This Terms of Use is for the use of this website, including the platform hosted by Shosho Mobile. Access to the Website is contingent upon your acceptance, without adaptation, of these Terms of Use.
By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of Mr. Classic Motorcycles ’s Privacy Policy and, if applicable, the terms and conditions as included in Mr. Classic Motorcycles ’s client agreements.
For the purpose of this Terms of Use, you will be referred to as a “Client”, if the relevant clause pertains to any sale of goods or services, supplied by Mr. Classic Motorcycles .
Use of material on the Website
(a) You may view the Website and its contents using your web browser and electronically copy and print hard copies of parts of this site exclusively for your personal, non-commercial use.
(b) Any other use, including the reproduction, alteration, distribution, transmission, re-publication, display or performance, of the content contained within this site, is strictly prohibited.
(c) You are not permitted to alter or copy the layout of the Website and any computer software and code contained in the Website.
(d) The material provided on the Website is for personal use only and may not be: re-sold and/or redistributed in any material form; stored in any storage media; and/or re-transmitted in any media without the prior written consent of Mr. Classic Motorcycles .
Links to other Websites
(a) The Website may include links to sites on the internet that are owned and operated by third parties and which are not managed and/or maintained by Mr. Classic Motorcycles .
(b) Any such links provided, are as a convenience to you and the existence of links to other sites does not imply an endorsement by Mr. Classic Motorcycles of the linked site.
(c) Mr. Classic Motorcycles will not be held responsible for the material contained on any linked sites.
User Accounts
(a) By signing up for a user account, you acknowledge that you have read this Terms of Use and any other relevant agreements and policies, deemed as relevant by Mr. Classic Motorcycles , at its full discretion.
(b) Mr. Classic Motorcycles may restrict or cancel your user account at any time, without informing you, for any reason whatsoever, including, but not limited to, a breach of the terms of this Terms of Use.
Intellectual Property-General
(a) Mr. Classic Motorcycles reserves all intellectual property rights including, but not limited to, copyright in material and/or services that it provides.
(b) The copyright in the Website and its content, including, but not limited to, design templates, is owned by Mr. Classic Motorcycles , its affiliates or by third parties who have licensed the materials to Mr. Classic Motorcycles or its affiliates.
(c) All trademarks mentioned on the Website belong to their respective owners.
Intellectual Property – Sale of Content
(a) The Client agrees that the benefit to be received by the Client from the Sale Content (Benefit) is:
(i) Subject to sub-clause (d) herein, for personal use or the use of their respective business; and
(ii) not to be commercially sold, sub-licensed, or otherwise commercially exploited.
(b) On the occurrence of a Sale, Mr. Classic Motorcycles will grant the Client a perpetual, non-exclusive, worldwide, irrevocable, royalty-free licence to use the Sale Content as required by the Client to receive the Benefit.
Agreed Costs
(a) By purchasing Sale Content, therefore, being a party to a Sale, you agree to the cost of sale (Content Price), advertised by Mr. Classic Motorcycles on the Website and/or FFS Platform, at the time of the Sale.
(b) Subject to sub-clause (c) herein, Mr. Classic Motorcycles reserves the right to change the Content Price of any Sale Content, at any time, without prior notice to the Clients or users of the Website.
(c) Mr. Classic Motorcycles may not change the Content Price of a Sale that has already been agreed upon.
Point of Sale Terms & Conditions
(a) Mr. Classic Motorcycles uses a number of payment gateways for:
(i) payments made by Clients to Mr. Classic Motorcycles (Payments); and
(ii) refunds issued by Mr. Classic Motorcycles to Clients (Refunds).
(b) In the process of making Payments, you may be re-directed to the platform used by that payment gateway (Payment Platform) and, in doing so, agree to the Terms of Use of such Payment Platform.
(c) Mr. Classic Motorcycles reserves the right to change the preferred payment gateway, at any time, without prior notice to any Clients.
(d) All transactions are processed in ZAR or USD currency, depending on the Content Price of the relevant Sale Content.
Refunds
(a) We do not provide refunds.
Disclaimer
(a) Mr. Classic Motorcycles makes the Website available for others to publish information without assuming a duty of care to users.
(b) Mr. Classic Motorcycles is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the internet.
(c) To the fullest extent permitted by law, Mr. Classic Motorcycles disclaims any and all warranties, express or implied, regarding: the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and marketability or suitability for any specific purpose for any service or product contained or referred to on the Website and/or on any linked sites.
(d) Mr. Classic Motorcycles will not be held liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
(e) Notwithstanding that Mr. Classic Motorcycles will have used its best efforts to ensure that the information contained and accessed through the Website is correct and up-to-date at the time of publication, Mr. Classic Motorcycles does not accept responsibility for any error, omission or defect in this information and the Website is provided by Mr. Classic Motorcycles on an “as is” basis.
(f) To the fullest extent permissible by law Mr. Classic Motorcycles :
(i) does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the site or the information, content, materials or products contained within this site;
(ii) does not warrant that the functions of the Website will be uninterrupted or error-free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and
(iii) does not warrant or make any representation regarding your access to, or the results of your access to, the Mr. Classic Motorcycles Website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
(g) Mr. Classic Motorcycles will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which is the consequence of you using or accessing or any inability to use or access the Mr. Classic Motorcycles Website.
Limitation of liability
Mr. Classic Motorcycles ’s liability for breach of any warranty or condition in these Terms of Use or for breach of any implied warranty or condition that cannot be excluded by operation of law, is limited at the option of Mr. Classic Motorcycles to the following:
(a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and
(b) in the case of goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
Alteration of Terms of Use
Mr. Classic Motorcycles reserves the right to change the terms of access, conditions and notices under which the Website is offered with or without prior notice to you and without giving any explanation or justification for such change.
Relevant Jurisdiction
(a) If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) The Terms of Use are to be governed by and construed in accordance with the laws of South Africa.
(c) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of South Africa to determine any dispute arising out of these Terms of Use.
Customer Service
For any customer service enquiries, please send an email to admin@mrclassicmotorcycles.co.za.
Terms of Use last updated on 25 September 2021.