Terms and Conditions
These Terms and Conditions (" Terms ") and the documents referred to in them, apply to your use of this website located at the address http://www.moto-cycle.cc and/or mobile applications called Moto-Cycle available for iOS and Android devices (each known as the " Site "). If you do not agree to these terms you should not access or view the Site. This Site is operated by Moto-Cycle Trading Ltd, incorporated and registered in England and Wales under company number number 13276678 whose registered office is Thorpe House, 93 Headlands, Kettering, England, NN15 6BL as (“we", “our”, “us” or "Moto-Cycle ").
1.1 This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at email@example.com to discuss what this means for you.
1.2 By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.
2. Information about you and your privacy
3. Our Function
3.1 Our Site is an online venue for individuals to buy, sell, exchange items to or with other individuals. We are not a party to any transaction between a buyer and a seller or two individuals who agree to an exchange or a give-away, save for the Services we provide to facilitate transactions. We do not buy, sell or exchange or purport to buy, sell, exchange or give-away any of the items displayed on our Site. The Site hosts third-party content.
3.2 We do not pre-vet any items listed on the Site or any parties who you may deal with on the Site. We shall not be obliged to engage in any dispute between buyers and sellers or parties to an exchange or give-away. You are responsible for vetting the parties that you deal with.
4. Requirements To Use The Services
4.1 To use the Services, you must register with us by completing the registration form after clicking "Join Us" or registering using an acceptable third party service (e.g. Facebook Connect).
4.2 The Services are not intended for use by children under the age of 18 years old. If you are under 18, a parent or guardian (who is 18 or over) must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. Moto-Cycle shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
4.3 You undertake to keep up to date all information about you on the Site.
4.4 You warrant that any information you provide to us is true, accurate and complete.
5. Your Account and Password
5.1 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. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.
5.2 You must immediately notify us by using the contact form if you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your password or account or any other security breach.
5.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.4 Moto-Cycle does not allow multiple accounts on its Site. Should Moto-Cycle have a reasonably grounded suspicion that a user has created (is using) more than one account on the Site – it may block or delete any of the involved accounts.
6. Content You Provide, Feedback and Private Messaging
6.1 Any content you provide to us or any contact you make with other users, whether privately or publically, must comply with our Rules of Acceptable Use.
6.2 You warrant that any such content or contact complies with the Rules of Acceptable Use, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
6.3 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
6.4 You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us, including without limitation content you post in the Forum and pictures of listed items.
6.5 Moto-Cycle provides for a direct user messaging functionality for the sole purpose of facilitating transactions between the users on the Site. We will not access content of such messages unless one of the involved users grants an access right to Moto-Cycle when raising a dispute with our Customer Support. Please note that Moto-Cycle may use automatic scanning tools/filters in order to detect and prevent spam and/or fraud and/or any other activity contrary to applicable legal acts on the Site. In such cases Moto-Cycle representatives will not access message threads, however, they will cross-check automatic-scanning/filtering results (without accessing messages) in order to determine what preventative action should be taken to ensure security of the platform.
8. Rules of Acceptable Use
In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
In respect of all items you offer for sale through the Services:
- You must be the legal and beneficial owner of such items and have the right to sell them;
- The sale, exchange, give-away, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;
- To list an item you must complete an item placement questionnaire and provide such other information as we may require for all items that you offer for sale, exchange or give-away on the Site in accordance with our Rules of Acceptable Use;
- By listing an item you represent and confirm that the item complies with all aspects of the item questionnaire that you submit, including the category in which you list such item and any photograph of the item, and that such item questionnaire is complete. The terms of the item questionnaire that you submit will form the terms on which you offer the item for sale;
- When you submit the item questionnaire the item shall be deemed to be a "Catalogue Item";
- You may amend the terms on which you offer a Catalogue Item for sale at any time before you have entered into a contract to sell, exchange or give-away the relevant item; and
- You may remove a Catalogue Item from the Site at any time before you have entered into a contract to sell, exchange or give-away the relevant item.
9. Moto-Cycle Marketplace and Payments
9.1 Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features here.
9.2 You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item”). When a user of the Service purchases such Sale Item, this is a “Sale Transaction”.
9.3 Sale Transactions may only take place via Moto-Cycle’s third party Payments via Stripe.
9.4 Moto-Cycle Payment processing services for account holders on Moto-Cycle are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an account holder on Moto-Cycle, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Moto-Cycle enabling payment processing services through Stripe, you agree to provide Moto-Cycle accurate and complete information about you and your business, and you authorise Moto-Cycle to share it and transaction information related to your use of the payment processing services provided by Stripe.
