PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY 

By using this Website (which shall include the use of any of our fee-based services or offerings (“Individual Membership and Family Membership”), you agree to these Terms and Conditions of Use ("Terms & Conditions").  Unless inconsistent with the context:

these Terms and Conditions shall be incorporated into any agreement between you and us (“Agreement”).  In case of any inconsistency between these Terms and Conditions and any Agreement, the terms of the relevant Agreement shall prevail; and reference to this Website shall include reference to our Fee-Based Services. 

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time.  You should check these Terms & Conditions periodically for changes.  By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them.  If you do not agree to these Terms & Conditions, you should not use this Website and, if applicable, you should cancel your membership with us. 

The use of this Website is subject to important Security, Privacy Statements and indemnities, including regarding the use of your personal information, which you should read carefully before using this Website.

1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the Australian websites which are owned or operated by mybikeREGO International Pty Ltd (ABN 28 151 617 748)  (collectively, "we", "us" or "our"), including, without limitation, this Website and any other Australian website that we may own or operate currently or in the future (collectively, "Website").  For the purpose of these Terms & Conditions, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, mybikeREGO International Pty Ltd including, without limitation, their respective subsidiaries and affiliates; and “You”, “you” or “your” means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use this Website.

This Website and these Terms & Conditions are specifically directed to residents of Australia and this Website is for use only by residents of Australia.  If you are not a resident of Australia you should not continue to use this Website.
mybikeREGO International Pty Ltd currently operates this Website to provide Emergency Contact information facilitation management and information applications under license of “MyBikeRego” brand.

2. Terms & Conditions – General
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions.  If you do not comply with these Terms & Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof).  In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Website, including, but not limited to:

restricting the time this Website is available;
restricting the amount of use permitted; and
restricting or terminating your or any other user's right to use this Website. 

You agree that any termination or cancellation of your access too, or use of, this Website may be effected without prior notice to you and without providing any reason for such termination.  If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you acknowledge and agree that:

we may immediately deactivate or delete your user account and/or all related information and files in your user account and/or bar any further access by you to such information and/or files, or this Website (or part thereof); 

we shall not be liable to you or any third party for any termination or cancellation of, or variation of the applicable terms relating to, your access to, or use of, this Website; 

your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms and Conditions, or any policies or practices adopted by us in providing this Website, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your membership with us;

we make no warranties in relation to Services and your rights with respect to any dissatisfaction with Products are, unless we agree otherwise, limited to those rights available to you under the Trade Practices Act 1974 (Cth), equivalent state based fair trading legislation and any other applicable statute or common law right; 
we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms");  

such Additional Terms may be placed on this Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such; and
any Additional Terms will upon first being placed on this Website, or otherwise made public, be incorporated by reference into and form part of these Terms & Conditions.  

3.Description of Services
mybikeREGO helps people recover their lost or stolen property. It collects product registration information from owners and, if the property is lost or stolen, it provides a means for law enforcement and other finders to notify the owners. mybikeREGO also provides your emergency contact details to emergency services personnel should you as a member be involved in an accident. It also provides a variety of labels for protecting virtually any tangible asset. mybikeREGO is not responsible for products or services offered by other companies and makes no representations concerning the products or services offered by companies referenced in its promotional materials or web site. mybikeREGO reserves the right to change or modify the Terms and Conditions at any time and without notice. mybikeREGO may find it necessary to alter the program at any time without notice, and it reserves the right to cancel this Agreement or end the service with 3 months notice. Please visit this web site from time to time for periodic changes to terms of service.

4. Charges and Fees for Services
By subscribing to or purchasing a Service, you agree as follows:
To pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set out on this Website (such as the fixed Registration Fee and or the recurring Annual Memebrship Fees for Fee-Based Services and the fixed price for the Fixed Price Service), applicable taxes, and other charges, surcharges, costs and fees incurred in order to access or purchase our Services (“Fees”). 

With regard to Fee-Based Services we:
reserve the right to increase the Fees, or to introduce new Fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).  

mybikeREGO International Pty Ltd will automatically charge your credit card or other account at the start of the relevant billing period (usually annually, monthly or three-monthly in advance or as per offer) unless you terminate or cancel your subscription before the start of the relevant billing period.

Each time you use or apply for our Fee-Based Services you reaffirm your  agreement that we may charge your credit card (or other form of payment, if  applicable).  In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. Unless you advise us otherwise in advance, your subscription to Fee-Based Services will  automatically be renewed  at our standard subscription rates and for our  standard period (usually monthly or annually) at the start of the relevant  billing period.  If you wish to purchase alternative Fee-Based Services at any time, your new Fee-Based Service will supersede your current Fee-Based  Products at the start of the next billing period, unless we agree otherwise.

All Fees are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated. 
In addition to the Fees, you are responsible for all charges and fees associated with connecting to this Website, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.  

