Terms of Service

Effective Date: 25 April 2025

OzMoto Bikers Market — ABN: 32 831 448 245

These Terms govern your use of the OzMoto platform. Please read them carefully.

1. Acceptance of Terms

By accessing or using OzMoto Bikers Market ("OzMoto", "the Platform", "the Service", "we", "us", "our"), operated by OzMoto Bikers Market, you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines or rules applicable to specific features.

If you do not agree to these Terms in full, you must not access or use the Platform. These Terms constitute a legally binding agreement between you and OzMoto Bikers Market under the laws of Queensland, Australia.

2. Eligibility

  • You must be at least 18 years of age to create an account or use the Platform.
  • You must be an Australian resident or have a valid Australian address to list a vehicle or part for sale.
  • By using the Platform you warrant that you have the legal capacity to enter into binding contracts under Australian law.
  • OzMoto reserves the right to refuse registration or service to any person at its sole discretion.

3. Description of Service

OzMoto Bikers Market is an online marketplace that facilitates the buying and selling of motorcycles, motorcycle parts, accessories, and related items between registered users in Australia. We provide:

  • Motorcycle, e-bike, parts, and accessory listing and browsing services
  • Auction functionality for motorcycle sales
  • User communication and messaging features
  • Search, filtering, and saved-search alert capabilities
  • Premium subscription services for enhanced features and priority placement
  • Community events and networking features
  • Identity and auction verification services
  • Content Hub for rider articles, videos, and reviews

OzMoto is a marketplace intermediary only. We are not a party to any transaction between buyers and sellers, and we do not buy, sell, inspect, or guarantee any listed item.

4. Account Registration and Security

You must register an account to access most features of the Platform. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password confidential and not share it with any third party
  • Notify us immediately of any unauthorised use of your account
  • Accept responsibility for all activities occurring under your account
  • Not create multiple accounts or impersonate any person or entity

OzMoto will not be liable for any loss resulting from unauthorised use of your account where you have failed to take reasonable precautions to protect your login credentials.

5. User Responsibilities and Conduct

5.1 Accurate Information

All information provided in listings and communications must be accurate, complete, and not misleading. Misrepresentation of items, including their condition, history, or ownership status, is strictly prohibited and may constitute an offence under Australian Consumer Law.

5.2 Legal Compliance

Users must comply with all applicable Australian laws and regulations, including but not limited to:

  • Competition and Consumer Act 2010 (Cth) and Australian Consumer Law
  • Privacy Act 1988 (Cth) and Australian Privacy Principles
  • Spam Act 2003 (Cth)
  • State and Territory road vehicle registration and transfer laws
  • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
  • Taxation obligations including GST where applicable
  • Relevant Australian Standards for vehicle safety and modifications

5.3 Prohibited Conduct

You must not:

  • Post false, misleading, or deceptive listings or content
  • Engage in fraudulent, harassing, or abusive behaviour towards other users
  • Circumvent, disable, or interfere with the security features of the Platform
  • Use automated tools, bots, or scripts to scrape, crawl, or extract data
  • Attempt to gain unauthorised access to any part of the Platform
  • Use the Platform to conduct money laundering or other illegal financial activities
  • Impersonate OzMoto staff or any other user
  • Solicit users to conduct transactions outside the Platform to avoid fees
  • Post spam, unsolicited commercial messages, or chain letters
  • Use the Platform in any way that may cause harm to minors

6. Listing Guidelines and Prohibited Items

6.1 Prohibited Items

  • Stolen or illegally obtained motorcycles, parts, or accessories
  • Items that do not comply with Australian Design Rules (ADR) safety standards
  • Counterfeit, replica, or pirated items misrepresented as genuine
  • Items that have had VIN/engine numbers removed, altered, or defaced
  • Vehicles subject to outstanding finance without disclosure
  • Items intended for use in illegal modifications or street racing
  • Dangerous goods requiring special handling without proper labelling

6.2 Listing Accuracy Requirements

  • All photos must accurately represent the item's current condition
  • Watermarked photos taken from other websites are not permitted
  • Disclosed faults, damage, or modifications must be clearly described
  • Odometer readings must be accurate and not tampered with
  • Registration status must be clearly stated
  • Any outstanding finance or encumbrances must be disclosed

6.3 Listing Duration and Renewal

Free listings are active for 30 days. Premium subscribers enjoy extended listing periods as per their subscription plan. OzMoto reserves the right to remove any listing at any time without prior notice if it violates these Terms or applicable laws.

