1. Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site’s Privacy policy, which is incorporated within these Terms of use by reference.

2. The site editor’s service

This web site and the services provided to you on and via this web site are provided on an “AS IS” basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of Use, including any amendments made by the site editor that are published herein.

4. Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of our Privacy Policy.

5. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.

6. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent;
(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of content on this web site

By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section 7;
(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

9. Indemnification

You agree to indemnify and hold harmless the site editor and the site editor’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

12. Reservation of rights

The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the site editor’s prior written consent.

13. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor’s copyright agent may be contacted via:

Email: info@attaquercycling.com

14. Applicable law

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor’s domicile, and that any disputes will be heard by the said courts.

15. Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The site editor may assign the site editor’s rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.

Description of goods and services

Attaquer Pty Ltd sells and distributes high-quality cycling clothing and accessories.

Shipping practices and delivery policy

We want you to enjoy your Attaquer goods as soon as possible after placing your order.

Please visit here to view information related to shipping.

Returns policy

Please visit here to view our returns policy.

Data Processing Amendment

Introduction to this Amendment

Processing personal data in a secure, fair, and transparent way is extremely important to us at Attaquer. As part of this effort, we process personal data in accordance with the EU’s General Data Protection Regulation (“GDPR”), the EU/US Privacy Shield principles (“Privacy Shield”), the laws of Australia governing the handling of various types of personal data, and industry standards, such as PCI.

To better protect individuals’ personal data, we are providing these terms to govern Attaquer’s and your handling of personal data (the “Data Processing Amendment” or “DPA”). This DPA amends and supplements your Terms of Use (“ToU”) and requires no further action on your part.

If you do not agree to this DPA, you may discontinue the use of the Attaquer’s services and cancel your account (if you have created one).

Definitions

It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal; therefore, the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.

“Attaquer”, “we”, “us”, or “our” refers to the provider of the Attaquer website, products and services. “You” or “Customer” refers to the individual, company or organisation that uses the Attaquer website, orders Attaquer products, signs up for an account on the Attaquer website or to our mailing lists.

“Party” refers to Attaquer and/or the customer depending on the context.

“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel’s rights are protected.

“Data Subjects” refers to those individuals residing in the EU who are consumers or users of Attaquer’s goods or services (also “consumers”), as well as any personnel who reside in the EU.

“Personal Data” is given the same meaning as in the GDPR which we summarise here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymised, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.

“Processing” is given the same meaning as in the GDPR, which we summarise as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data (“Process” and “Processed” shall have similar meanings).

“Controller” is given the same meaning as in the GDPR, which we summarise as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.

“Processor” is the party that processes personal data on behalf of the controller – Attaquer is the processor of the personal data we process about you.

“Sub-processor” is a Third-party, independent contractors, vendors and suppliers who provide specific services and products related to the Attaquer website and our services, such as hosting, credit card processing and fraud screening, and mailing list hosting ("third-party" or "outside contractor" shall have similar meanings).

“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.

For the sake of readability, we do not use initial capitalisation of defined terms in this DPA. Defined terms are defined terms, irrespective of their format.

1. Undertakings regarding personal data

Each party agrees that personal data shall be treated as confidential information under this DPA. In addition, each party shall at all times comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.

Personal Data shall remain the property of the disclosing party. Attaquer acknowledges that it is the controller and maintains control over data subject’s personal data.

Attaquer will process customer’s personal data only to the extent strictly necessary for the purpose of providing the services in accordance with the ToS and any further written instructions from the customer that are mutually agreed upon in writing. Attaquer agrees that:

• it will implement and maintain a reasonable and appropriate security program comprising adequate security, technical and organisational measures to protect against unauthorised, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data;
• it will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on Attaquer’s behalf unless the third party is bound to similar confidentiality and data handling provisions;
• only its personnel who “need-to-know” will be given access to customer personal data to the extent necessary to perform its obligations under the ToS. It shall provide adequate training to its staff and ensure that they comply with the obligations in this DPA; and
• it will only process customer personal data to the extent necessary to perform its obligations under the ToS, upon written instructions of the customer (only as mutually agreed upon), and in accordance with applicable laws. Upon termination of your account Attaquer will delete, destroy, or anonymise the personal data in accordance with our standard backup and retention policy per the ToS, normally, no later than 60 days, unless we are required to retain personal data due to Australian State or Federal laws; in which case Attaquer reserves the right to retain personal data.

