any time. You agree to provide reasonable documentation upon request.4. Subscriptions and Payment
4.1 Subscription Plans
Access to listing features requires an active paid subscription. Subscription plans, pricing, and features are described on our website and may be modified from time to time.4.2 Billing
Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. All amounts are in Australian Dollars (AUD) and include GST where applicable.4.3 Payment Processing
Payments are processed by our third-party payment processor, Stripe. By subscribing, you agree to Stripe’s terms of service. We do not store complete credit card information on our servers.4.4 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You authorise us to charge your designated payment method for renewal fees.4.5 Cancellation
You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.4.6 Price Changes
We may modify subscription pricing upon 30 days’ notice. Price changes will take effect at your next renewal date. Your continued subscription after a price change constitutes acceptance of the new pricing.4.7 Failed Payments
If a payment fails, we may suspend access to listing features. We will attempt to notify you and may retry the payment. Continued payment failure may result in account suspension or termination.5. User Content
5.1 Definition
“User Content” means any content, data, text, images, descriptions, specifications, pricing information, or other materials that you upload, submit, or transmit through the Service, including bike listings, shop profiles, and communications.5.2 Ownership
You retain ownership of your User Content. By submitting User Content, you grant Bike Yard a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, modify, display, and distribute your User Content solely for the purpose of operating and improving the Service.5.3 Responsibility
You are solely responsible for your User Content and the consequences of submitting it. You represent and warrant that:- You have all necessary rights to submit and licence your User Content;
- Your User Content does not violate any third party’s intellectual property, privacy, or other rights;
- Your User Content is accurate and not misleading; and
- Your User Content complies with all applicable laws and these Terms.
5.4 Content Standards
You agree that your User Content will NOT:- Be false, misleading, or deceptive;
- Infringe any intellectual property or proprietary rights;
- Violate the privacy or publicity rights of any person;
- Contain viruses, malware, or other harmful code;
- Be defamatory, obscene, offensive, or otherwise objectionable;
- Promote illegal activities; or
- Violate any applicable law or regulation.
5.5 Third-Party Content
Bike specifications, images, and other technical data may be sourced from third-party providers (including 99spokes). Such content is provided “as is” and Bike Yard does not warrant its accuracy or completeness.6. Listing Requirements and Standards
6.1 Accurate Listings
All bike listings must accurately represent:- Bikes that are genuinely available for purchase;
- Current pricing;
- Actual condition of the bike (new, ex-demo, used);
- Available sizes and colours; and
- Stock availability status.
6.2 Prohibited Listings
You must NOT list:- Bikes you do not have available and on-hand to sell;
- Stolen goods or goods obtained illegally;
- Counterfeit products or products that infringe intellectual property rights;
- Products that do not comply with Australian safety standards;
- Items that are not bicycles or directly related bicycle products; or
- Listings primarily intended to drive traffic to external sites without genuine intent to sell the listed bike.
6.3 Timely Updates
You must:- Update or remove listings promptly when bikes are sold;
- Keep pricing current and accurate;
- Respond to buyer enquiries in a timely manner; and
- Maintain accurate shop profile information.
6.4 Listing Integrity Policy
To maintain the quality and trustworthiness of the Bike Yard marketplace, we enforce a strict policy against misleading listings. This includes, but is not limited to:- Listing bicycles that are not genuinely available for sale at the time of listing;
- Advertising bicycles at prices significantly below the actual selling price with the intent to attract enquiries (commonly known as “bait pricing”);
- Any other conduct designed to mislead potential buyers or artificially generate enquiries.
7. Acceptable Use
7.1 Permitted Use
You may use the Service only for its intended purpose: creating and managing legitimate bike listings (as a Subscriber) or browsing and enquiring about bikes (as a Buyer).7.2 Prohibited Conduct
You agree NOT to:- Use the Service for any unlawful purpose;
- Impersonate any person or entity;
- Harvest or collect user information without consent;
- Interfere with or disrupt the Service or servers;
- Attempt to gain unauthorised access to any part of the Service;
- Use automated systems (bots, scrapers) to access the Service without permission;
- Transmit spam, chain letters, or unsolicited communications;
- Circumvent any security measures or access restrictions;
- Reverse engineer, decompile, or disassemble any part of the Service; or
- Use the Service in any way that could damage our reputation or goodwill.
