Terms of service

Terms and Conditions


Algorithm Group Pty Ltd

ABN 52 626 468 228

  1. Application

These Terms and Conditions (Terms) apply to all transactions involving the supply of products by Algorithm Group Pty Ltd ABN 52 626 468 228 trading as FatCat Bikes (we, us, our) to you.

By placing an order with us (whether through our website, via email, through a third-party platform or in any other way) and/or paying for the products you order, you accept and agree to be bound by these Terms.

From the time that we accept your order, a contract will be formed between us and you for the supply of the products ordered by you consisting solely of these Terms and any other written terms published on our website (including for website orders our website terms of service of use available at https://fatcatbikes.com.au/policies/terms-of-service).

Subject to these Terms and applicable laws, we may reject any order or terminate these Terms and cancel your order in our sole discretion for any reason, including if the ordered product is not available, if there is any error in the pricing presented to you, or if there is any error in the description of the products.  If we reject an order, we will endeavour to notify you of that rejection as soon as reasonably practicable.

No terms or conditions sought to be imposed by you (including any that are incorporated into a tender, offer, counteroffer or proposal made by you) will apply, unless expressly accepted in writing by us.

You may not cancel or vary an order that we have accepted without our written consent.

By placing an order, you warrant that you are over 18 years of age.  If we become aware that you are not over 18 years of age, we may terminate these Terms and cancel your order immediately.

  1. User Accounts

You may create a user account on our website (User Account), to place an order with us or to make future transactions more efficient.

You must ensure that the details you provide to us upon registration (or at any other time) are complete and accurate, and you must inform us immediately of any changes to the details provided at the time of registration.  You warrant to us that all information provided in the course of creating your User Account is true and correct

You may not create an account for any person or entity other than yourself.  You must not create a false identity or misrepresent an affiliation with another person or entity.  You may not create an account unless you are at least 18 years of age.

When you register for a User Account, you will be asked to create a password.  You will be responsible for maintaining the confidentiality of your User Account details and password.  You must not share your User Account details and password with other users, and must take all reasonable steps to prevent unauthorised access to your User Account.  You must promptly notify us if you have reason to believe that your User Account details or password have been lost, compromised or if they are likely to be used in an unauthorised manner.  You are responsible for all activities that occur under your User Account.

  1. Supply

We will supply the ordered products materially in compliance with the description of the relevant products set out on our website or otherwise provided to you in writing.

You acknowledge and agree that our products (and in particular, our bikes) should only be used by persons 16 years or older, and should be used in accordance with all safety materials, recommendations and other materials provided with the products.

We recommend that you check that your intended use of our products complies with laws that apply to you.  You are solely responsible for ensuring that your use of the products complies with all applicable local laws.  We make no representation that the use of the products will be lawful in any particular jurisdiction, and will bear no liability for any loss or damage arising out of your unlawful use of the products.

Upon delivery of the products, we recommend that you inspect the products and notify us immediately if the products or their packaging appear to have been damaged during transit and/or if the products do not appear to match the details of your order.  The return of any products will be dealt with in accordance with clause 6 of these Terms.

Title and risk of loss or damage to any products will transfer to you upon delivery of the products to the address specified in your order in accordance with these Terms.

  1. Prices and payment

We will charge you, and you agree to pay, the amounts set out on our website or otherwise presented to you for the relevant products as at the time of the order, as well as any other fees and charges (such as delivery fees) set out on our website or notified to you prior to placing your order.

All prices are in Australian Dollars and are inclusive of GST unless otherwise stated.

Once you have placed the order through our website, the payment will be processed through a third-party secure payment provider.  You will receive an electronic receipt when your payment has been processed, and we recommend that you check this receipt to ensure that it accurately reflects your order.

If we cancel or reject your order after your payment has been processed, we will refund all amounts paid within 20 business days.

  1. Shipping and delivery

You must pay the amounts for shipping as specified when you place an order (which for website orders will be as set out on our website).  Such amounts will be added to the amounts payable for the products ordered.  We provide free shipping in some areas of Australia, as provided in our Shipping Policy at https://fatcatbikes.com.au/policies/shipping-policy.

We will use our reasonable endeavours to adhere to any stated delivery requirements and timeframes in respect of the supply of those products, however you acknowledge and agree that any such dates are estimates only and we will not be liable should all or any part of the ordered products not be delivered by or on the agreed date.  Late or delayed delivery of any products will not entitle you to rescind or terminate these Terms.

Your products will be delivered to the designated partner freight depot listed in your order, or to your commercial business (if approved by us, as set out in our Shipping Policy).  The products will be stored at the depot for collection in accordance with the terms or practices of that depot.  A signature may be required on collection. 

If the products are not collected within 5 business days, or such other timeframe notified to you by the depot, the products may be returned to us at your cost. The cost for this will be the amount charged to us by the freight company (with no additional mark-up by us).  Subsequent deliveries or redelivery will also incur an additional shipping cost.

We are not liable if an incomplete or incorrect address is listed by you in your order.  If the address is incorrect and the products are delivered to an incorrect address, we will not be required to issue you a refund if the goods are lost.  If the address you provide to us is incorrect and the products cannot be delivered, and are returned to us, or need to be redirected to the correct address, then you may be required to pay an additional delivery or shipping charge for the products ordered to be sent to the correct address.

