Terms Of Use

BIKEZAAR LIMITED
WEBSITE TERMS AND CONDITIONS OF USE (“TERMS OF USE”)

IMPORTANT LEGAL NOTICE

ATTENTION: These Terms of Use, together with our Privacy Policy and any documents or terms referred to in it, apply to the entire contents of this Site and to any correspondence by e-mail between us and you. Please read these Terms of Use carefully before using this Site.

Using this Site indicates that you accept these Terms of Use in full, regardless of whether or not you choose to register with the Site. If you do not accept these Terms of Use, do not use this Site.
This notice is issued by Bikezaar Limited.

1. Definitions and Interpretations

1.1 In these Terms of Use, the following words and expressions have the following meanings, unless inconsistent with the context:

Commercial Gain” includes: (i) using our Site as part of advertising which may result in revenue generation or personal gain; (ii) using our Site in connection with the sale of goods or services to a third party; and (iii) commericially exploiting our Site, including by copying, reproducing, distributing, publishing, transferring, licensing, selling or duplicating all or any element of our Site;

Sitewww.bikezaar.com;

we” “us” or “our” Bikezaar Limited whose registered office is at Thornton House, Cemetary Road, Shelton, Stoke on Trent, Staffordshire ST4 2DL, whose email address is [email protected]; and

you” “your” any person accessing our Site.

1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.

1.3 References to “persons” include natural persons, firms, partnerships, companies, corporations, associations and organisations, (in each case whether or not having separate legal personality).

1.4 Use of any gender includes the other gender.

1.5 Words in the singular include the plural and words in the plural include the singular.

1.6 Any reference to "writing" or any similar expression includes communications by post and email but excludes facsimile and text messages.

1.7 Condition headings do not affect the interpretation of these Terms of Use.

1.8 Any phrase introduced by the term "include", "including", "in particular" or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.

2. Introduction

2.1 You may access most areas of our Site without registering your details with us. However, certain areas of our Site may only be open to you if you register.

2.2 We may revise these Terms of Use at any time and any such changes will automatically be binding on you. You should review our Terms of Use from time to time to ensure that you are aware of any changes to our Terms of Use. Certain provisions of these Terms of Use may be superseded or supplemented by specific legal notices or terms located on particular pages of our Site.

2.3 You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and our Privacy Policy and that they comply with them.

2.4 Unless specified otherwise, the materials on this Site are directed solely at those who access the Site from within the United Kingdom. We make no representation that any products or services referred to on this Site are appropriate for use or available in other locations or languages. If you choose to access our Site from locations outside the United Kingdom, you are responsible for ensuring compliance with local laws if and to the extent that they are applicable.

3. Licence

3.1 Subject always to Conditions 3.3 and 3.5, you are permitted to print and download extracts from this Site for your own personal use on the following basis:

3.1.1 no documents or related graphics on this Site are modified in any way;

3.1.2 no graphics on this Site are used separately from accompanying text; and

3.1.3 our copyright and trade mark notices and this permission notice must appear in all copies.

3.2 Unless otherwise stated, the copyright and any other intellectual property rights in or to all material on this Site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms of Use, any use of extracts from our Site, other than in accordance with Condition 3.1, for any purpose is prohibited. If you breach any provison of these Terms of Use, your permission to use this Site will automatically terminate and you must immediately destroy any downloaded or printed extracts from our Site.

3.3 No part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

3.4 Any rights not expressly granted in these Terms of Use are reserved by us.

3.5 You must not use this Site for Commercial Gain.

4. Visitor Material and Conduct

4.1 Any form of account created on our Site to interact with Sellers reviews, product reviews, our blogs or with any message boards or discussion forums is subject to our authorisation and to you meeting reasonable standards of usage and behavior at all times. Failure by you to abide by these standards may, at our sole discretion, result in the termination of your account.

4.2 Any account name must not be offensive, defamatory, discriminatory, intended to deceive other users or promote any illegal activity. We reserve the right to decide whether an account name is acceptable or not.

