These Terms of Use, together with the policies and terms referred to below, set out the rules for using www.pedrogear.com, whether as a guest or a registered user. Use of our site includes accessing, browsing, shopping on or registering to use our site. Please read these Terms of Use carefully before you start to use our site. We recommend that you print and keep a copy of these Terms of Use for future reference. By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our site.
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.pedrogear.com(“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Notice here and Terms of Use here, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice here or our Terms of Use here, do not use our site.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.
ACCESS TO OUR SITE
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site at any time without notice. We will not be liable to you if for any reason all or part of our site is unavailable or interrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
YOUR ACCOUNT AND PASSWORD
You may access most areas of our site without registering your details with us, but certain areas of our site will only be open to you if you register with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. We have the right to disable any user identification code, password or account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@pedrogear.com.
YOUR USE OF OUR SITE
You may use our site only for lawful purposes. You may not use our site:
• in any way that breaches any applicable local, national or international law, regulation or code of practice;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• in any way that infringes any intellectual property right or right to privacy; and/or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.
You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use. Breach of any of these conditions of use of our site constitutes a material breach of these Terms of Use.
INTERACTIVE SERVICES
We may from time to time provide interactive services to you on our site. For example, We may allow you to leave reviews of our products. Use of any of our interactive services by a minor is subject to the consent of their parent or guardian. By submitting any content to our site or through our interactive services, you agree that We shall have a non-exclusive, perpetual, royalty-free, worldwide right and licence to use, reproduce, distribute and make available such content on our site and in our marketing materials. We may, from time to time, if We consider it appropriate, moderate any interactive service provided on our site. However, We are under no obligation to do so. Moderation may be carried out automatically and/or manually, by us or by a third party on our behalf. Any content posted on our site by users through any interactive service does not necessarily reflect the opinions, views, values or ideals of pedrogear.com UK Limited or our personnel. We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms of Use, whether the service is moderated or not. If you wish to complain about information or materials uploaded to our site by other users please contact us on info@pedrogear.com.
CONTENT STANDARDS
You must ensure that any and all information and material which you post to our site (User Content) and use of any interactive services associated with it complies with following standards. User Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted. Product reviews will only be accepted from genuine, verified purchasers in the correct language for the relevant website and will not be accepted from our employees.
User Content must not:
• contain any material which is defamatory of any person, obscene, offensive, hateful, malicious or inflammatory or which promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any intellectual property right of any other person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other person. In the case of product reviews, you may include your first name and location in your review, but should not include any other personal information;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that it emanates from us, if this is not the case;
• advocate, promote or assist any illegal activity or unlawful act; or
• contain any advertising or promote any goods or services or links to other websites.
We will determine, in our discretion, whether there has been a breach of these content standards through your use of our site. When a breach of these content standards has occurred, We may take such action as We deem appropriate and reserve the right to reject publication of any such User Content or delete such User Content from our site. If we reject a product review, we may send it back to you with an explanation of why it has been rejected and we may give you the opportunity to edit and resubmit your review. Failure to comply with these content standards constitutes a material breach of these Terms of Use. You will be responsible and will compensate us for any loss or damage We suffer as a result of you breaching these content standards.
VIRUSES, HACKING AND OTHER OFFENSES
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in our site, and in the material published on it, are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, 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.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although We make reasonable efforts to update the information on our site, We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY IN RESPECT OF YOUR USE OF OUR SITE
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.
If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site; and
• We will not be liable for:
o loss of profits, sales, business, or revenue;
o business interruption;
o loss of anticipated savings;
o loss of business opportunity, goodwill or reputation;
o waste of management or office time; or
o any indirect or consequential loss or damage.
If you are a consumer user, please note that We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and We have no liability to you for any loss of any business of yours (including but not limited to the types of loss and damage excluded in respect of business users set out in the paragraph above).
The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We have no control over those websites and will not be liable for any loss or damage that may arise from your use of them.
DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER
If you’re a u.s. Resident, you and we also agree to the following mandatory arbitration provisions: we both agree to give up any rights to litigate claims or disputes in court or before a jury, except for disputes or claims arising out of or relating to your infringements or other violations of our intellectual property rights or any claims for indemnifcation brought or alleged by us against you pursuant to clause 14 of the terms & conditions for sale or clause 16 of these webiste terms of use. We also both give up the right to bring or participate in a class action or representative action with respect to any claim or dispute. Additionally, other rights you may have if you went to court also may be unavailable or limited in arbitration. For clarity, this clause 15 regarding binding arbitration and related rights and restrictions, including giving up rights to bring or participate in any class action claims, is applicable to all claims and disputes between you and us, except for any claims or disputes between you and us that arise out of or relate to your infringements or violations of our intellectual property rights or your obligations to indemnify us pursuant to the terms & conditions for sale or pursuant to the website terms of use. For more about claims between you and us that arise out of or relate to your infringement of our intellectual property rights, see clause 10 of these terms.
By expressly agreeing to these terms and by using any services of our site, you agree that, except for any claims or disputes that arise out of or relate to your infringements or violations of our intellectual property rights or your obligation to indemnify us, any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any disputes relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any part of it, or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer’s initial arbitration fees. But, unless any of the claims brought affords the prevailing party an award of attorneys’ fees, and the arbitrator makes a determination to award reasonable fees to the prevailing party under the fee-shifting provided by applicable law, each party will bear its/his/her own attorneys’ fees.
You agree to an arbitration on an individual basis. In other words, in any dispute or resolution of claim, neither you nor us will be entitled to join or consolidate claims by or against other parties or customers in court or in arbitration, otherwise participate in any claim brought as a class action or class arbitration, or participate in any claim as a class representative, class member, or in a private attorney general capacity. You and we agree that the arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator or arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction.
If any provision of this arbitration agreement set forth in this Section 13 is found to be unenforceable or otherwise void or invalid, the unenforceable, void, or invalid provision will be severed from this Section, and the remaining arbitration terms will be enforced.
INDEMNITY
You agree to indemnify, defend and hold harmless pedrogear.com ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) against pedrogear.com arising from, without limitation, (i) your breach of these terms and conditions for online sales, (ii) your infringement of any of our intellectual property rights; (iii) your infringement of any other right of any person or entity, including, but not limited to, defamation of such person or entity, or violations of such person’s or entity’s intellectual property or privacy rights, (iv) your breach of any duty of confidence or privacy owed to pedrogear.com, or (v) any false statements or claims made by you in any form about pedrogear.com or about its products or services. Note that the arbitration provisions of clause 13 do not apply to any indemnification claims or actions brought against you by us pursuant to this section.
OUR RIGHTS
If We determine, in our discretion, that there has been a breach of these Terms of Use, We may take such action as We deem appropriate, which may include issuing a warning to you, withdrawing your right to use our site, taking legal proceedings against you and/or disclosing such information to law enforcement authorities as We reasonably feel is necessary.
LINKING TO OUR SITE
You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site. Any other linking to our site is prohibited without our prior written consent.
You must not establish a link to our site:
• in a way that is not fair or legal or which damages our reputation or takes advantage of it;
• in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
• in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.
You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact info@pedrogear.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
APPLICABLE LAW
Please note that these Terms of Use or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by English law. If you are a consumer, your use of our site will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence. If you are a consumer, you and We both agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms of Use or use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence. If you are a business or are using our site for business purposes, you and We both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
CONTACT US
If you wish to contact us in respect of our site, please contact us at info@pedrogear.com. Thank you for visiting our site.