The parties acknowledge that customer may from time to time be in possession of personal data relating to Attaquer’s personnel. Attaquer warrants that it has provided all necessary notifications and obtained all necessary consents, authorizations, approvals and/or agreements as required under any applicable law in order to enable: (i) the disclosure of Attaquer’s personal data to customer; and (ii) further processing of such Attaquer personal data by customer.

2. Customer undertakings and Attaquer’s assistance

Customer warrants that it has all necessary rights to provide to Attaquer the personal data for processing in connection with the provision of Attaquer’s services.

Attaquer shall assist the customer by implementing appropriate technical and organisational measures, insofar as this is reasonably and commercially possible (in Attaquer’s sole determination and discretion), in fulfilling customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.

As stated in our Privacy Policy, the customer consents to Attaquer engaging sub-processors to process customer personal data for the permitted purpose of providing products and services for which we contracted provided that: (a) Attaquer will maintain an up-to-date list of its sub-processors, which it will update with the details of any change in sub-processors at least 10 days prior to any change; and (b) Attaquer will impose data protection terms on any sub-processor it engages with as required to protect customer’s personal data to the standard required by the GDPR. Customer may object to Attaquer’s appointment or replacement, provided such objection is based on reasonable grounds related to data protection. In such event, Attaquer will either not appoint or replace the sub-processor or if that is not possible, customer may suspend or terminate the Attaquer service. Upon written request, Attaquer shall make available to the customer information reasonably necessary to demonstrate compliance with its obligations under this DPA.

3. Incident Management

When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.

Both parties shall at all times have in place written procedures which enable them to promptly respond to the other about an incident. Where the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other without undue delay of having become aware of such an incident.

Any notifications made under this section shall be made to info@attaquercycling.com (when made to Attaquer) and to our point of contact with you (when made to the customer), and shall contain:(i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals concerned and the categories and approximate number of records concerned; (ii) the name and contact details of the point of contact where more information can be obtained; (iii) a description of the likely consequences of the incident; and (iv) a description of the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects.

4. Liability and Indemnity

Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.

5. Duration and Termination

This DPA shall come into effect on May 25, 2018 and shall continue until it is changed or terminated in accordance with the ToU.

Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.

Cookie Policy

If your browser is configured to accept cookies, we may collect non-personally identifiable information passively using "cookies".

What's a cookie?

"Cookies" are small text files that can be placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on Attaquer’s and other websites.

Does Attaquer use cookies, and why?

Yes. We use cookies to personalise your experience on Attaquer’s websites. We do this for a number of reasons including dynamically generating content on webpages specifically designed for you, to assist you when using the websites (such as saving time by not having to reenter your name each time you checkout), to allow us to statistically monitor how you are using our websites so that we can improve our offerings, and to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.

Please be aware that this cookie policy does not govern the use of third-party websites or services or providers of third-party services.

Do I have to accept them?

You do not have to accept cookies to use Attaquer’s websites. If you reject cookies, certain features or resources of Attaquer’s websites may not work properly or at all and you may have a degraded experience.

Although most browsers are initially set to accept cookies, you can change your browser settings to notify you when you receive a cookie or to reject cookies generally. To learn more about how to control privacy settings and cookie management, click the link for your browser below.

• Firefox
• Chrome
• Internet Explorer
• Safari

To learn more about cookies; how to control, disable or delete them, please visit http://www.aboutcookies.org. Some third party advertising networks, like Google, allow you to opt out of or customise preferences associated with your internet browsing. For more information on how Google lets you customise these preferences, see their documentation.

Sub-processors