Terms of service
Terms of Service – Mackay Cycles
Overview
This website is operated by Mackay Cycles. Throughout the site, the terms “we”, “us” and “our” refer to Mackay Cycles. We offer 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 of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, and 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. 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.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence. You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including copyright laws). A breach of these Terms will result in immediate termination of your access or Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding payment data) may be transferred unencrypted over networks. Credit card information is always encrypted during transfer over networks.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information on this site is not accurate, complete or current. The material is provided for general information and should not be relied on as the sole basis for decisions. You agree it is your responsibility to monitor changes to our site.
4. Modifications to Service and Prices
Prices for products are subject to change without notice. We reserve the right to modify or discontinue any service or product at any time without notice. We are not liable for any modification, price change, suspension or discontinuance of service.
5. Products or Services
Certain products or services may be available exclusively online through our website. These may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.
We have made every effort to display product colours and images as accurately as possible, but we cannot guarantee your device’s display will be accurate. We reserve the right to limit the sales of products or services to any person or region, and to discontinue any product at any time.
All product descriptions, pricing and availability are subject to change without notice at our discretion. Any offer made on this site is void where prohibited.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us. We may limit or cancel quantities purchased per customer, household or order. In such cases, we will attempt to notify you using the email, phone or billing address provided. You agree to provide current, complete and accurate purchase and account information for all transactions.
For more detail, please review our Returns Policy and Lay-By Terms.
7. Refunds, Returns & Consumer Guarantees
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
For full details, please refer to our Returns Policy. Nothing in these Terms affects your statutory rights under the ACL.
8. Optional Tools
We may provide access to third-party tools “as is” and “as available” without any warranties or representations. Your use of optional tools is entirely at your own risk.
9. Third-Party Links
Links to third-party websites are provided for convenience only. We are not responsible for examining or evaluating the content or accuracy and will not be liable for any harm or damages related to third-party sites or materials. Please review third-party policies before engaging in transactions with them.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
11. Errors, Inaccuracies and Omissions
From time to time, there may be errors or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct such errors and to cancel or update orders accordingly.
12. Prohibited Uses
You are prohibited from using the site or its content for unlawful, fraudulent or harmful purposes. Prohibited actions include transmitting viruses, infringing on intellectual property, spamming, or collecting others’ personal data. We may terminate access for any breach of these prohibitions.
13. Disclaimer of Warranties & Limitation of Liability
Except as required under the Australian Consumer Law, Mackay Cycles does not guarantee uninterrupted, error-free service. We are not liable for any indirect, incidental or consequential damages arising from your use of our services or products, except to the extent such liability cannot be excluded under applicable law.
14. Indemnification
You agree to indemnify and hold harmless Mackay Cycles, its employees, contractors and affiliates from any claim arising out of your breach of these Terms or violation of law or third-party rights.
15. Severability
If any provision of these Terms is found unlawful or unenforceable, that portion shall be severed and the remainder shall continue in full force and effect.
16. Termination
These Terms are effective until terminated by either party. You may terminate by notifying us you no longer wish to use our services. If you fail to comply with any term, we may terminate access immediately.
17. Entire Agreement
These Terms, together with our related policies, constitute the entire agreement between you and Mackay Cycles regarding your use of our website and services.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
19. Changes to Terms of Service
We reserve the right to update or change these Terms at any time by posting a revised version on this page. Your continued use of our website following any changes constitutes acceptance of the updated Terms.
20. Contact Information
Questions about these Terms should be sent to:
kyle@mackaycycles.com.au
Phone: (07) 4999 9474
Mobile: 0432 000 162
Address: 7/8–14 Centurion Drive, City Gates, Mackay QLD 4740