Terms & Conditions of Service
The Bike Van is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including; Face to face, by telephone, by email, via our website www.thebikevan.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
The Bike Van will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
The Bike Van
3 Byard Street, Mount Stuart TAS 7000
0477 277 826
Terms & Conditions of Service
The Bike Van ABN 21496636618 will carry out the repairs and work under this agreement in respect of the bicycle. The Bike Van will supply and fit all necessary parts and materials.
The Owner will pay The Bike Van the charges due in respect of the work and the parts and materials supplied by The Bike Van under this Agreement. Unless otherwise agreed by The Bike Van in writing, the Owner will pay the full amount due on the earlier of the completion of the work or return of the bicycle.
The Bike Van is entitled to increase the charges payable by the Owner for any product or service provided under this Agreement to include any goods and services tax payable by The Bike Van in respect of the supply of that product or service.
If any amount payable by the Owner is not paid by the due date, after six months the bicycle will be sold to recover costs of the work carried out.
The Owner warrants that it is entitled to grant a lien, and hereby grants a lien over the bicycle (including all its equipment and accessories) to secure the due payment of all charges arising under this Agreement, including storage charges, interest charges and any additional charges. The Bike Van will notify the Owner when the bicycle is ready for collection or return.
The Owner is personally liable for all amounts payable under this Agreement, regardless of any insurance or other contractual arrangement it may have.
Unless otherwise agreed. The Bike Van will complete the work in a reasonable time. If an estimated or specific time for completion is given by The Bike Van, it will not be liable for any delay due to circumstances beyond its control.
The Owner authorises The Bike Van to order on its behalf any parts or materials necessary to carry out the work. Unless otherwise agreed in writing, the Owner must pay to The Bike Van the full cost of obtaining any such parts and materials (including any costs arising from currency fluctuations between the date the parts and materials were ordered and paid for).
The staff of The Bike Van may test drive or carry out tests of the bicycle at The Bike Van’s discretion and may, if requested by the Owner, collect or re-deliver it where nominated by the Owner and The Bike Van will not be liable to the Owner for any damage which occurs to or is caused by the bicycle during such riding or testing, unless it arises from the negligence of The Bike Van or its staff.
The Bike Van will not, without the Owner's prior authorisation, carry out any work or supply any materials which are not included or referred to in the work. However, the Owner may in writing or orally authorise additional work to be performed or materials to be supplied. If additional work or materials are duly authorised, the Owner will be liable to pay for the additional work or materials the amount which is agreed at the time of authorisation or, failing such agreement, a reasonable sum.
Subject to any Australian or Tasmanian law implying a non-excludable obligation or right under this Agreement, The Bike Van’s liability in respect of faulty workmanship or defective parts is limited to direct rectification and the replacement or repair (at The Bike Van’s discretion) of defective parts free of charge. The Bike Van will not be liable in any way for losses or claims arising directly or indirectly from the performance of its obligations under this Agreement.
All parts claimed by the Owner to be defective must be returned at the Owner's expense in order to establish the alleged defect before any replacement or repair must be undertaken.
Your bicycle is left with The Bike Van at your own risk.
This Agreement is governed by the law of the State of Tasmania.
In this Agreement, where the context allows, references to a gender include the other genders, references to person include corporations and the singular includes the plural.