For the purposes of your use and purchase of our Services, including identification and billing, you agree to provide us with true, accurate, current and complete information as required by the order form for our subscription or sign up process to our Fee-Based Services ("Subscription Data") including your complete legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date) as required.

You agree to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.  You agree to maintain and promptly update the Subscription Data to keep it accurate at all times. 

Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of this Website (or any portion thereof) or any of our Services. 

Subscribers to our Services are obligated to check the My Account feature of this Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information.  

You are entirely responsible for maintaining the confidentiality of your password and user account information.  You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password or credit card information.  In the event of a breach of security by you, you will remain liable for any unauthorised use of your subscription until you update your Subscription Data.  You are entirely responsible for any and all activities which occur under your user account, as well as for paying any amounts billed to your credit card by a third party which were not authorised by you. 

5. Cancellation of Subscription
Either you or we may terminate or cancel your subscription to our Membership Subscription at any time.  You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:

these Terms and Conditions (including our enforcement or application of these Terms and Conditions);

any of our practices or policies, including our Privacy Policy, (and including our enforcement or application of these policies);

the Content available through this Website including any change in content provided through this Website;

your ability to access and/or use this Website; and
the amount or types of our Fees or billing methods, or any change to our Fees or billing methods. 

Upon cancellation or termination of your subscription to our Services, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, this Website (or part thereof).

You may cancel your subscription by contacting Customer Service or by such other means as we may provide from time to time.  We will attempt to process all cancellation requests within 72 hours after receipt of requests.  If you cancel near the end of your current billing period and have been or are inadvertently charged the next billing period’s Fee, you should contact Customer Service to have the charges reversed.  We reserve the right to charge and collect Fees incurred before your cancellation takes effect.

6. Refund Policy
Automatic subscription renewals can be cancelled for a full refund within 30 days of renewal by contacting mybikeREGO. No refunds or credits for partial annual subscription periods. Initial purchases of the Pulse ID tags are not refundable however if you notify us within 30 days of activation of your account we will refund to you the portion of the purchase which was attributable to the online subscription.

7. Ownership
All materials on this Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, concepts, notes, drawings, articles, audio, images and other materials ("Content"), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws.  You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.  You agree to follow all instructions on this Website limiting the way you may use any of the Content.  There are a number of proprietary logos, service marks and trade marks found on this Website.  By making them available on this Website, Bitten is not granting you any license to utilise those proprietary logos, service marks or trade marks.  Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.  If you download any Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it.

8. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions.  You understand that only you may use your user account and password, and that your subscription to our Services is only valid for your personal, non-commercial use and may not be shared with others.  You agree to be financially responsible for all usage or activity of the Service.  To subscribe to our Subscription Service, you represent that you are an Australian citizen or a resident of Australia with a valid and current Australian mailing address.

You acknowledge that you may only use the Service for personal, non-commercial use, and may not sell, lease, license or otherwise receive any consideration for allowing the Service to be used by any other person or entity.  You agree to indemnify us and keep us indemnified against any loss suffered by us due to you selling, leasing, licensing or otherwise receiving any consideration for allowing the Service to be used by any other person or entity.

You acknowledge that this Website contains Content that is protected by copyrights, patents, trade marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  All Content is protected under applicable laws and we own copyright or other property rights in the selection, coordination, arrangement and enhancement of all such Content.  All trade marks appearing on this Website are trade marks of their respective owners.  The mybikeREGO® is the trade name and the registered trade mark and service mark of mybikeREGO International Pty Ltd.  Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website.  You may not modify, publish, transmit, reuse, report, distribute, perform or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part.   

9. Privacy and Security
We are committed to protecting your privacy and security.  For more information, you should review our Privacy Policy.  By agreeing to these Terms and Conditions, you also consent to the collection and use of your Personal Information in accordance with the Privacy Policy. 

10. Becoming a Registered User
There is no cost to being a public user of this Website.  You do not have to become a registered user to use this Website.  However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of this Website.  You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Forum or use of the My Account feature of this Website.  A "Forum" means any Community Section, message board, bulletin board, or similar activity where you and other users of this Website can communicate.  If you elect to become a registered user of this Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate.  Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website (or any portion thereof).  You agree not to assign, transfer or sublicense your rights as a registered user of this Website.

11. Children
This Website is not for use by any person less than eighteen (18) years of age (each a “Child”) and is not directed to Children.  This Website is for use and access by individuals who are eighteen (18) years or older.

12. Links
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity.  We may provide, or third parties may provide, links to other websites or resources.  We encourage you to read the terms and conditions of use, and privacy policy guidelines, of such other website before conducting any material use of, or access with, that website.  You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising products or other materials, goods or services on or available from such websites or resources.  You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is suffered by or alleged to have been suffered by you, in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources).  You should direct any concerns with respect to any other website to that website's administrator or webmaster. 

