Last updated: September 15, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.switchmotorcycles.com website (the “Service”) operated by SWITCH Motorcycles Limited (“SWITCH”, “us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Site from any Non-SWITCH affiliated third party.
Although we attempt to ensure the integrity and accurateness of our Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
The Service and its original content, features and functionality are and will remain the exclusive property of SWITCH and its licensors. The Service is protected by international copyright and trademark laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SWITCH.
The Site may include references to third-party trademarks and copyrighted materials, which are the property of their respective owners. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by us.
Our Service may contain links to third-party web sites or services that are not owned or controlled by SWITCH.
SWITCH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SWITCH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
In no event shall SWITCH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SWITCH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Any clause heading used herein is for convenience only and shall not in any way affect the interpretation of these Terms and Conditions. Should any clause or part of it be held to be invalid because it contravenes any applicable legal provisions, all other terms of any such clause or part of a clause shall remain in full force and effect.
These Terms shall be governed and construed in accordance with the laws of New Zealand without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound.
All of the Content within this Site and any material made available are the property of SWITCH. This Site is protected by International copyright and trademark laws. The Content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part unless approved by us in writing.