4.3 Passwords, PIN codes or any other form of access code should be treated as confidential and not shared with any other person.

4.4 If you suspect your password has been discovered by a third party you should make use of the password reset function at www.bikezaar.com/customer/account/forgotpassword/ as soon as possible.

4.5 Other than information that can be used to identify you (which is covered in our Privacy Policy), any material or articles you transmit or post to our Site shall be considered non-confidential and non-proprietary. We shall have no obligations in relation to such material or articles and we and our employees, agents and sub-contractors shall be free to copy, disclose, distribute, incorporate and otherwise use such material and articles and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.6 You must only use this Site in the manner and for the purposes we intend (as communicated by any specific legal notices or terms located on particular pages of our Site) (“Intended Purposes”). We reserve the right to vary the Intended Purposes at any time by making changes to such legal notices or terms.

4.7 You are prohibited from posting or transmitting to or from our Site any material:

4.7.1 that is in any way threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory or blasphemous or which would or may breach any obligation of confidence or cause annoyance or inconvenience;

4.7.2 in respect of which you have not obtained any necessary licences and/or approvals;

4.7.3 which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to the law United Kingdom or any other country in the world or which would infringe the rights of any third party or give rise to civil liability anywhere in the world;

4.7.4 which may cause damage to our software or systems ((including, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

4.7.5 that breaches any local, national or international law or regulations;

4.7.6 that is unlawful or fraudulent, or has any unlawful or fraudulent purpose; or

4.7.7 for the purpose of harming or attempting to harm minors in any way

and you agree to indemnify us against any loss or damage that may be suffered by us as a result of the same.

4.8 You are prohibited from:

4.8.1 using the Site to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

4.8.2 carrying out any hacking or similar activity in relation to the Site; and

4.8.3 using the Site in any way which is unlawful, offensive, defamatory or discrimantory or which is intended to deceive other users or promote any illegal activity
and you agree to indemnify us against any loss or damage that may be suffered by us as a result of any such use.

4.9 You agree that you will not:

4.9.1 use any robot, spider, scraper or other automated means to access this Site for any purpose without our express written permission;

4.9.2 take any action that imposes or may, in our opinion (which shall be final) impose, an unreasonable or disproportionately large load on our infrastructure. interfere or attempt to interfere with the proper working of this Site or any activities condfucted on this Site;

4.9.3 bypass measures any we may use to prevent or restrict access to this Site; or

4.9.4 extract or re-utilise substantial parts of this Site or make systematic and repeated extractions or re-utilisations of insubstantial parts of this Site

and you agree to indemnify us against any loss or damage that may be suffered by us as a result of the same.

4.10 You acknowledge that our Site may contain third party materials and you may not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from this Site without the prior written permission of us and the appropriate third party, as applicable.

4.11 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting or transmitting any material to or from the Site or using the Site in breach of Conditions 4.7, 4.8 or 4.9 or any of the terms set out in Condition 5.

5. Message Boards / Discussion Forums

5.1 Any message boards, discussion forums, blogs, Seller and product reviews on the Site must be used in accordance with the terms or legal notices set on the relevant pages. Such terms or legal notices will include information about the kind of service offered, whether it is moderated and, if so, what form of moderation is used (including whether it is human or technical).

5.2 We will do our best to assess any possible risks for users (and in particular, for children) when using any interactive service provided on our Site and will make any decisions regarding the need to moderate any such service (including, if applicable, what kind of moderation to use), in the light of those risks. Please note, however, that we are under no legal obligation to oversee, monitor or moderate any interactive service we provide on our Site and we therefore expressly exclude our liability to you for any loss or damage you may suffer arising from your use of any such interactive service (including as a result of any third party’s use of such interactive services in contravention of these Terms of Use).

