Terms & Conditions
ADVERTISING TERMS AND CONDITIONS
This agreement applies as between you, the User of this Website and Web Bikes Limited, the owner of this Website. Your agreement to comply with and be bound by Clauses 1 – 18 of these Terms and Conditions is deemed to occur upon your first use of the Website. Certain parts of Clauses 8 and 9 apply only to payments and contracts for Premium Ads. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
This Website, www.webbikes.co.uk, is owned and operated by Web Bikes, the trading name of Web Bikes Limited, a limited company registered in England and Wales with registered company number 10345164, whose registered address is 20-22 Wenlock Road, London, England, N1 7GU.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” - means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create Ads;
“Ad” - means an advertisement posted on the Website by an Advertiser which shall provide details of the item or service offered by the Advertiser;
“Ad Fee” - means the fee payable to post an Ad;
“Advertiser” - means a User that wishes to or has placed an Ad on the Website;
“Content” - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Free Ad” - means an Ad for which no Ad Fee is payable;
“Premium Ad” - means an Ad for which an Ad Fee is payable;
“Service” - means collectively any online facilities, tools, services or information that Web Bikes Limited makes available through the Website either now or in the future;
“System” - means any online communications infrastructure that Web Bikes Limited makes available through the Website either now or in the future. This includes, but is not limited to, Ads, email addresses and online forms;
“User/Users/You” - means any third party that accesses the Website and is not employed by Web Bikes Limited and acting in the course of their employment;
“Website” - means the website that you are currently using (www.webbikes.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“We/Us/Our” - means Web Bikes Limited, a limited company registered in England and Wales with registered company number 10345164.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Ads, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, is the property of Web Bikes Limited or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
2.2 In respect of any Content, which you supply to Us, you grant us a non-exclusive, irrevocable, perpetual and royalty free license to use such Content for any purpose.
2.3 Copying or distribution of material on the Website for any commercial or business use is strictly forbidden. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:
2.3.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
3. Third Party Intellectual Property
3.1 The intellectual property rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties.
3.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Web Bikes Limited or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so, but strictly only on the basis that you do not replicate any pages of the Website. Deep linking (i.e. links to specific pages within the site) or the use any logos or trade marks displayed on the Website requires Our express written permission. To find out more please contact Us via the contact form available at “Contact Us” on our site.
7. Advertising on the Website
7.1 When submitting an Ad to the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 Your Ad must not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 Your Ad must not contain Content that is intended to promote or incite nudity, pornography, violence, attacks on individuals or groups, drug use or danger;
7.1.4 Your Ad should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with Ads posted by other Advertisers;
7.1.5 Ads must be made using English language. Content in any other language may be removed at our sole discretion;
7.1.6 Pictures submitted for inclusion on your ads must not contain individuals that can be personally identified;
7.1.7 Pictures should only show one vehicle;
7.1.8 Your Ad may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
7.1.9 Items or services of the following types may not be advertised:
7.1.7 Pictures should only show one vehicle;
7.1.8 Your Ad may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
7.1.9 Items or services of the following types may not be advertised:
7.1.9.1 Any motor vehicle not considered a motorcycle or a motorcycle derivative;
7.1.9.2 Any item which does not fit into any of the selling categories available in the Website;
7.1.9.3 Any kind of services.
7.1.10 You must not post links to other Websites containing any of the above types of Content;
7.1.11 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.12 Your Ad must be placed into the appropriate category;
7.1.13 You must not impersonate other people or businesses;
7.1.14 You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.1.15 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Web Bikes may screen, approve (or reject) Ads submitted to the Website, and that as a result of such screening, We may edit and/or remove Ads from Website. Whenever applicable, we aim to review and approve your Ad within 12 hours when posted on weekdays, and 24 hours when posted on weekends.
7.3 Web Bikes may edit your Ad to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Ad may be removed and your Account may be suspended or terminated. You may be informed in writing of the reasons for any such alterations or removals.
7.4 In order to post an Ad, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1 any information you submit is accurate and truthful; and
7.4.2 you will keep this information accurate and up-to-date.
7.5 By posting an Ad you warrant and represent that you are the author of that Ad or that you have acquired all of the appropriate rights and / or permissions to submit it. We accept no responsibility or liability for any infringement of third party rights by such Ads or Content. Further, you waive all moral rights in the Ad to be named as its author and grant Web Bikes a perpetual licence to modify the Content as necessary for its inclusion on the Website and social media such as Twitter and FaceBook.
7.6 Web Bikes will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Ads, nor for any errors or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.
7.7 Nothing in these Terms and Conditions shall grant Web Bikes any rights in or to any trade marks or any other intellectual property rights contained within your Ad or any part of it save for the right to display the same on the Website as part of your Ad until it is removed from the Website.
7.8 You acknowledge that We may retain copies of any and all communications, information, Content and Ads sent to Us or submitted to the Website.
8. Accounts and Ad Fees
8.1 In order to post an Ad on this Website you must create an Account (free), which will contain certain personal details. By creating an Account you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by Web Bikes. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties. Your are responsible for keeping your Account information safe, including but not limited to, your login email and password details. Web Bikes will not be liable to you if you fail to keep your login email and password safe.
8.3 Free Ads do not require the payment of an Ad Fee. Free Ads may be available for a limited time only and/or in limited quantities per account.
8.4 An Ad Fee will be charged for each Premium Ad you post on this Website. The cost of an Ad Fee depends on the advertising package you select when placing an Ad, and on the account type that you hold (Private or Trader). All prices are quoted on Web Bikes.
