SoManyBikes.com - User Terms & Conditions
"Website" means SoManyBikes.com
"You" means you, the person(s) who uses our website and services.
"We" or "us" means Carbay Ltd, whose trading address is Grape Mill, Holden Fold Land, Royton, OL25LW, a company registered in England & Wales, company number 5509357. "Associate" means any third party, whether person or organisation, with whom we are associated in any way. This will include associates who can provide services and products to you, advertisers whose websites and marketing materials we appear on and any person or organisation that has a link to or with our website.
1 ABIDE BY TERMS
By using the website you confirm that you are aged 18 or over, are a resident of the United Kingdom and that you have read and understood and agree to be bound by these terms and conditions. Where you are using the website on behalf of an organisation you confirm that you have the legal right to do so and that the organisation agrees to and permits the use of the website generally.
2 OUR SUPPLY OF WEBSITE
(1) whilst we will use our reasonable endeavours to supply the website and its content, we are not responsible for any failure to provide the website or any services or any unavailability. The website is available on an "as is" and "when available" basis.
(2) We cannot guarantee that the services will be uninterrupted, secure or error-free. We make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the website nor in respect of any e-mail or document which we provide. We are not responsible for any loss or damage whatsoever caused or resulting from the use or a failure to provide the website or for any virus or defect as a result of any e-mail or document we send.
(3) Any right to use the website is at our sole and absolute discretion. We specifically reserve the right to choose users, including choice by invitation only, and our decisions are absolute.
3 WEBSITE USE
(1) Full use and contents of the website may only be available to users who register with us.
(2) Unless you have our prior written permission otherwise, use of the website is for private, non-commercial purposes.
(3) We have made every effort to ensure that any products are displayed as accurately as possible but cannot be responsible for variations. What you see depends on your monitor and settings and we cannot guarantee this will be accurate
(4) Any advertisement, opinion, statement, recommendation, information, posts, any links to any websites or information or anything whatsoever will not form a recommendation, guarantee or warranty and you agree that we have no liability in this regard.
(5) When you click on links you will be forwarded to third party websites, including those of associates. We have no control or responsibility regarding third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreements. You specifically confirm that we cannot be held liable in this regard.
(6) To the extent that the law allows, without limitation, all implied warranties, conditions or other terms are excluded. You hold us absolutely free of all liability and responsibility for any actions, results or adverse situations created as a direct or indirect result of anything shown or available through the website.
4 YOUR USE
(1) You agree that you will solely be responsible for your use of the website and that you will use the website legally and only for the purposes that it is intended to be used. This includes not using the website fraudulently, nor using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program.
(2) Furthermore you agree that you will not misuse the services in any way, and specifically, although not exclusively, you will abide by any laws applicable to these terms and conditions and website use or the operation of it.
(3) When you supply us with information you must ensure that it is accurate, valid and current and is free from viruses, spyware, malicious software, Trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the website or the websites of third parties or any other technology.
5 COPYRIGHT & INTELLECTUAL PROPERTY
(1) The website and all the basic content (including text, images, marks and logos), with the exception of advertisements and anything on licence from copyright holders, is subject to copyright which belongs to us. This means that users have a licence to simply use the website but this does not convey any rights of ownership to you nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between us.
(2) Specifically, all users agree that without our express written agreement specifically for that user, they will not breach any copyright in respect of information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically includes that you will not adapt, interfere with, copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet "links" to the service or "frame" or "mirror" the website or any part or content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to the website.
6 LIABILITY DISCLAIMER
To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision or uses of the website or these terms and conditions.
7 DATA PROTECTION & INFORMATION
8 QUERIES / COMPLAINTS & NOTICES
(1) we aim to respond to any queries within 14 working days.
(2) Any other complaints must be addressed in writing to us at our address as provided within the section headed definitions above.
(3) If any complaint may amount to a breach of any term of these terms and conditions then you must allow us at least 30 days to remedy that breach.
(4) Any notices, including notices at clause 8(2) above to which you have not received an acknowledgment within 7 working days, must be in writing to our address as provided within the section headed definitions above using Royal Mail Special Delivery and will be deemed to have been received on the 7th day after posting.
9 CANCELLATION & SUSPENSION
(1) Without limiting any other remedies, we may suspend or terminate your use and/or registration at our absolute discretion, either with or without notice, particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this user agreement.
(2) We reserve the right to cancel, suspend, take down, delete or otherwise remove the website or any part of it.
(3) If we do not immediately act on any breach you should not assume that we have waived any rights as to enforceability or to seek redress, unless you have our express written agreement.
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
(1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our website.
These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.