Terms & Conditions

1. Acceptance

(a) This Agreement is between Ariyttam Pty Ltd (ABN 40 160 381 117) (we, our or us) and you, the company, entity, or individual who is purchasing any Products, Services or Goods (Goods) from us through our website located at astateofride.com (Store) or on our mobile application.

(b) By purchasing the Goods or Services from us, or proceeding with any quote issued you agree:

(1) that you have reviewed and accept these Terms and Conditions for the Sale of the Goods (Terms); and

(2) that you have the legal capacity to enter into a legally binding agreement with us;

(3) to the immediate start of your subscription;

(4) that you will be automatically charged each period in advance until you cancel, except during any free trial or complimentary period. You must cancel online before the end of any free trial period to avoid being charged the subscription fee.

2. Account holders

(a) You may be eligible to create an account to purchase Goods or Services from us (Account), which allows you to pay your invoices/subscription on a monthly basis. You may also purchase Goods or Services from us without creating an Account.

(b) When you create an Account and/or make a purchase, you may be asked to provide us with basic information such as your name, shipping address, billing address, and payment details.

(c) You must ensure that any information you provide when creating an Account, including personal information, is accurate and up-to-date. All personal information you provide will be used to manage your Account and will be treated in accordance with applicable Australian privacy laws.

(d) You are liable for all activity under your Account, including all purchases made using your Account details.

(e) We may, at our absolute discretion, accept or reject the creation of an Account. We will endeavour to notify you of any rejection at the time of its creation or within a reasonable time thereafter.

3. Orders

(a) You may order Goods or Services from us through our Store, or as set out on the Site (Order). Any Order placed by you is an offer to purchase the Goods or Services for the price notified (including the delivery and other applicable charges and taxes) at the time you place your Order.

(b) We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the Order or within a reasonable time thereafter.

(c) Each Order that we accept results in a separate binding agreement between you and us for the supply of Goods or Services in accordance with the Terms.

(d) It is your responsibility to check the Order details and confirm the accuracy of all aspects of the Order, including the description of the Goods or Services set out in the Order, the pricing, and your contact details before you submit your Order to us.

(e) When your Order has been confirmed, we will provide you with an Order confirmation, which may include an order number, an order ID, the delivery and billing addresses, and a description of what was ordered.

(f) If you cancel your Order after we have accepted the Order, you will be liable for any costs that we have incurred, or that we cannot recover, as a result of that cancellation.

4. Price and payments

(a) You must pay us the purchase price of the Goods or Services that you order, plus any Australian GST and applicable delivery costs as advised by us (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the price of the Goods.

(b) If you do not have a Credit Account with us, you must pay the Price upfront at the time of purchase or on completion of services rendered, including where the Goods or Services are the subject of an Order placed with us. Only once the Price has been paid in full will we provide you with the Goods or Services, or will we submit your Order to our suppliers.

(c) If you have a Credit Account with us, we will send you a monthly statement at the end of each month for Goods purchased or Services rendered during that month. You agree to pay the monthly statement as per the times and using the payment method stipulated in the monthly statement or invoice.

(d) If you fail to pay your invoice in accordance with clause 4(c), we may suspend your Credit Account and the provision of any Goods or Services under it until we receive payment. If you dispute an invoice, or any part of the invoice, you must notify us of your dispute in writing within 7 days of the date of our invoice, setting out full details of your dispute. You must pay any undisputed portion of the invoice as set out in clause 4(c).

(e) If full payment has not been made against an invoice as set out in the Terms, we may (at our absolute discretion) immediately cease supplying Goods or Services to you and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate plus 5% per annum, calculated daily and compounding monthly.

(f) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honored by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(g) If you have selected a Monthly Plan, you must pay the Plan Fee each month via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party provider, as set out on the website (Store).

(h) If:

(1) You fail to pay any amount when it is due and owing.

(2) You default in the performance of your obligations under these terms and conditions.

(3) You, if an individual, commit an act of bankruptcy, or a corporation, becomes subject to external administration or passes a resolution to wind up;

Then, in addition to any other rights we have, you shall be in breach of these terms and conditions, and we shall be entitled to:

(1) Treat the whole of the scope of works disclaimed;

(2) Refuse to supply any of the services to you;

(3) Seek relief through the courts or a third-party debt recovery service to recover the money, plus interest and additional costs in accordance with these terms and conditions. You shall pay all our collection costs, including solicitor fees, interest, third-party expenses, and related costs for outstanding amounts;

(4) Without liability, terminate or suspend the provision of future services in accordance with these terms and conditions, in the event of default.