9.5 We use Stripe to make payouts to account holders. The Stripe Recipient Agreement applies to your receipt of such Payouts. To receive payouts from Moto-Cycle you must provide us accurate and complete information about you and your business, and you authorize Moto-Cycle to share it and transaction information related to your payout with Stripe.
9.6 To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service (See section 8).
9.7 We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the swap, sale or purchase of a Sale Item.
9.8 Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at section 15 of these Terms of Service.
9.9 As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.
9.10 To safeguard the interests of our users, we do not recommend using the Service to swap Sale Items. However, if you choose to do so, you should follow our guidelines for swapping safely available on our support page. In any event, you acknowledge that you swap Sale Items entirely at your own risk and we have no liability in this respect.
10.1 The seller takes full responsibility for the shipment of the sales items in the case of loss, damage or non-receipt to the buyer. It will be the seller's responsibility to choose a postage method when this is covered in compensation from the chosen shipping provider
10.2 After you enter into a contract with a buyer for the purchase of one of your Sale items we will send to you a confirmation of such purchase. You must ship the Sales Item that you have sold and enter the tracking barcode of the parcel and/or link on our site.
10.3 If you fail to send the item to the buyer within 5 business days after receipt of a shipping label and/or details, and/or instructions we shall be entitled to refund the purchase price to the buyer’s account.
10.4 Moto-Cycle shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to Moto-Cycle by any competent authority the seller agrees to reimburse Moto-Cycle fully in respect of the same within 7 days of our demand.
10.5 We decline all responsibility for sent parcels, packages and items which become lost or destroyed, or damaged by a shipping service provider and/or after delivery to a post-box or alike, unless otherwise clearly stated within specific terms applicable to separate shipping service offers by Moto-Cycle.
15. Resolving disputes
15.1 Disputes with us
15.1.1 If you have a dispute with us relating to the Service, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
15.2 Disputes with other users relating to a Sale Transaction
15.2.1 If you use PayPal or Moto-Cycle Payments via Stripe to pay for a Sale Item or receive any money for a Sale Transaction you may be eligible for Buyer or Seller Protection, details of which are available below.
15.2.2 All purchases/sales made outside of Moto-Cycle are against our Terms of Service and are not covered by Buyer or Seller Protection.
15.2.3. If: a) as a buyer your Sales Item has not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorised payment, or a buyer claims they didn’t receive their Sale Item, you can report the issue to us within 180 days and we will reply to you with instructions on how to proceed. Please make sure you report the issue as set out in paragraph 8 below in order to guarantee a prompt reply. To open a dispute: go to Profile > Orders > Active Purchases and find the transaction you want to report then click “I have an Issue”.
15.2.4 Please know that in regards to any kind of buyer or seller protection, we can only accept tracking codes as valid proof of delivery (a tracking code that can be verified online - this does not include Royal Mail reference numbers unless this records actual delivery), and that the cost of returning the Sales Item cannot be refunded.
15.3 Moto-Cycle Payments via Stripe – Moto-Cycle Buyer and Seller Protection
15.3.1 In order to be eligible for Moto-Cycle Buyer or Seller Protection, you must: a) purchase/sell the Sale Item in-app using Moto-Cycle Payments via Stripe, and b) report the transaction issue to Moto-Cycle within 180 days from the date of purchase/sale. Moto-Cycle Buyer or Seller Protection applies only if these conditions are met.
15.4 Moto-Cycle Buyer Protection
15.4.1 To qualify for Moto-Cycle Buyer Protection, you must be able to prove that a) you bought the Sale Item with Moto-Cycle Payments via Stripe, and b) the Sale Item did not arrive OR was materially and significantly different to the description thereof OR the Sale Item was counterfeit. Moto-Cycle. If we find that the above criteria is fulfilled, subject to you returning the Sale Item where requested (tracked delivery), you will receive a full refund of the Sale Item from the Seller.
15.5 Moto-Cycle Seller Protection
15.5.1 To qualify for Moto-Cycle Seller Protection, you must be able to prove that a) you sold the Sale Item via Moto-Cycle Payments via Stripe, b) you dispatched the order to the address provided on the Moto-Cycle receipt within 7 days of the order (or any timeframe set out in the description for the Sale Item in question if different), c) you responded to any Moto-Cycle emails relating to such Sale Item within the requested period and d) the Sale Item materially and significantly conformed to the description thereof in your shop. As a Seller, non-material goods, prohibited items and meet-in-person transactions are not covered by Moto-Cycle Seller Protection.
