These terms and conditions and our Privacy Policy, (together the “User Agreement”) form our entire agreement with you in respect of non-chargeable use of Pedal Power Website and supersede any prior agreement or arrangement with you in respect of Pedal Power Website. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to "you" and "your" in this User Agreement shall also be to that company. The purchase of [goods/services] from us is subject to our Terms and Conditions of Purchase. If there are any updates to this User Agreement or to the Terms and Conditions of Purchase, we will bring this to your attention on the home page of Pedal Power Website.
2. Availability of Pedal Power Website We will endeavour to ensure that Pedal Power Website is available 24 hours per day without any interruptions. However, we reserve the right to make Pedal Power Website unavailable at any time or to restrict access to parts or all of Pedal Power Website without notice. Pedal Power Website is a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via Pedal Power Website is accurate, not-misleading, complete or up to date.
3. Use of Pedal Power Website Pedal Power Website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell Pedal Power Website or any materials or information in Pedal Power Website or the structure, overall style and program code of Pedal Power Website without our consent. If you wish to make a request for consent, please contact glenn@PedalPower.co.uk.
4. Your Contributions You agree to only use Pedal Power Website for lawful purposes and that any information that you provide in connection with, or which forms part of, Pedal Power Website will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the Pedal Power Website.
5. Links Pedal Power Website includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to Pedal Power Website you may only do so at http://www.PedalPower.co.uk. Details of our linking arrangements may be obtained from webmaster@pedalpower.co.uk.
6. Data Protection It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the Pedal Power Website. We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy.
7. Intellectual property Pedal Power Website, its style and structure, and the materials and information on Pedal Power Website of Pedal Power Website are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents in Pedal Power Website assert their moral rights. Pedal Power Website and Pedal Power are registered trade marks of Pedal Power.
8. Our Liability Since a substantial part of Pedal Power Website is both free and available to all, it is a condition that your use of Pedal Power Website is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the Pedal Power Website for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the Pedal Power Website shall be limited to £50. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
9. Small Print Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. Nothing in this User Agreement affects your statutory rights as a consumer.
10. Complaints If you believe that your intellectual property or other rights are being infringed by the Pedal Power Website, or if you are dissatisfied with Pedal Power Website or any aspect of our service, in the first instance please contact glenn@pedalpower.co.uk or on (+44 (0)1509 269663).
There may be circumstances applicable to your situation which would make this agreement inapplicable or inaccurate.
The information given in this agreement is not legal or commercial advice nor a substitute for such advice and must not be relied on as such. If you require legal advice you must always consult a suitably qualified lawyer.
If you have any queries please contact glenn@pedalpower.co.uk