DUTCH CARGO BIKE PTY LTD
B2B WEBSITE TERMS & CONDITIONS
Dutch Cargo Bike's website and dealer portal are made available to you in accordance with these terms and conditions (“Website Terms”). Please read these Website Terms carefully before using the Websites.
By using the Websites, you acknowledge and agree that you have had sufficient opportunity to read and understand these Website Terms and that you agree to be bound by them. If you do not or cannot agree to these Website Terms, you are expressly prohibited from using the Websites and must discontinue use immediately.
These Website Terms form part of our Supply Agreement with you (“Supply Agreement”) and are to be read in conjunction with that Supply Agreement, including but not limited to, our General Terms and Conditions of Sale.
In these Website Terms, unless the contrary intention appears:
“Dutch Cargo Bike” / “we” / “us” / “our” means Dutch Cargo Bike Pty Ltd ABN 54 639 562 271;
“you” / “your” means you, being the Dealer;
“Content” means content that we create and make available in connection with the Websites including, but not limited to, software, all source code, computer code, databases, functionality, visual interfaces, interactive features, graphics, design, compilation, reports, images, photos, audio, video, text and other usage-related data, and all other elements and components of the Websites, excluding Third Party Content;
“Third Party Content” means content, including text, writings, images, photographs, audio, video, graphics, information, applications, software and other content or items belonging to or originating from parties other than Dutch Cargo Bike which may be available on or through the Websites.
“Websites” means our website www.dutchcargobike.com.au and our dealer portal https://dealers.dutchcargobike.com.au/login.
- USE OF WEBSITES
- You agree to use the Websites only in accordance with these Website Terms and the Supply Agreement, and agree to abide by all applicable laws, regulations and generally accepted online practices or guidelines when engaging with our Websites.
- Any user ID and password you are provided with or use to create an account for the use of the Websites are strictly confidential and you are responsible for maintaining the confidentiality and security of your account and password. You must immediately inform us in writing of any loss or disclosure of your user ID and password so that we may suspend your account. In the absence of such notice, all activity undertaken within your account shall be taken to be authorised activity for which you will be liable.
- You must not:
- use the Websites for any purpose that is unlawful or prohibited by these Website Terms or the Supply Agreement;
- use the Websites otherwise than for the intended purpose and within the functionality and means we provide;
- make any unauthorised use of the Websites or access the Websites via account information belonging to another person;
- allow any unauthorised person to have access to your account, or fail to change passwords as necessary or otherwise prevent access by a person who is no longer authorised;
- attempt to copy, duplicate or reproduce the Websites or any content from the Websites, or to delete or otherwise alter any content within the Websites;
- intentionally interfere with, disrupt, or create an undue burden on the Websites or the networks or servers connected to the Websites;
- circumvent, disable, or otherwise interfere with security-related or other features of the Websites;
- access or attempt to access any of the information available through the Websites other than through the means we provide; or
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Websites.
- Although we have no obligation to do so, we reserve the right at all times to:
- monitor use of the Websites for breaches of these Website Terms;
- revoke or restrict access to, disable, remove or limit the availability of, the Websites or any portion of them;
- monitor, retain and disclose any information regarding your use of the Websites as we deem necessary to satisfy any applicable law, legal requirement, police investigation or other governmental inquiry; and
- otherwise manage the Websites in a manner designed to protect our rights and to facilitate the proper delivery of our products and services.
- OUR CONTENT
- Unless otherwise indicated, the Websites, Content and all copyrights, trademarks, service marks, logos, trade names, trade dress, designs and other intellectual and proprietary rights contained therein (“IP Rights”), are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and laws in Australia and internationally.
- You acknowledge that the Websites and Content contains original works which have been created, developed, prepared, and compiled by us (or by a person who permits us to use those works under licence) through the application of considerable time, effort and expense and that they are of considerable value. You agree to protect the Websites, Content and the IP Rights during and after the term of any agreement between you and us created by these Website Terms.
- Except as expressly provided in these Website Terms, you agree that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, reverse engineer, corrupt or otherwise exploit for any commercial purpose whatsoever, any part the Websites, Content or IP Rights, without our express prior written permission.
- You are granted a limited licence only for the purposes of viewing the Websites and Content and using any functional aspects of the Websites, and only to the extent that your use does not violate these Website Terms.
- We reserve all rights not expressly granted to you in and to the Websites, Content and our IP Rights.
- Third Party Websites and Third Party Content
- The Websites may contain links to other websites (“Third Party Websites”) and may include Third Party Content.
- We should not be taken as having reviewed, investigated, monitored, endorsed or approved Third Party Websites or Third Party Content and we are not responsible for any Third Party Websites or Third Party Content accessed or available through the Websites whether by link or reference.
- We do not make any warranties with respect to links to Third Party Websites and do not accept any responsibility for or liability in relation to them or in respect of any Third Party Content. The use of or reliance on any Third Party Websites or Third Party Content is entirely at your own risk.
- ORDERS AND PURCHASING
- Any order placed or purchase made on the Websites will be subject to the Supply Agreement, including our General Terms & Conditions of Sale.
- If you provide payment details via the Websites, you represent and warrant that those details are valid and correct, and by doing so you confirm that you are the person referred to in the billing information or an authorised representative of the billing person referred to in the billing information. For security purposes, we may contact you to verify an order, confirm your payment details, or charge a nominal fee to your card to verify the payment details (which nominal fee will be refunded or deducted from any balance owed to us).
- Dutch Cargo Bike reserves the right to reject an order in its absolute discretion, and to otherwise restrict multiple quantities of an item being purchased by or shipped to any one person or postal address.
