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The information on this site is copyright MOTORBIKE TRANSPORT. Reproduction in whole or in part or any
text, photograph or illustration without the written permission of the publisher is strictly prohibited. 1. Permitted Use Copyright and other rights that subsist in the home page and in the sub pages of the MOTORBIKE TRANSPORT website are owned by Motorbike Transport. In consideration of Motorbike Transport allowing you to access the pages of the Site all users of the Site are deemed to accept the following terms and conditions of use: 1.1 Subject to what is said below material from the Site may be downloaded, viewed, printed, copied on the hard disk of your computer for your own personal, non-commercial purposes as a personal information resource in good faith only. Any other type of use requires the prior written agreement of Motorbike Transport. 1.2 You agree that you will not use the Site: (a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect; (b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person; (c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation; (d) for the posting, uploading, emailing or any other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; (e) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site; (f) to transmit or re-circulate any material obtained from the Site to any third party; (g) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or (h) in any way that might bring Motorbike Transport into disrepute. 1.3 Motorbike Transport may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication. 1.4 You hereby grant Motorbike Transport a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format. 1.5 You hereby waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Motorbike Transport or to the Site. 1.6 You hereby agree that you are aged 18 years or over when making online payments with a credit card and that you have the specific authorisation of the Card Holder. 2. Subscriptions 2.1 You agree to provide true, accurate, current and complete information about yourself as requested by Motorbike Transport in the registration or subscription form ("the Registration Information"). 2.2 You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. 2.3 These terms shall apply in relation to your use of the Newsletters and the Publications in the same manner in which they apply to your use of the Site. Without affecting the generality of the foregoing, Clauses 1.1 and 1.2 above and Clauses 4 and 5 below shall also apply as if the words "the Site" were replaced by "the Newsletters and the Publications". 3. Removal of Material and cancellation of Access to the Site 3.1 Motorbike Transport shall have the right to refuse to provide you with Newsletters and/or refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and Motorbike Transport shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Motorbike Transport or its employees) arising from Motorbike Transport's refusal to provide you with Newsletters or your inability to access any of the pages on the Site. 3.2 Motorbike Transport shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Motorbike Transport shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Motorbike Transport or its employees) arising from the removal of such material. 4 . Rights Clearances The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Motorbike Transport which arise as a result of your failure to obtain such licences and permissions. 5. Liability 5.1 The information provided on or in the Site is intended for recreational, non-commercial purposes only. Whilst every effort has been taken to ensure the accuracy of the information provided by Motorbike Transport and its employees in these pages, the contents of the Site reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. IT IS THE RESPONSIBILITY OF USERS TO CHECK THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM. 5.2 Motorbike Transport cannot guarantee that your use of the Site will be free from error and/or uninterrupted. Motorbike Transport possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of Motorbike Transport or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof. 5.3 Some of the pages on or in the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Motorbike Transport and for ensuring that such content complies with all relevant legislation. Motorbike Transport accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein. 5.4 On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. Motorbike Transport is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party. 5.5 Save unless otherwise stated, Motorbike Transport makes no warranty whatsoever as to any goods or services purchased or obtained or offered to you through use of the Site, whether accessed directly or otherwise. 6. Links 6.1 Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Motorbike Transport is not responsible for the content of these Internet sites. 6.2 No links from external websites to the Site are permitted without the prior written consent of Motorbike Transport. 7. Competitions and Special Offers Motorbike Transport may, from time to time, have competitions, prize draws or other promotions and offers on the Site. These will be subject to additional terms and conditions that will be made known to you. 8. Viruses 8.1 Whilst effort has been taken to ensure that the pages of the Site and the Newsletters are free from viruses, Motorbike Transport give no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software. 