15.5.2 Where Buyer and Seller cannot agree resolution, Moto-Cycle will try to mediate a resolution between you and the Buyer. If we find that the Buyer was correct in that the Sale Item was not as described or was not delivered, subject to the Buyer returning the item to you, you agree to refund the full sale price of the Sale Item and where you fail to do so, you hereby give Moto-Cycle permission to do so on your behalf.
15.5.3 If a chargeback is raised against you as Seller, Moto-Cycle will ask you to provide evidence of shipping and that the Sale Item was as described in the original listing, within 3 calendar days. If you do not respond within the timeframe and/or we believe the Buyer to have validly initiated the chargeback, we will activate a refund for the Buyer of the value of the Sale Item in question and a 15 GBP chargeback fine will be deducted from your Moto-Cycle Payment account. If Buyers are making regular chargebacks from you as a Seller, then we may investigate your account and your compliance with these terms of service. This may result in suspension of your account.
15.5.4 Should you decide to appeal any decision Moto-Cycle has made under this section of the terms, then please contact us. Be aware that we will only consider appeals where you can supply new evidence to support your case.
16. Removal, Warnings, Blocking Suspension and Termination
16.1 We may at our option, issue warnings, suspend, block or terminate your access to this Site and/or the Services (or any part of them) or remove any content uploaded, including without limitation, any Catalogue Item if:
- you are in breach of these Terms;
- you act in any manner which we consider may damage our reputation; or
- you use the Site or Services in a manner which we consider to be fraudulent or contrary to law.
17.1 We do not guarantee that this Site, or any Services or content on it, will always be available or be uninterrupted.
17.2 We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site, or any Services or content on it, and to restrict or prohibit access to it.
18.1 We do not guarantee that this Site will be secure or free from bugs or viruses.
18.2 You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software.
18.3 You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
18.4 You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site.
18.5 You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
18 .6 By breaching this section, you would commit a criminal offence under the Computer Misuse Act 1990.
18.7 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 this Site will cease immediately.
19.1 Nothing in these Terms limits or excludes our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other type of liability which cannot by law be excluded or limited.
19.2 We make no warranties or representations, whether express or implied that this Site, any content and the Services on it:
- are accurate, complete, up-to-date or suitable for any purpose; or
- are free of error or omission.
19.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.
19.4 We provide an online facility to introduce individuals to one another to enable the purchase, sale, exchange and give-away of items between them and to allow them to communicate with one another in public and in private. Buyers, sellers and parties to an exchange or give-away are solely responsible for transactions entered into using the Site.
19.5 We are not responsible for any action or inaction of users of the Site or Services, or content provided by users of the Site including, without limitation:
- the descriptions or photos of items, including their accuracy and completeness;
- the quality, legality or safety of the items;
- the seller’s, exchanger’s or giver’s title to the items; or
- any seller’s or buyer’s right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such transaction.
19.6 You agree to indemnify us for any loss, liability, cost or expense for any third party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.
19.7 In respect of any dispute you may have with another user of the Site, you agree to:
- waive any claim you may have against us in connection with such dispute; and
- indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
19.8 Subject to section 19.1, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any content on it, or on any website linked to it.
19.9 We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.
19.10 Subject to section 19.1, Moto-Cycle, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
19.11 Subject to section 19.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:
- the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; and
- £100 in respect of any other claim.
20. Third Party Links and Resources in This Site
20.1 Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
20.2 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 will not be liable for any loss or damage that may arise from your use of them.
21.1 From time to time we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.
21.2 If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.
22. Events Out of Our Control
22.1 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
23.1 If any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
24. Entire Agreement
24.1 These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
24.2 We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
25. Applicable Law
25.1 Please note that these Terms, their subject matter and formation, are governed by English law.
25.2 You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
26. Amendments to These Terms
26.1 We may change these Terms from time to time by posting an amended version on this page in the following circumstances:
- to reflect changes or expected changes in relevant laws and regulatory requirements;
- to reflect any ruling by a court, regulator or any other similar body having authority;
- to make these terms clearer or fairer;
- to reflect changes and developments in how we operate our business;
- to rectify any error which we may discover at a later date; or
- to reflect changes in market conditions or standard industry practice.
26.2 We recommend that you check this page from time to time, as your continued use of this Site after these Terms are amended shall mean that you agree to be bound by such changes.