5. Availability and cancellation

(a) All Goods and Orders are subject to availability. We do our best to keep products in stock and use reasonable endeavors to source any Orders from our third-party suppliers.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that we have previously accepted, including where there is a considerable delay in dispatching your Order, or for any reason we cannot supply the Goods in your Order (for example, due to an event beyond our reasonable control). We will contact you using the details you provided when you placed your Order. You may choose to receive a refund, store credit, or place your Order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Goods will be refunded to you promptly. If you choose to place your Order on backorder, we will contact you to arrange delivery or collection once the Goods are available.

6. Delivery, collection, title and risk

(a) Where you request delivery of any Goods, we will deliver the Goods, either ourselves or through our third-party delivery partners, to the delivery address you provide when placing your Order.

(b) Delivery costs will be advised by us when you place your Order and/or included in any applicable quotes.

(c) You acknowledge and accept that any date/time notified by us or our delivery partners for the delivery of the Goods is an estimate only. Delivery may be subject to third-party providers, and we accept no liability for delays beyond our control.

(d) If you need to change the delivery date or address, please notify us immediately in writing.

(e) We may, at our sole discretion, require you to sign for any delivered Goods. If no one is available to accept delivery, we may leave the goods at the delivery address or return them to our store for collection or redelivery.

(f) It is your responsibility to ensure safe access for delivery. If delivery cannot be made safely, we may decline delivery and require payment for redelivery once conditions are safe.

(g) Title to the Goods remains with us or our supplier until you have paid us the Price in full. Until title passes, you must not create any encumbrance over the Goods.

(h) Risk in the Goods passes to you upon delivery. You are responsible for confirming the completeness and condition of the Goods upon delivery.

(i) If you are collecting Goods from our store, we will notify you when your Order arrives. Failure to collect within the specified timeframe may result in storage fees or cancellation of the Order.

7. Returns, Refund, Hold and Cancellation Policy

(a) To avoid being charged the subscription fee, you must cancel online before the end of any free trial period.

(b) We do not offer change of mind returns or refunds for once-off plans, service subscriptions, or ebooks. Failure to complete onboarding or check-ins does not entitle you to a refund. Plans requiring adjustments due to a mistake by A STATE OF RIDE will be rectified within 2 business days; however, this does not entitle you to a full refund.

(c) Club License services require a minimum 3-month subscription period. Cancellation is not permitted before 3 months. A 2-week notice to cancel your subscription is required; please email support@astateofride.com to do so.

(d) Upon your written request with no less than 14 days' notice, we may put your Plan on hold for a maximum continuous 2-month period within any 3-month period where we provide the Services to you. During the Hold, Services will not be provided, and you will not be required to pay the Plan Fee. Plans cannot be placed on hold during the initial 3-month minimum term.

(e). Refunds for once-off plans and services are only available before the creation of said plans and services. Once provided, no refunds or change of mind requests will be entertained.

(f) The Service Plan is non-transferable and cannot be resold or gifted to another party. Under no circumstance can the Account name of the original Service Plan holder be changed.

Australian Consumer Law

(g) Nothing in these Terms attempts to modify or exclude the conditions, warranties, and legal rights under the Australian Consumer Law. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Any and all other warranties or conditions not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(h) If you return Goods to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (e.g., delivery costs) of returning the Goods to us.

(i) For valid claims under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch new or repaired replacement Goods or refund you the Price of the relevant Goods. Please contact us for further information.

8. Manufacturer’s Warranty

(a) Certain Goods may include a warranty provided by the manufacturer. Details of this warranty will be provided on the packaging, inside the packaging, or on the manufacturer’s website (Manufacturer’s Warranty). If any defects arise in the Goods during the manufacturer's warranty period, the manufacturer may opt to repair, replace, or offer compensation for the defective Goods.

(b) If the Manufacturer’s Warranty applies, please contact us with details of the defect, along with any requested documentation (e.g., proof of purchase, images), and we will facilitate your claim under the Manufacturer’s Warranty. The manufacturer may require you to directly return the defective Goods to them, and any associated return costs may be your responsibility.