7. Transactions, Payments, and Buyer/Seller Obligations

OzMoto acts solely as a platform facilitator. All sales and purchases are conducted directly between buyers and sellers. OzMoto is not a party to any transaction, does not hold funds on behalf of buyers or sellers (except where expressly stated for auction services), and is not responsible for the completion of any transaction.

7.1 Seller Obligations

  • Sellers are solely responsible for the accuracy of their listings
  • Sellers must hold clear title to listed items unless stated otherwise
  • Sellers must comply with all applicable State/Territory transfer of ownership laws
  • Business sellers may have additional obligations under Australian Consumer Law including providing consumer guarantees
  • Sellers must provide a valid tax invoice if they are conducting business sales

7.2 Buyer Obligations

  • Buyers are responsible for conducting due diligence before purchasing
  • Always inspect items in person before completing a purchase where possible
  • Conduct PPSR (Personal Property Securities Register) searches to check for encumbrances
  • Verify ownership documents, registration papers, and service history
  • Use secure, traceable payment methods (avoid cash for high-value transactions)
  • Report suspicious activity or listings to OzMoto immediately

7.3 Transaction Safety

OzMoto strongly recommends all users exercise caution and conduct PPSR checks before purchasing any motor vehicle. For vehicle history checks, we recommend using services such as PPSR.gov.au.

8. Auction Services

Auction functionality on OzMoto is subject to additional terms and conditions specific to each auction listing. By participating in an auction, you agree to:

  • Complete identity verification before bidding (as required by OzMoto)
  • Be legally bound by a winning bid — all bids are final and binding
  • Complete the purchase if your bid is the winning bid and the reserve price has been met
  • Understand that auction fees may apply to both buyers and sellers
  • Accept that OzMoto's auction verification requirements exist to protect all parties

Failure to complete a winning auction purchase may result in account suspension and potential legal action for breach of contract.

9. Premium Subscriptions and Billing

Premium subscription services are available to enhance features, listing visibility, and priority placement.

9.1 Billing and Auto-Renewal

  • Subscriptions automatically renew at the end of each billing cycle unless cancelled
  • You will be charged the subscription fee to your nominated payment method on the renewal date
  • Prices are displayed in Australian Dollars (AUD) and are inclusive of GST where applicable
  • We will provide notice of any price changes at least 30 days before they take effect

9.2 Cancellation and Refunds

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of the current billing period
  • Refunds for unused subscription periods are not provided unless required by Australian Consumer Law
  • Under Australian Consumer Law, you may be entitled to a refund if the service has a major failure
  • Trial periods, where offered, will convert to paid subscriptions unless cancelled before the trial ends

9.3 Service Changes

OzMoto reserves the right to modify premium features. Where changes materially reduce the value of your subscription, you will be notified and offered the option to cancel without penalty.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Platform, you consent to our data practices as described in the Privacy Policy.

11. Intellectual Property

All content on the OzMoto Platform, including but not limited to logos, trademarks, trade names, software, text, graphics, images, videos, and data compilations, is the property of OzMoto Bikers Market or its licensors and is protected by Australian and international intellectual property laws.

Users retain ownership of content they submit (listings, photos, reviews) but grant OzMoto a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, adapt, publish, translate, and display such content for the purposes of operating and promoting the Platform.

You warrant that any content you submit does not infringe the intellectual property rights of any third party.

12. Content Standards and Moderation

All content submitted to OzMoto must comply with these Terms. OzMoto reserves the right (but not the obligation) to review, edit, or remove any content at its sole discretion. Content that is defamatory, offensive, illegal, or in breach of these Terms will be removed without notice.

OzMoto is not responsible for the accuracy or legality of user-generated content. Users are solely responsible for the content they post.