8. Intellectual Property
8.1 Bike Yard IP
The Service, including its design, features, functionality, content, trademarks, logos, and software, is owned by Bike Yard or its licensors and is protected by Australian and international intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.8.2 Licence to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purposes.8.3 Feedback
If you provide suggestions, ideas, or feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, royalty-free licence to use such Feedback for any purpose without compensation or attribution.9. Privacy
9.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to such collection and use.9.2 Data Retention
We retain your information in accordance with our Privacy Policy and applicable law. Upon account termination, we may retain certain information as required by law or for legitimate business purposes.10. Third-Party Services
10.1 Integration
The Service may integrate with or contain links to third-party services, including payment processors, mapping services, and data providers. Your use of such services is subject to their respective terms.10.2 No Endorsement
We do not endorse or assume responsibility for any third-party services, content, or products. Your dealings with third parties are solely between you and them.11. Disclaimers and Limitations of Liability
11.1 Service “As Is”
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.11.2 No Guarantee
We do not guarantee that:- The Service will be uninterrupted, secure, or error-free;
- Defects will be corrected;
- The Service will meet your requirements;
- Any content on the Service is accurate, complete, or current; or
- The Service will generate any particular number of leads or sales.
11.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIKE YARD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:- Your access to or use of (or inability to access or use) the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; or
- Unauthorised access, use, or alteration of your content or data.
11.4 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.11.5 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law applies, our liability for breach of any implied guarantee is limited, at our option, to the re-supply of the services or payment of the cost of having the services re-supplied.12. Indemnification
You agree to indemnify, defend, and hold harmless Bike Yard, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:- Your use of the Service;
- Your User Content;
- Your violation of these Terms;
- Your violation of any third-party rights; or
- Any dispute between you and a Buyer or other third party.
13. Termination
13.1 Termination by You
You may terminate your account and these Terms at any time by cancelling your subscription and ceasing use of the Service.13.2 Termination by Us
We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including:- Breach of these Terms;
- Non-payment of subscription fees;
- Fraudulent, illegal, or abusive activity;
- Extended inactivity; or
- At our sole discretion.
13.3 Effect of Termination
Upon termination:- Your right to access the Service immediately ceases;
- Your listings will be removed from public view;
- We may delete your account and User Content (subject to legal retention requirements); and
- Provisions that by their nature should survive termination will continue in effect.
13.4 No Refund on Termination
No refunds will be provided upon termination, except as required by applicable law.14. Dispute Resolution
14.1 Informal Resolution
Before initiating formal proceedings, you agree to first contact us at support@bikeyard.com.au to attempt to resolve any dispute informally within 30 days.14.2 Mediation
If a dispute cannot be resolved informally, either party may refer the dispute to mediation administered by the Resolution Institute (or another agreed mediator) in accordance with their mediation rules.14.3 Jurisdiction
If mediation fails, any dispute shall be resolved by the courts of Western Australia, and you consent to the exclusive jurisdiction of those courts.15. General Provisions
15.1 Governing Law
These Terms are governed by the laws of Western Australia, without regard to conflict of law principles.15.2 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Bike Yard regarding the Service.15.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect.15.4 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.15.5 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.15.6 Notices
We may provide notices to you via email to the address associated with your account or by posting on the Service. You may provide notices to us at support@bikeyard.com.au.15.7 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, pandemic, natural disasters, or infrastructure failures.16. Contact Information
If you have questions about these Terms, please contact us: Bike Yard Pty Ltd Email: support@bikeyard.com.au© 2026 Bike Yard Pty Ltd. All rights reserved.