Terms & Conditions
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.
This Terms of Service Agreement (the “Agreement”) governs your use of www.BikeKit.Co (the “Website”). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. BikeKit reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
Terms of Offer: This Website displays various products & services available for offline sales. By browsing this website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify BikeKit of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from BikeKit and its designated in house or third party team(s).
Opt Out Procedure: We provide easy ways to opt out of from future solicitations. You may choose to opt out via sending your email address to: firstname.lastname@example.org.
Proprietary Rights: BikeKit has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by BikeKit. Also, BikeKit has rights to all patent, trademarks and website content and specific layouts of this webpage, including calls to action, text placement, images and other information.
Colors: We have made every effort to display our products as accurately as possible. However, we cannot guarantee the colours of the products that appear on your monitor or screen’s display will be completely accurate with that of physical product, as computer monitors and screens of electronic devices vary.
Content; Intellectual Property; Third Party Links: In addition to displaying Products, this Website also offers information and marketing materials. BIkeKit does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that BikeKit does create the content on this Website, such content is protected by intellectual property laws. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non commercial use. Any links to third-party websites are provided solely as a convenience to you. BikeKit does not endorse the contents on any such third-party websites.
Use of Website: BikeKit is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from BikeKit or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant BikeKit a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
Force Majeure: BikeKit will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: BikeKit may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and BikeKit and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of BikeKit to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from Dubai, UAE. This Agreement will be governed by the laws of the UAE without regard to its conflict of law principles to the contrary. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one month, after such claim or cause of action arose or be forever barred.
Disclaimer Of Warranties
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BikeKit EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BikeKit MAKES NO WARRANTY:
- That the information provided on this website is accurate, reliable, complete, or timely.
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- Regarding any products purchased or obtained through the website.
Limitation Of Liability
BikeKit ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS ORDERED VIA THE WEBSITE (OFFLINE). BikeKit WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
- The use or the inability to use the website content or products
- The cost of procuring substitute products or content
- Any products purchased or obtained or transactions entered into through the website
- Any lost profits you allege.
You will release, indemnify, defend and hold harmless BikeKit, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to BikeKit.