13. Disclaimers and Limitation of Liability

To the maximum extent permitted by law, OzMoto provides the Platform on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

OzMoto does not warrant that:

  • The Platform will be uninterrupted, error-free, or secure
  • Any information on the Platform is accurate, complete, or current
  • The Platform will meet your specific requirements

OzMoto is not responsible for:

  • The accuracy of user-generated listings or content
  • The condition, title, or legality of any item listed
  • Disputes arising between buyers and sellers
  • Technical issues, data loss, or service interruptions
  • Loss or damage resulting from reliance on Platform content

Consumer Guarantees: Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded. To the extent permitted by law, our liability for breach of any consumer guarantee is limited to re-supplying the service or payment of the cost of re-supply.

To the maximum extent permitted by law, OzMoto's total aggregate liability to you for all claims arising out of or in connection with the Platform shall not exceed the total fees paid by you to OzMoto in the 12 months preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless OzMoto Bikers Market, its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms, your use of the Platform, or your violation of any applicable law or regulation.

15. Third-Party Links and Services

The Platform may contain links to third-party websites or services. OzMoto is not responsible for the content, privacy practices, or terms of any third-party sites. We encourage you to review the privacy policies and terms of any third-party services you visit. Your dealings with third parties through or via the Platform are solely between you and that third party.

16. Termination and Suspension

OzMoto reserves the right, at its sole discretion, to suspend or permanently terminate your account and access to the Platform at any time and without prior notice if you:

  • Violate any provision of these Terms
  • Engage in fraudulent or deceptive activity
  • Compromise the safety, security, or integrity of the Platform
  • Are the subject of a law enforcement request
  • Engage in conduct that is harmful to other users or OzMoto

Upon termination, your right to use the Platform ceases immediately. You may also terminate your account at any time by requesting account deletion through your Profile settings or by contacting support.

17. Dispute Resolution

17.1 User-to-User Disputes

OzMoto encourages users to resolve disputes amicably between themselves. We provide a dispute reporting mechanism on the Platform to assist in the process, but we are not obligated to resolve user-to-user disputes.

17.2 Disputes with OzMoto

If you have a dispute with OzMoto, please contact us first via our Contact Page to attempt resolution in good faith. If unresolved after 30 days, disputes shall be resolved by binding arbitration or litigation in the courts of Queensland, Australia, in accordance with the laws of Queensland.

17.3 External Bodies

You may also lodge a complaint with the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au or your State/Territory Fair Trading office.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, for any dispute arising out of or in connection with these Terms or the Platform, without limiting any rights you may have under the Australian Consumer Law.

19. Spam Act Compliance

OzMoto complies with the Spam Act 2003 (Cth). We will only send you commercial electronic messages with your consent, and all marketing communications will include a clear and easy unsubscribe mechanism. Users of the Platform must not use the messaging or communication features to send unsolicited commercial messages to other users.

20. Anti-Money Laundering and Fraud Prevention

OzMoto is committed to preventing fraud and money laundering on the Platform. We comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) where applicable. We reserve the right to report suspicious transactions or activity to the Australian Transaction Reports and Analysis Centre (AUSTRAC) or other relevant authorities. Users must not use the Platform to facilitate money laundering, terrorist financing, or any other illegal financial activity.

21. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other legislation that cannot lawfully be excluded or limited. If you are a consumer under the Australian Consumer Law, you have rights that are not affected by these Terms. For more information about your rights, visit the Australian Competition and Consumer Commission at www.accc.gov.au.

22. Changes to Terms

OzMoto reserves the right to modify these Terms at any time. Where changes are material, we will notify you via email or platform notification at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may request account deletion.

23. General Provisions

Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and OzMoto with respect to the Platform.

No Waiver: OzMoto's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign your rights or obligations under these Terms without OzMoto's prior written consent. OzMoto may assign its rights and obligations without restriction.

24. Contact Information

For questions, concerns, or complaints about these Terms of Service, please contact us:

OzMoto Bikers Market

ABN: 32 831 448 245

Email:admin_ozmo@ozmoto.au

Phone: 1300 163 189

Business Hours: Monday to Friday, 9:00 AM – 5:00 PM AEST

Note: These Terms of Service are provided for general guidance. OzMoto recommends seeking independent legal advice regarding your specific circumstances. These Terms have been drafted with reference to Australian law but do not constitute legal advice.

© 2025 OzMoto Bikers Market. These Terms of Service are effective as of 25 April 2025.

Governed by the laws of Queensland, Australia. All rights reserved.