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Welcome to Pro Cycle Motors terms and conditions.
These conditions apply to your use of our Website and any products therein. By
accessing this Website, you agree to be bound by them.
DEFINITIONS
"Conditions"
means these terms and conditions: "Personal Information" means any personal
details provided by you via the Website; "User(s)" means (a) user(s) of the
Website either collectively or individually, as the context requires;
"We/us/our" means Pro Cycle Motors, "Website" means the website located at
http://www.pro-cycle.co.uk or any
subsequent URL which may replace it; and "You/your" means you as a user of the
Website.
1 INDEMNITY
You agree to
be fully responsible for (and fully indemnify us against) all claims, liability,
damages, losses, costs and expenses, including legal fees, suffered by us and
arising out of any breach of the Conditions by you or any other liabilities
arising out of your use of the Website, or products therein, or the use by any
other person accessing the Website using your PC or internet access account, or
the products therein.
2 OUR RIGHTS
We reserve
the right to:
modify or withdraw, temporarily or permanently, the Website
(or any part thereof) with or without notice to you and you confirm that we
shall not be liable to you or any third party for any modification to or
withdrawal of the Website; and/or the products therein, and/or change these
Conditions from time to time, and your continued use of the Website (or any part
thereof) following such change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine whether the
Conditions have been changed. If you do not agree to any change to the
Conditions then you must immediately stop using the Website.
3 THIRD PARTY LINKS
In
an attempt to provide increased value to our Users, we may provide links to
other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do not
endorse and are not responsible or liable, directly or indirectly, for the
privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such content, goods or
services available on such external sites or resources.
4 MONITORING
We have the
right, but not the obligation, to monitor any activity and content associated
with the Website. We may investigate any reported violation of these Conditions
or complaints and take any action that we deem appropriate (which may include,
but is not limited to, issuing warnings, suspending, terminating or attaching
conditions to your access and/or removing any materials from the Website).
5 YOUR DATA
We respect
your personal information and undertake to comply with applicable UK Data
Protection legislation from time to time in place. You should be aware that: if
we are requested by the police or any regulatory or government authority
investigating suspected illegal activities, or upon receipt of a court order, to
provide your Personal Information and/or information concerning your activities
whilst using the Website we shall do so; and We reserve the right in our
reasonable discretion to disclose details of your use of the Website in relation
to any, or any threatened, Court Proceedings in connection with your use, or the
use of anyone under your control, of the Website whether in connection with the
matters set out in these Conditions or otherwise. Please view our Privacy
Policy, which forms part of these Conditions.
6 INTELLECTUAL PROPERTY AND RIGHT TO
USE
You acknowledge and agree that all copyright, trademarks and all
other intellectual property rights in all material or content supplied as part
of the Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised by us. The Website
is Copyright of Timing Ltd. All rights reserved.
7 NOTICES
You may send
us notices under or in connection with these Conditions: By email to: info@Pro-Cycle.co.uk. Proof of sending
does not guarantee our receipt of your notice, you must ensure that you have
received an acknowledgement from us, which will be sent within 5 working days of
our receipt and should be retained by you.
8 LIMITATION OF
LIABILITY
WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE
ACCURACY OF ANY INFORMATION WE PLACE ON OUR WEBSITE, WE MAKE NO WARRANTIES,
WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. The Website is provided
on an "as is" and "as available" basis without any representation or
endorsement. Unless specified in separate terms and conditions related to a
particular product or service, we make no warranties of any kind, whether
express or implied, in relation to the Website, or products or services offered
on the Website whether by us or on our behalf including but not limited to,
implied warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, condition or completeness,
or any implied warranty arising from course of dealing or usage or trade. Unless
specified in separate terms and conditions related to a particular product or
service, we make no warranty that the Website or products or services offered on
the Website whether by us or on our behalf will meet your requirements or will
be uninterrupted, timely, secure or error-free, that defects will be corrected,
or that the Website or the server that makes it available or products or
services offered on the Website whether by us or on our behalf are accurate, or
reliable. We will not be responsible or liable to you for any loss of content or
material as a result of your visit to or purchase from our Website.
Notwithstanding any other provision in the Conditions, nothing shall limit your
rights as a consumer under United Kingdom law. You acknowledge that we cannot
guarantee and therefore shall not be in any way responsible for the security or
privacy of the Website and any information provided to or taken from the Website
by you. We will not be liable in contract, tort or otherwise if you incur loss
or damage connecting to the Website through a third party`s hyper-text link. We
will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with the Website or
products or services offered on the Website whether by us or on our behalf for
any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings); or any loss of goodwill or
reputation; or any special or indirect or consequential losses; in any case
whether or not such losses were within the contemplation of either of us at the
date on which the event giving rise to the loss occurred. Nothing in the
Conditions shall exclude or limit our liability for death or personal injury
resulting from our negligence or that of our servants, agents or employees, or
products supplied.
9 SEVERANCE
If any part
of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
10 WAIVER
Nothing shall
be construed as a waiver by us of any preceding or succeeding breach of any
provision.
11 SURVIVAL
Each
provision of these Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
12 ENTIRE
AGREEMENT
These Conditions (as amended from time to time) contain
the entire agreement between you and us relating to the subject matter covered
and supersede any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral
explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these Conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has not
become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
13 LAW
The Conditions
will be exclusively governed by and construed in accordance with the laws of
United Kingdom whose Courts will have exclusive jurisdiction in any dispute,
save that we have the right, at our sole discretion, to commence and pursue
proceedings in alternative
jurisdictions.
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