8.2 Motorbike Transport excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Motorbike Transport or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of: a) the pages on the Site or any other Internet sites; b) any material downloaded from the Site or any other Internet sites; c) any Newsletter; or d) any Publication. 9. Intellectual Property The names, images and logos identifying Motorbike Transport or third parties and their products and services, are the proprietary marks of Motorbike Transport, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Motorbike Transport reserves all rights to enforce such rights that it might have. 10. Variations These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted. 11. Severability If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. 12. Jurisdiction The terms and conditions shall be governed by and construed in accordance with the laws of The Commonwealth of Australia. Any disputes arising from matters relating to the Motorbike Transport shall be exclusively subject to the jurisdiction of the courts of Victoria, Australia. 13. Motorcycle Transport Insurance Motorbike Transport (1300-Bike-Move) are not insured. The insurance is the complete and total responsibility of the contractor used by Motorbike Transport (1300-Bike-Move). Our contractors only insure roll on roll off transports that are conducted on the east coast between Adelaide to Cairns, you must deal directly with our contractor regarding any claims. All WA & NT states (East to West, West to East, Coast) Motorcycle that are crated are uninsured, however, some of our contractors do have insurance between $500 to $5,000, but these claims MUST be lodged withing 30 days of delivery otherwise there can be absolutely NO claim against us or our contractor, we lodge these claims on your behalf with no guarantees, you cannot claim through our contractor . There are no guarantees or warranties whatsoever. Motorbike Transport is the booking service only that charges a small fee above the contractors cost. We cannot make any adjustments to the above and by paying your transportation cost you have deemed to have read and accepted these terms and conditions. You have entered into a legally binding contract by paying, please read your original quotation, at the bottom it states this quite clearly. 14. Motorcycle Pre Purchase Inspection This is a visual inspection only NOT a road worthy certificate. Motorbike Transport does not conduct the inspection and do NOT offer any warranties or guarantees whatsoever as it is impossible to ascertain precise information without pulling the bike apart and we do not provide this service. We commission reputable contractors to conduct these inspections and any correspondence regarding any aspect of the report can be directly with the inspectors only, Motorbike Transport will provide all the necessary contact details if the need arises. Motorbike Transport is the booking service ONLY and cannot be held liable for any misrepresentations this is directly between the customer and the inspector. 15. Disputes Any disputed items needing a court or tribunal MUST and will ONLY be held in the state that Motorbike Transport is registered in, Victoria, Australia. 16. Services Motorbike Transport is a booking service using reputable contractors on a national and international level and cannot be held responsible for their contractors actions. Any claims will be directly up to you, the customer to deal directly with the contractors of Motorbike Transport for all jobs from Adelaide to Cairns. Motorbike Transport will assist where it can and by supplying you with our contractors contact details. All WA 7 NT crated jobs are uninsured, however certain contractors do have their own insurance ranging from $500 to $5,000, we must lodge these claims on your behalf, you cannot claim directly. Motorbike Transport can never guarantee an exact delivery
date and time, it is out of our direct control. We do however try and provide you with an approximate delivery time. We cannot
be held responsible or liable for late deliveries or late pick ups. 17.
Quotes Our quoted prices are not legally binding and can be changed by Motorbike Transport only, at any time, just as we can never guarantee exact timing of the contractors services, whether it be transport or inspections, this is beyond our direct control and in the hands of the contractors. Motorbike Transport is the online booking service only. 18. Cancellations - Additional Charges a. Pre Purchase Inspections: All Pre Purchase Inspection cancellations incur a $29 Administration fee and must be cancelled 24 hours prior to inspection. Once our inspector has travelled to the address, there is no refund. b. Transportation: Transport Cancellations must be within 3 days of pick up. All transport cancellations incur a $90 administration fee if within the 3 days, otherwise entire amount is forfeited. All Perth and Darwin transport cancellations incur a $90 processing fee if cancelled. c. If we travel to the pick up address and cannot pick up the bike, a $50 surcharge applies to return.
There will be no refund if we travel to the pick up and you have failed to cancel the transportation in writing to Chief@MotorbikeTransport.com.au. d. Motorbike Transport can and will cancel any transport job that is deemed unsafe to transport. You will be charged a fee of $90 inclusive of GST for our time. e. Be aware that our crates
are no larger than 2.43m x 0.75m x 1.28m. If your motorcycle does not fit within these dimensions, we cannot crate it. Make
sure that all screens, top boxes are removed, we cannot remove these for you. Please check these details as you will be charged
$90 inc GST for our time. Your job will be cancelled if you do not comply with the above. |