8.5 Web Bikes offers two different account types: Private and Trader.
8.5.1 Private accounts are for private sellers only.
8.5.2 Trader accounts are for business sellers only. If you are a trader acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are a trader. Trade sellers are not allowed to place any Ad as private Ad and/or otherwise give the impression off as a private seller.
8.6 Web Bikes reserve the right to change Ad Fees from time to time and for any reason, and such changes will not affect any Ads placed before the issue of the new Ad Fees.
8.7 Multiple Ads are permitted for each Account. Each new Premium Ad will incur a new Ad Fee. Discounts are available for multiple Ads as detailed when submitting the Ads.
8.8 No part of the Website constitutes a contractual offer capable of acceptance. Our provision of the Website and its constituent facilities constitutes a service and by posting and paying for a Premium Ad, you are making an order for that service that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a confirmation email. Only once We have sent you a confirmation email will there be a binding contract between Web Bikes and you.
8.9 Confirmation emails under sub-Clause 8.8 will be sent to you immediately upon your posting of, and payment for, a Premium Ad (subjected to sub-Clause 7.2 whenever applicable) and shall contain the following information:
8.9.1 Confirmation of the Premium Ad including full details of the main characteristics of the service and the facilities available to you in connection with Premium Ads;
8.9.2 Fully itemised pricing for your Premium Ad including, where appropriate, taxes and any other additional charges;
8.9.3 The applicable times and dates for your Premium Ad;
8.9.4 A confirmation of your express request that the service (that is, the posting of your Premium Ad) begins immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 8.10; and
8.10 Premium Ads are posted and made visible immediately upon Our confirmation under sub-Clause 8.8. By completing the posting and payment process, you expressly acknowledge that you wish the Premium Ad to be available immediately. You also expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Web Bikes Limited as detailed below in sub-Clause 8.11.
8.11 If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once your contract with a relevant trader is formed (as explained, in this case, in sub-Clause 8.8) and ends at the end of 14 calendar days after that date. Under normal circumstances, Premium Ads are made available immediately upon Our confirmation under sub-Clause 8.8. As set out in sub-Clause 8.9, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
8.12 You may cancel and remove your Premium Ad at any time after posting and paying for it and you will not be rebilled for it. We cannot provide any refunds for cancelled Premium Ads once they have been posted on the Website, unless you cancel due to our breach of the contract.
8.13 If you terminate an Ad and/or your Account, your Ad(s) will be removed immediately and you will not be rebilled for either the cancelled Ad or all of your Ads, as appropriate.
8.14 Ads, which Web Bikes rejects in accordance with sub-Clause 7.2, shall not be charged for.
9. Termination and/or Suspension
In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Web Bikes reserves the right to suspend or terminate your access to the Service. No refunds will be issued for Premium Ads removed for violation of any part of these Terms and Conditions. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
10. Privacy
10.1 Use of the Website is also governed by Our Privacy Policy, which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
10.2 The Website places Cookies onto your computer or device. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Cookies Policy. By accepting these Terms and Conditions, you are giving consent to Web Bikes to place cookies on your computer or device. Please read the information contained in the Privacy Policy and Cookies Policy prior to acceptance.
10.3 If you wish to opt-out of Our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
10.2 The Website places Cookies onto your computer or device. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Cookies Policy. By accepting these Terms and Conditions, you are giving consent to Web Bikes to place cookies on your computer or device. Please read the information contained in the Privacy Policy and Cookies Policy prior to acceptance.
10.3 If you wish to opt-out of Our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
11. Legal Rights and Disclaimers
11.1 We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.
11.2 Save for the discretionary screening and approval of Ads, We have neither control over, nor involvement in, any goods or services advertised on the Website and accept no responsibility for any actions taken, or any goods or services provided, by any Advertisers.
11.2 Save for the discretionary screening and approval of Ads, We have neither control over, nor involvement in, any goods or services advertised on the Website and accept no responsibility for any actions taken, or any goods or services provided, by any Advertisers.
11.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
11.4 By placing an advert on WebBikes, there are no guarantees that you will sell the vehicle or item in question, and we do not commit to finding a buyer for you. We solely provide a platform on which you can advertise your vehicle or item for sale.
11.5 In the event of a successful sale of your vehicle or item, Web Bikes will not be associate in any way to that sale and will not be liable or responsible under any contract for the sale of your vehicle or item which you might enter into with a third party.
11.6 We accept no liability for any questions and complaints regarding a vehicle or item advertised in your advert, as this is entirely your responsibility.
11.7 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.8 We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.9 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
11.5 In the event of a successful sale of your vehicle or item, Web Bikes will not be associate in any way to that sale and will not be liable or responsible under any contract for the sale of your vehicle or item which you might enter into with a third party.
11.6 We accept no liability for any questions and complaints regarding a vehicle or item advertised in your advert, as this is entirely your responsibility.
11.7 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.8 We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.9 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
12. Availability of the Website and Modifications
12.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
12.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
12.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
13. Limitation of Liability
13.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content included on Our Site.
13.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any content included on Our Site.
13.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
13.4 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content from it) or any other site referred to on Our Site.
13.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
13.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
13.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any content included on Our Site.
13.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
13.4 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content from it) or any other site referred to on Our Site.
13.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
13.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
13.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
16. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Web Bikes.
17. Communications
17.1 All notices / communications shall be given to Us by via the contact form available at “Contact Us” on our site. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17.2 We may from time to time, if you opt to receive it, send you information about Our products services. If you do not wish to receive such information, please click on the 'Unsubscribe' at our newsletter form.
17.2 We may from time to time, if you opt to receive it, send you information about Our products services. If you do not wish to receive such information, please click on the 'Unsubscribe' at our newsletter form.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
These Terms & Conditions were last modified on 30th January, 2017.