13. Third Party Products and Services
You may order services, merchandise or other products through this Website from other parties (collectively, the "Third Party Sellers").  All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers.  We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers.  You will not consider us (and we will not be construed as):

a party to any such transaction, whether or not we may have received some form of revenue, fee, commission, benefit or other remuneration in connection with such transaction;

liable to you or any other person for any costs or damages arising out of or relating to, either directly or indirectly, such transaction; and

as required to disclose to you or any other person any of the terms or conditions upon which we are or may become entitled to any such revenue, fee, commission, benefit or remuneration. 

Where we receive commissions from Third Party Sellers, we will notify users of this Website.

14. Contests and Survey
This Website may contain contests, invitations to participate in contests or surveys that request you to send in to us or post on this Website material or information about yourself.  Each contest or survey will have its own rules, and you must read and agree to all those rules prior to entering into any such contest or responding to any survey.
Participation in these contests or surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information.  Some of the information requested may be of a personal nature but there is no obligation to answer any or every question.  In particular, submission of your email address will be optional.  Information requested may include contact information (such as name and shipping address) and demographic information (such as post code, age, gender and marital status).  Contact information will be used to notify the winners and award prizes.  Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website.  Large population demographics may be compiled and published using this data but no individual information will be disseminated.

15. Disclaimers of Warranties
Please note the following disclaimers of warranties that form part of these Terms & Conditions:

the services, offerings, content and materials on this Website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied; 

we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of any product, service or publication contained on this Website, or able to be accessed through any link on this Website;

neither mybikeREGO International Pty Ltd nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available, are free of viruses or other harmful components;

any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material;

neither mybikeREGO International Pty Ltd nor any of our Affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers endorse, recommend, promote, warrant or make any representations regarding the use, benefits, risks or the results of the use of the products, offerings, content and materials in this Website in terms of their correctness, accuracy, reliability, or otherwise;

no advice or information, obtained by you from our personnel or through this Website shall create any warranty not expressly provided for in these Terms & Conditions; and
we disclaim all warranties, express or implied, for any errors or omissions, inaccuracies or incompleteness of any Content, Submission or other material contained on this Website or able to be accessed through any link on this Website.

16. Limitation of Liability
You expressly understand and agree that we and our Affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:

the use or the inability to use this Website;

the use of our Services, any Content or other material on this Website or any website or websites linked to this Website;

the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website;

unauthorised access to or alteration of your transmissions or data;

statements or conduct of any third party on this Website;

any other matter relating to this Website; 

You acknowledge that, by undertaking the use of our Services, you are doing so voluntarily .  You are aware that your undertaking the use of our Subscription Services, that we do not guarantee, imply or present that should you be involved in a accident, the use of our Service will deter from the possibility that injuries you sustained may still result in serious personal injury, permanent disability or death and/or property loss and damage.

You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in the Subscription or other risks not known to you or that are not readily foreseeable at the time of using this Website.  You further acknowledge that this is a risk warning pursuant to relevant State legislation and the Trade Practices Act 1974 and you agree that you assume all risks in connection with your participation in our Subscription Service.  mybikeREGO International Pty Ltd (including its respective officers, employees and agents) and its Affiliates are not liable for the breach of any express or implied warranty that any services provided by mybikeREGO International Pty Ltd will be provided with reasonable care and skill.

To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless mybikeREGO International Pty Ltd (including its officers, employees, and agents) and its Affiliates against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether direct, consequential or foreseeable and whether caused by accident or any negligent or willful act or omission, breach of contract, breach of statutory duty or otherwise in connection with our Subscription Service.

Where your loss is not or cannot be excluded by these Terms & Conditions then:

in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website; and

our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions  and conditions is limited to, at our election: 

in the case of goods, any one or more 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; or

in the case of services:

the supplying of the services again; or

the payment of the cost of having the services supplied again.

If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.

17. Indemnification
You agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

To the maximum extent permitted by law, you agree to indemnify mybikeREGO International Pty Ltd (including its officers, employees and agents) and its Affiliates against any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in our Subscription Service, use of your own equipment, or any activity, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or willful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
You agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions shall operate in favour of mybikeREGO International Pty Ltd (including its officers, employees and agents) and its Affiliates and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.

You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against mybikeREGO International Pty Ltd (including its officers, employees and agents) and its Affiliates arising out of or as a consequence of your participation in our Subscription Service.

18. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in New South Wales and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

19. Miscellaneous Terms

Recovery of Legal Expenses
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer's fees. 

Severability
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. 

Entire Agreement
These Terms & Conditions, together with other documents incorporated by reference, are the entire agreement between you and us relating to the subject matter herein.  

Modification of Terms
These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement between you and mybikeREGO International Pty Ltd.  Each time you access this Website, you will be deemed to have accepted any such changes. 

Assignment
We may assign our rights and obligations under these Terms & Conditions.  These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. 

No waiver
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under these Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.  

20. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same.  We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use this Website (or any part thereof) who infringes the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement:  The  CopyrightInfringementOfficer@mybikerego.com.au

(Last modified as of 1st July 2011)