Party Onbici

Welcome to the website of Party Onbici Pty Ltd (formerly Bike Party) (ABN 77 684 853 594) ("we", "us" or "Party Onbici"), an online community to connect cyclists to local cyclists.

This website is located on the web via the domain partyonbici.com and includes all of the files located in that domain ("this site").

1. Agreement to these Website Terms

By accessing this site, you agree to be bound by these terms ("Website Terms"). These Website Terms constitute a binding agreement between you and Party Onbici and govern your use of this site.

Privacy Policy

As part of these Website Terms, your use of this site is also subject to our Privacy Policy (located at partyonbici.com//policies/privacy-policy/), which is incorporated by reference into these Website Terms.

Minimum age

You must meet the minimum age set out in our Terms & Conditions to create an account.

Should Party Onbici suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

2. Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms

Without limiting any other remedies available to Party Onbici at law or in equity, Party Onbici reserves the right to, without notice:

temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
- you breach any provision of these Website Terms;
- Party Onbici is unable to verify or authenticate any information that you provide to us; or
- Party Onbici believes that your actions may cause damage and/or legal liability to Party Onbici, any of its customers or suppliers or any other person; and
remove or block access to any information and/or materials (in whole or in part) that Party Onbici, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms.

Indemnity

You indemnify and hold harmless Party Onbici and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site; or
your negligence or misconduct, breach of these Website Terms or violation of any law or the rights of any person.

3. Registration and account security

Requirement for registration

Party Onbici reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. Party Onbici will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Party Onbici will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify Party Onbici immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this site, you must agree to these Website Terms and provide Party Onbici with:

a valid email address;
accurate contact information; and
any other information that may be required by Party Onbici during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to Party Onbici that all information provided to Party Onbici by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

Party Onbici reserves the right to accept or reject any application for registration of an account with this site at its discretion.

4. Fees

Party Onbici is free for riders. There is no subscription, trial or automatic renewal, and we do not sell goods or services or take payments through this site or the app.

Councils and other organisations that engage Party Onbici for paid services are invoiced directly under a separate written agreement, and the terms of that agreement govern those services.

5. Dealings with third parties

Content supplied by third parties

This site includes an online portal that allows third parties to advertise goods and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
any loss or damage that results from any dealings that you may have with such third parties.

Third party goods/services and websites

We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that Party Onbici does not:

check the truth or currency of any of the material or information that third parties provide or make available through this site;
control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by Party Onbici to you or otherwise become known to you through this site.

6. Intellectual property

Copyright

In these Website Terms, the term "Proprietary Content" means:

this site;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Party Onbici in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of Party Onbici or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms or with the prior written consent of Party Onbici or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

Party Onbici’s logo is a trademark of Party Onbici. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Party Onbici. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Party Onbici.

User Content

In these Website Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. Party Onbici reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

represent and warranty to Party Onbici that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
grant to Party Onbici a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Party Onbici’s absolute discretion.

Copyright claims

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement, including under the United States Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that material on this site, in the app or on our blog infringes a copyright that you own or control, please send a written notice to our designated copyright agent:

Copyright Agent
Party Onbici Pty Ltd
PO Box K1087
Haymarket NSW 1240
Australia
Email: finance@partyonbici.com
Phone: +61 415 675 807

Our designated agent is registered with the U.S. Copyright Office (registration number DMCA-1082315).

Your notice must include:

your physical or electronic signature, as the copyright owner or a person authorised to act on their behalf;
identification of the copyrighted work you claim has been infringed;
identification of the material you claim is infringing, with enough information for us to find it (for example, its web address);
your name, postal address, telephone number and email address;
a statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent or the law; and
a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the owner's behalf.

When we receive a notice that meets these requirements, we will promptly remove or disable access to the material and tell the user who provided it.

Counter-notices

If material you provided was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the copyright agent above. It must include your physical or electronic signature; identification of the material and where it appeared before it was removed; a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification; and your name, address and telephone number, with a statement that you consent to the jurisdiction of the courts for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Party Onbici may be found) and that you will accept service of process from the person who sent the original notice or their agent.

We will send a copy of a valid counter-notice to the person who sent the original notice. Unless they tell us within 10 business days that they have filed an action seeking a court order to restrain the alleged infringement, we may restore the material 10 to 14 business days after we receive the counter-notice.

Repeat infringers

We will, in appropriate circumstances, disable or terminate the accounts of users who repeatedly infringe the copyrights of others.

A notice or counter-notice that knowingly misrepresents that material is infringing, or that it was removed by mistake, may make the sender liable for damages.

7. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTY ONBICI AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Party Onbici and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this site will meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.

8. Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, Party Onbici and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, Party Onbici and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Party Onbici's sole discretion):

in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release Party Onbici and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms or the use of this site by you or any other person. Party Onbici may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms, Party Onbici excludes liability for any delay in performing any of its obligations under these Website Terms where such delay is caused by circumstances beyond the reasonable control of Party Onbici, and Party Onbici shall be entitled to a reasonable extension of time for the performance of such obligations.

9. General

Interpretation

In these Website Terms, the following rules of interpretation apply:

headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms;
these Website Terms may not be construed adversely against Party Onbici solely because Party Onbici prepared them;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

Party Onbici may provide any notification for the purposes of these Website Terms by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms, each party must bear its own legal, accounting and other costs associated with these Website Terms.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms without Party Onbici's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

Party Onbici may assign, transfer or sub-contract any of its rights or obligations under these Website Terms at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Party Onbici to act with respect to a breach by you or others does not waive Party Onbici's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms are severable and, if any provision of these Website Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

Party Onbici reserves the right to amend these Website Terms and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.

You may only vary or amend these Website Terms by written agreement with Party Onbici.

Governing law and jurisdiction

These Website Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

10. Schedule 1 – Prohibited conduct

YOU MUST NOT:

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of Party Onbici's intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Party Onbici without Party Onbici's prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Party Onbici or any of its staff into disrepute.

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