Terms & Conditions
Terms & Conditions
These terms and conditions will not be varied for individual customers.
In this Agreement the following words and expressions shall have the following meanings:-
"User" means the person accessing the "Site" to utilise the "Service".
"Site" means the web address:- www.bannix.co.uk or any sub domain of bannix.co.uk at which the "Service" is made available.
"Service" means private account access to the "Site" to facilitate the purchase of digital products and any other services or facilities provided by Bannix for Bikers.
"Downtime" means any service interruption in the availability of the "Site".
"Data" means any information entered by the "User" into the "Service".
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Bannix for Bikers have the right to terminate a "Users" account without notice if a "User" is found to be contravening any of the following terms:-
- The "User" agrees to not use the "Service" in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
- The "User" agrees they have the legal capacity and authority to enter into this agreement.
- The "User" agrees to provide truthful and accurate information in the course of creating an account to use the "Service".
Bannix for Bikers shall use its reasonable endeavours to make the "Service" available to the "User" and its customers 100% of the time but because the "Service" is provided by means of computer and telecommunications systems, Bannix for Bikers makes no warranties or representations that the "Service" will be uninterrupted or error-free and Bannix for Bikers shall not, in any event, be liable for interruptions of the "Service" or "Downtime".
Bannix for Bikers carries out data backups for use by Bannix for Bikers in the event of systems failure. Bannix for Bikers do not provide data restoration facilities for individual "Users".
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Bannix for Bikers shall not be liable to the "User" or its customers as a result of any "Viruses" introduced or passed on to the "User" or its customers.
The Customer agrees to indemnify and hold Bannix for Bikers and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Bannix for Bikers arising out of any breach by the "User" of the terms of this Agreement or other liabilities arising out of or relating to the "Service".
LIMITATION OF LIABILITY
In no event shall Bannix for Bikers be liable to the "User" for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Bannix for Bikers had been made aware of the possibility of the "User" incurring such a loss.
TERM AND TERMINATION
This Agreement will become effective on the date the "Service" is ordered and shall continue until terminated by either party. Either party may terminate this Agreement forthwith if the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or the other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
If Bannix for Bikers suspects for any reason, based at its sole discretion that a "User" is in breach of this Agreement a 7 day Limited Account Access warning will be emailed to the "User" notifying them their account has been limited. Whilst the "User" account is in a Limited state no products will be made available for sale via the "Service". Within this 7 day period the "User" must demonstrate to Bannix for Bikers, that they are in full compliance with this Agreement. If the "User" has not adequately satisfied Bannix for Bikers, at its sole discretion that this is the case the "Users" account will be terminated.
On termination all data held in the "Users" account will be deleted.
Any notice to be given by either party to the other may be sent by email. Emails shall unless the contrary is proved be deemed to be received on the day it was sent.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Bannix for Bikers communicates with its "Users" via email and as such you agree to receive by email occasional newsletters which contain amongst other things changes to our terms and conditions, notification of major outages, updates to the "Service".