(c) You acknowledge that the Manufacturer’s Warranty is provided solely by the manufacturer of the Goods. We do not extend any additional warranty against defects in the Goods. To the maximum extent permitted by law, our liability for defects in the Goods is limited to the remedies available under the Australian Consumer Law.

9. Limitations

(a) Notwithstanding anything to the contrary, to the extent permitted by applicable law:

(1) Our aggregate liability arising from or in connection with the Terms (including the Goods and/or the subject matter of the Terms) shall be limited to the portion of the Price paid by you for the Goods or Services subject to the relevant claim, and shall not exceed this amount.

(2) We shall not be liable to you for any indirect, consequential, or incidental damages, including but not limited to loss of profit, loss of revenue, loss of business, loss of goodwill, or loss of opportunity, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

(b)

Despite anything to the contrary, to the maximum extent permitted by law, we shall have no liability, and you hereby release and discharge us from all liability, arising from or in connection with:

(1) Loss of or damage to the Goods, or any injury or loss to any person;

(2) Failure or delay in providing the Goods;

(3) Breach of the Terms or any applicable law, where caused or contributed to by:

(4) event or circumstance beyond our reasonable control; or

(5) Acts or omissions of you or your related parties. In any event, any defect, error, omission, or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome, or benefit) with respect to the Goods or Services.

10. Collection Notice

(a) We collect personal information about you to effectively manage your Account, facilitate communication with you, address your inquiries, and process and deliver your Orders. Additionally, we may use this information for purposes to which you have provided explicit consent.

(b) We may disclose your information to third-party service providers who assist us in providing and delivering Goods or Services to you. These may include delivery companies, inventory management software providers, IT service providers, data storage facilities, web hosting services, legal advisors, payment processing systems operators, and business partners. Such disclosures may also be made as required by law. Failure to provide this information may impact our ability to provide Goods or Services to you. In certain circumstances, your personal information may be disclosed to third parties located outside Australia.

(c) By providing your personal information to us, you acknowledge and consent to the collection, storage, use, and disclosure of your personal information in accordance with these Terms.

11. General

(a) Disputes: Neither party may initiate court proceedings related to any dispute arising from or in connection with these Terms without first attempting, in good faith, to resolve the dispute through discussion with a senior representative of the other party. This requirement does not apply if urgent interlocutory relief is sought or if the dispute concerns compliance with this clause and the Australian Consumer Law.

(b) Notices: Any notice under these Terms must be in writing and addressed to us at the details provided below or to you at the details provided during Order submission or in your Account. Notices may be sent via standard post or email. Notice by post is considered served after 48 hours, and notice by email is considered served upon transmission.

(c) Waiver: The failure or delay of either party to exercise any power or right under these Terms does not constitute a waiver of such power or right, unless expressly stated otherwise. Any waiver must be made in writing.

(d) Relationship of parties: These Terms do not create a partnership, joint venture, or agency relationship between the parties.

(e) Photographs: By providing us with photographs of the Goods, including via email or social media tagging, you consent to the publication of such photographs and associated details (including your name, location, and date) for our marketing purposes, including on our website and social media platforms, provided such publication complies with applicable privacy laws.

(f) We value feedback and complaints to improve our services. Please notify us using the contact details below, and we will endeavor to address any concerns promptly in accordance with our obligations under the Australian Consumer Law.

(g) Severance: If any provision of these Terms is found to be void, invalid, illegal, or unenforceable, it will be read down to the extent necessary for validity or enforceability. If this is not possible, the provision (or part thereof) will be severed without affecting the validity or enforceability of the remaining provisions.

(h) Assignment: You may not assign any rights or obligations under these Terms without our prior written consent.

(i) Entire agreement: These Terms constitute the entire agreement between you and us regarding their subject matter.

(j) Amendment: We reserve the right to amend these Terms at any time by publishing revised terms on the Site. It is recommended that you review the current terms before placing an order. Accepted orders are subject to the terms and conditions in effect at the time of order placement, in accordance with the requirements of the Australian Consumer Law.

(k) Governing law: These Terms are governed by the laws of New South Wales. Both parties submit to the exclusive jurisdiction of the courts in New South Wales and waive any objections to proceedings in those courts.

For any questions and notices please contact us at:

Ariyttam Pty Ltd
Email: info@astateofride.com

Last update: 01/05/2024