  1. Assembly of products

In some cases, you may be required to assemble the product.  In these instances, we will provide you with a set of instructions on how to assemble the product.  You must carefully read the instructions in full before assembling a product, and you must follow, and ensure that any other person involved in the assembly follows, the instructions in all respects in the assembly of the product.

Only suitably skilled, experienced and qualified persons should assemble our products.  If this does not apply to you, you must obtain professional assistance to assemble our products.  You warrant and represent that if you are assembling our products, you are suitably skilled, experienced and qualified and are over 18 years of age.

We are not liable to you for any loss or damage caused or contributed by our products having been assembled other than in accordance with our instructions and/or by persons who are not suitably skilled, experienced and qualified to assemble our products.

  1. Refunds and returns

You must notify us within 7 days of delivery if products are delivered with damage or the products delivered do not match your order, otherwise the products will be deemed to have been delivered correctly and without damage.  We will accept returns of products that are faulty, wrongly described, or otherwise breach any consumer guarantees that may apply.  Items (including bikes with fuel in the fuel tank) that have been used are not eligible for return, unless the product is faulty. 

Where we agree that a product is to be returned, we will contact you to discuss collection or return arrangements.  You are responsible for the return shipping expenses.  Prior to collection, you must store the product in a safe and proper manner.

Where we have agreed to provide a refund for a product that is returned, the refund will be paid to you within 20 business days after we have received the returned product.  Unless we otherwise agree, delivery or shipping charges will not be refunded.

This clause 7 is subject to your rights under clause 8.

If you are located in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

  1. Liability

Nothing in these Terms operates to exclude, limit or modify the application of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would be unlawful, contravene that statute or cause any part of this clause to be void.

We will not be liable for any indirect, special, incidental, economic or consequential loss or damage, or any loss of revenue, income, profits, data, goodwill, business, opportunities or anticipated savings, arising out of, in relation to or in connection with these Terms or the supply of any products by us, including without limitation, lost profits or damage suffered as a result of claims by any third person.

Subject to the above and to the extent permitted by law, we:

    • exclude all terms, conditions, warranties and guarantees implied or imposed by statute, law or other source external to these Terms (including as to the description, merchantable quality or fitness for purpose of any products);
    • exclude all liability incurred by any person arising as a result of the products being improperly assembled (not in accordance with applicable instructions);
    • exclude all liability for personal injury or property damage caused by the products or any use of the products;
    • except for liability expressly assumed under these Terms, exclude all liability whatsoever, whether under statute, contract, for negligence or other tort, or otherwise, arising out of, in relation to or in connection with these Terms, the products or the use of the products;
    • limit any liability which cannot be excluded or limited under the other provisions of this clause to, at our option, in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again, or in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.

We will have no liability caused by any act or omission of any third-party service provider or contractor, or any other matter or circumstance beyond our reasonable control.

  1. Indemnity

You indemnify us against all claims and losses suffered or incurred by us that are caused by or arise from:

      1. any breach of these Terms by you;
      2. any negligent or unlawful act or omission by you; and
      3. your failure to fully comply with the instructions in the assembly of any products,

except to the extent that claim or loss was caused or contributed to by us.

  1. Product recall

If we determine that it is necessary to recall the products you have purchased for safety or other reasons, you must provide us with any assistance reasonably required in order to give effect to such recall.

You must not make any public announcement in relation to a recall of any products without our prior written consent.

  1. Intellectual property

Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership of, or licence rights to, any copyright or other intellectual property rights unless otherwise expressly stated.

You acknowledge and agree that:

    • Our products (including the design of the products) and our website and its content, product brands, trade marks, logos, labels and associated get-up (IP) is protected by copyright and other intellectual property laws and treaties;
    • all intellectual property rights subsisting in or in connection with the IP belong or are licensed to us; and
    • you will not obtain any title to (and these Terms will not in any way transfer or assign to you) any part of the IP.
  1. Security

We take reasonable precautions to protect data you submit through our website from loss, misuse and from any unauthorised access, disclosure or modification.  However, we do not warrant, and we are not liable to you, if data you submit through our website is lost, misused or accessed, disclosed or modified by a person not authorised to do so.  You acknowledge that you use our website and enter into any transactions through our website at your own risk.

You agree that we may use data in relation to your use of our website to support or improve our website and to assist us to provide services to you and other customers.

You acknowledge that we have no liability for any loss of any data in your User Account and that it is your responsibility to safeguard any such data.

  1. Complaints

We take customer service matters very seriously, and if you have any complaints, we ask that you please contact our team at support@fatcatbikes.com.au.

  1. Privacy

We may collect your personal information in order to process and fulfil your order, provide products to you, communicate with you (including handling or responding to your requests or questions), process payments, and generally facilitate our dealings and accomplish any purposes for which you have contacted us.  We may be unable to provide products to you or otherwise perform these activities if you do not provide some or all of the personal information we request.