- We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with, when you place an order or access your account information, in compliance with our legal obligations. We may use Third Party Content, such as payment processing software or applications, in conjunction with our Websites.
- We take reasonable care to make our Websites secure and, in so far as it is in our power to do so, to keep the details of your orders, purchases and payments secure. In the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Websites.
- Electronic communications, transactions and signatures
- You consent to receiving electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Websites, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices and records of transactions initiated or completed by us or through the Websites. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- Modifications, interruptions and products displayed on the Site
- We reserve the right to change, modify, or remove the Websites or content at any time or for any reason at our sole discretion without notice.
- We will not be liable to you or any third party by reason of our withdrawing any products from the Websites (whether or not the products have been sold), for any, modification, price change, suspension, or discontinuance of the Products or the Websites, for removing, screening or editing any materials or content on the Websites, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
- Nothing in these Website Terms will be construed to obligate us to maintain and support the Websites or to supply any corrections, updates, or releases in connection with the Websites.
- Disclaimer and limitation of liability
- The Websites are provided on an “as is” and “as available” basis. You agree that your use of the Websites will be at your sole risk.
- We cannot guarantee that the Websites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Websites, resulting in interruptions, delays or errors.
- To the maximum extent permitted by law, neither Dutch Cargo Bike or its officers, directors, employees, agents, representatives, subcontractors or suppliers make any guarantees, representations or warranties to you that:
- the Websites, or any information obtained through the Websites, are accurate, reliable, up to date, complete or free from any errors;
- the Websites, or the use of any information through the Websites, will meet your needs or requirements;
- any defects in the Websites, or in any information obtained through the Websites, will be repaired or corrected;
- the Websites will generally be available, accessible or uninterrupted;
- content available for downloading through the Websites or delivered electronically or accessed via a link to Third Party Websites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Websites for the reconstruction of any lost data.
- Except for any liability which cannot be excluded by law, Dutch Cargo Bike and its officers, directors, employees, servants, agents, representatives, subcontractors or suppliers will not be liable for and exclude all liability for any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss, loss of opportunity or loss of goodwill) howsoever caused (including without limitation by reason of misrepresentation, negligence, tort, breach of contract or breach of statutory duty) which may be incurred by you or any other party arising out of or related to:
- your use or misuse of the Websites;
- any breach by you of these Website Terms or the warranties contained herein;
- unlawful use of the Websites;
- our rectification, variation or removal of the Websites;
- any errors or inaccuracies in any information obtained through the Websites;
- any decision made or action taken by you or anyone else in reliance on any information obtained through, or omitted from the Websites;
- any interruption or cessation of transmission to or from the Websites;
- any inability to access or use the Websites (whether during any downtime or discontinuance of the Websites, or otherwise);
- any problems or technical malfunction (whether or not under our control) of any communication network, telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or on any website, or any combination thereof, including but not limited to any injury or damage to your computer or device or any other person’s computer or device related to or arising from your use of the Websites;
- any third party interference or unauthorised access to or use of your personal and/ or financial information contained therein;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Websites by any third party;
- any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Websites;
- any product or service advertised or offered by a Third Party Website;
- any failure by us to meet any of our obligations under these Website Terms where such failure is due to events beyond our reasonable control, including without limiting the foregoing, any breach of the security safeguards of the Websites or third-party sites or services used in connection with the Websites.
You agree to fully indemnify Dutch Cargo Bike and our officers, directors, employees, servants, agents, representatives, subcontractors and suppliers, and keep us fully indemnified, from and against any claims, losses, damages, costs, expenses, liabilities or proceedings arising from of or in connection with:
- your use of the Websites;
- use of the Websites by any other person gaining access to your account;
- your use of, or reliance on, any information obtained through the Websites or Third Party Websites;
- your conduct in connection with the Websites, including any breach by you of these Website Terms;
- any breach by you of the representations and warranties you have made as set out in these Website Terms;
- any breach by you of the rights of any third party, including but not limited to, intellectual property rights;
- any harm, loss or damage you have caused to any other person in connection with the Websites; and
- any malicious damage or interference you cause to the Websites or any other of our marketing and social media platforms and accounts.
- Your rights
Nothing in these Website Terms limits, excludes or modifies, or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer laws and these Website Terms are to be read subject to any such laws. If such legislation applies, to the extent that our liability cannot be excluded by law, we limit our liability in respect of any claim to the total amount paid by you (if any) for any chargeable products or services purchased by you, plus the costs of shipping.
- VARIATION TO WEBSITE TERMS
We may modify these Website Terms from time to time. Please read these Website Terms and check back often as you are responsible for staying informed of updates. Your continued use of the Websites after any changes are made to these Website Terms will be deemed to constitute your acceptance of those changes. If you do not agree to any change to these Website Terms then you must immediately stop using the Websites.
- Governing Law: These Website Terms will be governed by and construed in accordance with the laws of Victoria, Australia and you agree to submit to the jurisdiction of the courts of Victoria, Australia and the laws in force from time to time in Victoria, Australia.
- No waiver: If you breach these Website Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Website Terms.
- Our relationship: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Dutch Cargo Bike as a result of these Website Terms or your use of the Websites. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Dutch Cargo Bike, and we shall not be liable for any representation, act, or omission on your part.
- Severability: If a provision of these Website Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Survival: Termination of these Website Terms or the Websites will not end those provisions that are capable of surviving, and/or which are intended to survive, such termination.
- Contact us
If you have any queries or need to notify us in relation to any matter arising under these Website Terms, please contact us https://dutchcargobike.com.au/more/get-in-touch/.