RADPOWERBIKES.EU

TERMS OF USE

Last updated July 20, 2020

 

These Rad Power Bike Terms of Use (“Terms”) are a legal agreement between you and Rad Power Bikes Netherlands BV, a company registered with the Dutch Chamber of Commerce #: 68999585, and its affiliated companies (collectively, “RPB”, “we” or “us”) that governs your access to and use of the following website: https://radpowerbikes.eu and certain services provided through the website (the website, any applications, and services, including all Content (as defined below) therein are referred to collectively as the “Site”). The Site is owned and operated by Rad Power Bikes LLC, a United States limited liability company and its affiliated companies. References to “you” and “your” mean any person or legal entity that visits, accesses, or uses the Site and/or registers for an Account (defined below).

 

If you have any questions about anything in these Terms, our services, or if you wish to make a complaint, then please contact us at support@radpowerbikes.com.

 

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE SITE OR REGISTER FOR AN ACCOUNT ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY (SUCH AS YOUR EMPLOYER), THEN YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THAT COMPANY, ORGANIZATION, OR ENTITY TO THESE TERMS, AND THE TERM “YOU” INCLUDES THAT COMPANY, ORGANIZATION, OR ENTITY. IF YOU ARE NOT AUTHORIZED TO OR DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.

 

Nothing in these terms shall affect your statutory rights if you are a consumer.

 

1. ELIGIBILITY. Use of the Site by minors below the age of 14 is subject to the consent of their parent or guardian.

 

2. ADDITIONAL TERMS. We encourage you to also review the applicable Consumer Purchase Terms and Conditions, Privacy Notice, and Limited Warranty Terms (the “Additional Terms”).

 

3.PROPRIETARY RIGHTS & LICENSE. All RPB’ logos, trademarks or registered trademarks, service marks, product or company names in the US and/or other countries, are the property of Rad Power Bikes LLC. Other logos, trademarks, services marks, product, or company names mentioned herein are the property of their respective owners.

 

All images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information and other materials that appear on this Website and all other applications developed for products or services offered by RPB (collectively, the “Content”). This Content belongs to us or (if it has been licensed to us) to the licensor) and is protected by copyright laws and treaties around the world. All such rights are reserved. Except as permitted in these Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise exploit the Content.

 

4. ACCOUNT REGISTRATION. In order to access certain Site features, you may create a user account (“Account”). Certain Accounts will require internal approval from RPB, and RPB retains the right to approve or deny Account applications in its sole discretion. If you register or apply for an Account, your ability to use the Site as intended requires you to provide RPB with current, complete, and accurate information. You must keep your log-in information confidential and not authorize any third party to use it or your Account. It is your sole responsibility to monitor and control access to and use of your Account, You agree that you will keep your Account information up to date so that it is complete and accurate. You must notify RPB immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your Account status or other criteria, your Account may not have full access to all Site features. You agree not to attempt to access any restricted Site features. When setting up your Account we will need to take some personal data information such as your email address. Please see section 16 below about your data.

 

5. CLOSING YOUR ACCOUNT. You can delete your Account at any time. We reserve the right to disable your Account, and corresponding username, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms, or Additional Terms. We are under no obligation to issue a refund for any prepaid fees associated with your Account.

 

6. WEBSITE AND CONTENT USE. You may download or print copies of any page from our Site for your personal, non-commercial use and for your information only. If you do download or print copies of the Content you must retain any copyright or other intellectual property notices contained in the original material. You must not use any part of the Content on our site for commercial purposes (other than as an internal or personal business resource) without obtaining a license to do so from us or our licensors. If you print, copy or download any part of our site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Specifically, you may not:

a.                   Modify copies of any Content.

b.                   Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

c.                   Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content.

d.                 Access or use any part of the Content or any services or materials available through the Site for purposes other than those granted by these Terms or under Additional Terms.

 

RPB may grant third parties the right to link another website to the Site through a URL linking mechanism supplied by RPB. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of such third-party sites or resources. We exclude all liability for any third-party material made available on the Site or contained on any third-party website that it links to. Any contract concluded with a third-party company of a linked site will be between you and such third party only and will be subject to such third party’s terms and conditions. You are responsible for viewing and complying with the privacy policy and terms of use posted at the linked sites.

 

7. USER CONTENT. RPB does not control and is not responsible or liable for any information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Site by users of the Site (“User Content”). You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that RPB will not treat it as such. The views expressed by other users on our site do not represent our views or values.

 

8. SUPPORT AND AVAILABILITY. RPB aims to provide the Site in accordance with these Terms but has no obligation to provide support in relation to the Site, Content, your Account, or User Content. RPB does not guarantee availability of the Site, Content, your Account, or User Content and your access is permitted only if and when they are available. The Site may be unavailable for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, RPB reserves the right to discontinue your access to the Site, your Account, or to any Content provided or made available to you through use of the Site at any time without notice to you. If you would like to request support for the Site, please contact us at support@radpowerbikes.com.

 

9. CHANGES TO THESE TERMS. RPB reserves the right to change these Terms at any time. RPB will give you notice of any changes by making the updated Terms available through the Site, sending you an e-mail, or by any other reasonable means. The updated Terms are binding on you as of the effective date indicated therein. If you do not want to agree to the updated Terms, you must terminate your Account and stop using the Site and Content. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms.

 

10. THIRD PARTIES. You may need to agree to the terms and conditions of third-party service providers to use all functionalities of the Site. For example, payment services are provided by Shopify. RPB does not have control over any third-party services and will not be responsible for any third-party services.

 

11. DISCLAIMER. THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. WE DO NOT MAKE ANY GUARANTEES THAT (A) THE WEBSITE, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SITE, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

 

12. DISCLAIMER OF CERTAIN DAMAGES IF YOU ARE A BUSINESS. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES THAT YOU SUFFER THROUGH ACCESS OR USE OF THE SITE OR OTHER MATERIAL ON THE INTERNET VIA WEB LINKS FROM THIS SITE. WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND CONDITIONS.

 

13. LIMITATION OF LIABILITY. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW, AND THESE TERMS DO NOT AFFECT THESE EXCEPT IF THE TWO ARE INCONSISTENT. IF THIS IS THE CASE THEN THESE TERMS WILL OVERRIDE ANY OTHER RIGHTS WHICH YOU MAY HAVE, UNLESS THIS IS NOT PERMITTED BY LAW.

 

14. GOVERNING LAW AND VENUE. These Terms will be governed by the laws of the Netherlands. Any disputes will be subject to the courts of the Netherlands.

 

15. GENERAL. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

 

16. YOUR DATA. We take the issue of data protection very seriously. Our policy is set out in our Privacy Notice located at (https://radpowerbikes.eu/pages/privacy-policy). We ask that you read the Privacy Notice before providing us with any information about yourself.