We may disclose personal information to third parties as necessary and appropriate in the course of performing our activities and functions.  For example, we may disclose personal information to delivery providers, certain of our contractors or service providers (such as technology and payment processing providers), or other third-parties as necessary to achieve the purpose for which we collected your personal information.  Some of these third-party service providers may be located overseas, such as the USA and Canada.  We will not otherwise ordinarily disclose personal information to recipients located overseas.

We may use personal information for the purposes of direct marketing (such as to notify you about products that may be of interest to you), and by providing us with your personal information you consent to us doing so.  However, if you do not wish to receive direct marketing, please notify us or use the opt-out mechanism provided in our communications.

Our Privacy Policy (as published on our website) contains information about how you may access your personal information held by us and seek correction of such information.  It also contains information about how you may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint.

If you would like further information about how we handle personal information, please refer to our Privacy Policy or contact us.

  1. Miscellaneous

These Terms constitute the entire agreement between the parties about its subject matter and supersedes all previous representations, understandings and agreements in connection with that subject matter.

These terms cannot be varied except by written agreement between the parties.

We may subcontract any of our obligations under these Terms.  Where we choose to do so, we remain responsible to you for the performance of the obligations by our subcontractors as if those obligations were being performed by us.

If a provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms.

These Terms will be governed by and construed in accordance with the laws of South Australia and the parties submit to the exclusive jurisdiction of the South Australian courts and any courts which have jurisdiction to hear appeals from those courts.

This clause 15 and clauses 8, 9 and 11 survive the termination of these Terms, as well as all other clauses which by their nature should survive the termination or expiry of these Terms.




OVERVIEW
This website is operated by FatCat Bikes. Throughout the site, the terms “we”, “us” and “our” refer to FatCat Bikes. FatCat Bikes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FatCat Bikes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FatCat Bikes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at fun@fatcatbikes.com.au


SECTION 21 - TERMS AND CONDITIONS FOR PROMOTIONS AND DISCOUNTS.

Discount code can not be used in conjunction with any other offer or discounts or bonuses.

Occasionally FatCat bikes will offer promotions and discount codes: The discount code must be applied at checkout to receive the promotion offered at the time and may have a begin date and end date for time of purchase.

Discount does not apply to Lay-buys option for payment.

Discount only applies to bikes unassembled in a crate. (Excludes assembled bikes)

 Discount valid for a certain amount of bikes, only while stocks last.

 

Purchases are subject to the shipping policy and additional shipping costs may be payable to ship to certain areas as per the check out process.

Delivery freight depot location must be selected at checkout, if not available please contact us for delivery quote to your area.

 

SECTION 22 - TERMS AND CONDITIONS FOR SALE.

These terms and conditions ("Terms") outline the rules and guidelines governing the Sale conducted by FatCat Bikes Australia. By participating in the Sale, you agree to adhere to these Terms. Please read them carefully before participating.

  1. Eligibility: 1.1 The Sale is open to individuals who are legal residents of the applicable country/region and are of the legal age to participate. 

  2. Sale Period: 2.1 The Sale will begin on 10/05/2023 at 12:00AEST and continue while shipment stocks last or at the company's discretion.

  3. Sale Mechanics: 3.1 The Sale offers discounted prices on select product as specified by the Company. 3.2 To take advantage of the Sale discount, customers must make purchases during the sale period. 

  4. No Other Discounts or Bonuses: 4.1 During the Sale, no other discounts, promotions, or bonuses can be combined or applied to the discounted prices. 4.2 This includes but is not limited to gift cards, coupons, or any other promotional offers.

  5. Purchase Requirements: 5.1 Customers must meet any specified purchase requirements to qualify for the Sale discounts. 5.2 Only valid purchases made directly through our website or direct contact with our sales team member will be eligible for the Sale discount. 5.3 Any returned or canceled purchases will be subject to the Company's regular return and refund policies.

  6. Limitations: 6.1 The Sale may have limitations on the quantity, availability, or duration of discounted products or services. 6.2 The Company reserves the right to limit or modify the Sale discounts at its discretion.

  7. Modification or Termination: 7.1 The Company reserves the right to modify or terminate the Sale at any time, without prior notice, due to unforeseen circumstances or any other reason. 7.2 In the event of modification or termination, the Company will not be liable to participants for any losses or damages.

  8. Privacy: 8.1 By participating in the Sale, you consent to the Company collecting, storing, and using your personal information solely for the purpose of administering the sale. 8.2 The Company will handle all personal information in accordance with applicable privacy laws and its privacy policy.

  9. Disclaimer: 9.1 The Company disclaims any liability for any losses, damages, or injuries incurred by participants as a result of the Sale. 9.2 The Company does not guarantee the availability or quality of any products or services offered during the sale.

  10. Governing Law: 10.1 These Terms shall be governed by and construed in accordance with the laws of Australia. 10.2 Any disputes arising from or in connection with the Sale shall be subject to the exclusive jurisdiction of the courts in Australia.

By participating in the Sale, you acknowledge that you have read, understood, and agreed to abide by these Terms. Failure to comply with these Terms may result in ineligibility for the Sale discounts.

If you have any questions or concerns regarding these Terms, please contact us at fun@fatcatbikes.com.au.