5.3 If we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5.4 Without prejudice to the foregoing and in addition to the terms set out in Condition 4, you agree to use any message boards or discussion forums in accordance with the following terms:

5.4.1 contributions must be civil and in good taste;

5.4.2 there must be no disruptive, offensive, abusive or threatening behaviour;

5.4.3 you must not post or otherwise contribute any unlawful or objectionable content, including but not limited to material which is sexist, racist, homophobic, obscene, pornographic or defamatory;

5.4.4 you must not make multiple postings;

5.4.5 you must not impersonate any other person;

5.4.6 you must not use swear words or any offensive or vulgar language;

5.4.7 you must not refer to specific website addresses without our permission; and

5.4.8 for your own safety and security, you must not reveal any personal information about yourself or anyone else (for example telephone or mobile numbers, or home addresses).

5.5 We reserve the right to delete any contribution to any message board or discussion forum on our Site at our sole discretion at any time, without notice.

5.6 If you are found to be in violation of any provision set out in this Condition 5, you may be blocked from or prohibited from using the Site or any or all of the services on it, either permanently or temporarily.

5.7 You acknowledge that we do not not endorse the content of materials submitted by any user to any message board or discussion forum on this Site.

6. Availability

6.1 Whilst we endeavour to ensure that our Site is normally available 24 hours a day, we do not guarantee such availability and shall havce no liability to you if for any reason the Site is unavailable at any time or for any period.

6.2 Without prejudice to Condition 6.1, access to our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. Links to and from other Websites

7.1 Any links to third party websites on this Site are provided solely for your convenience. If you use any links, you leave this Site. We may not have reviewed any such third party websites and will not have any control over or be responsible for such websites or their content or availability. We do not endorse or make any representations about any such third party websites or any material that may be found on any such third party websites. If you decide to access any third party websites using links on this Site, you do so entirely at your own risk.

7.2 You may link to the home page of this Site with our prior written permission so long as you do so in a manner which is fair and legal and which does not take advantage of or cause any damage to our reputation. We reserve the right to withdraw such permission at any time by giving you notice.

7.3 Your rights under Condition 7.2 are limited to linking to our home page and you are prohibited from linking to any other page. Any such link must make it clear that the Site and its content are distinct from the website containing the link.

7.4 Our Site must not be framed on any other Site.

8. Information contained on the Site

8.1 Whilst we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy or completeness of any of the material on this Site.

8.2 We may make changes to the material on or described in this Site at any time without notice.

8.3 The material on this Site may be out of date, and we make no commitment to update such material.

8.4 The material on this Site is provided "as is" and, to the maximum extent permitted by law, we hereby exclude any conditions, warranties, representations or guarantees which, but for this Condition 8.4, would be implied in relation to this Site (including without limitation, any conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

8.5 All information which is contained in the blog section of this Site does not represent our views but those of the named author only.

9. Liability

9.1 Without prejudice to any other limitations or exclusions on our liability set out in these Terms of Use, to the fullest extent permitted by law, we here by exclude all liability to you for any loss, damage, costs or expenses of whatsoever nature incurred by you in conection with your use of the Site (whether such loss, damage, costs or expenses arise as a result of any any tort (including negligence), breach of contract, breach of statutory duty or otherwise). For the purposes of this Condition 9.1, your “use” of the Site shall include any inability by you to use or access the Site or any search results (for any reason), your use of any websites linked to this Site or the material on such websites, damage resulting from any viruses on the Site or any linked third party website that infect your computer equipment, software, data or other property and/or your downloading of any material from this Site or any websites linked to this Site.Nothing in this legal notice shall exclude or limit our liability for:

9.2.1 death or personal injury caused by our negligence; or

9.2.2 fraudulent misrepresentation; or

9.2.3 any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.

9.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you will be liable for all costs incurred in connection with such servicing, repair or correction.

10. Governing Law and Jurisdiction

10.1 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of England and Wales.

10.2 The parties irrevocably agree that the courts of England will have exclusive jurisdiction over any any dispute or claim that arises out of or in connection with these Terms of Use or its subject matter.

The Site is operated by:

Bikezaar Limited whose registered office is at Thornton House, Cemetary Road, Shelton, Stoke on Trent, Staffordshire ST4 2DL;

Company Number: 10620630

VAT Number: 273247009