These Terms of Use govern your access to and use of the BikeBuy website at bike-buy.co.za (the "Website"). By accessing or using the Website you agree to be bound by these terms. If you do not agree, please do not use the Website.
1. Who we are
The Website is operated by BikeBuy (Pty) Ltd (registration number [company registration number]), a company incorporated in the Republic of South Africa, of [registered office address], South Africa ("BikeBuy", "we", "us" or "our"). BikeBuy is a cycling marketplace and community platform offering classified listings, a shop directory, an events calendar, cycling news, a bike garage and related services.
2. Definitions and interpretation
In these terms, unless the context indicates otherwise:
- "Content" means all text, images, graphics, listings, reviews, data, software and other material made available on the Website;
- "Services" means the features and functionality offered through the Website, including those that require an account and which are further governed by our Terms of Service;
- "you" or "your" means any person who accesses or uses the Website.
Headings are for convenience only and do not affect interpretation. Where these terms conflict with a specific policy or agreement that applies to a particular Service (such as the Terms of Service or Privacy Policy), the specific policy or agreement prevails to the extent of the conflict.
3. Use of the Website
3.1 Licence to use
We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for your own lawful, personal and non-commercial purposes, subject to these terms. All rights not expressly granted are reserved.
3.2 Acceptable use
You agree that you will not:
- use the Website for any unlawful, fraudulent or harmful purpose, or in breach of any applicable law;
- post or transmit content that is unlawful, defamatory, obscene, hateful, infringing, misleading or that violates the rights of any third party;
- interfere with, disrupt, or attempt to gain unauthorised access to the Website, its servers, or any connected network or account;
- introduce any virus, malware, or other harmful code to the Website; or
- collect or harvest personal information of other users, or use the Website to send unsolicited communications (spam).
3.3 Breach
If you breach these terms or infringe the rights of any other person, we may, without notice and without limiting our other remedies, suspend or terminate your access to the Website, remove Content, and take any other action we consider appropriate, including reporting you to the relevant authorities.
3.4 Framing and linking
You may link to the home page of the Website provided you do so in a way that is fair, legal and does not damage our reputation. You may not frame the Website, deep-link to interior pages in a misleading manner, or present the Website as your own, without our prior written consent.
3.5 Automated access
You may not use any robot, spider, scraper, crawler or other automated means to access, monitor or copy the Website or its Content without our prior written consent, except for search-engine operators indexing the Website in the ordinary course in accordance with our robots directives.
4. Capacity
You may only use the Website if you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are under 18, you may only use the Website with the involvement and consent of a parent or legal guardian who agrees to be bound by these terms on your behalf.
5. Accurate information
Where you provide information to us — including when registering, listing items, or contacting other users — you warrant that the information is true, accurate, current and complete, and that you will keep it up to date.
6. Intellectual property
All intellectual property rights in the Website and its Content (other than content you or other users submit) — including the BikeBuy name, logo, design, text, graphics, and software — are owned by or licensed to BikeBuy and are protected by South African and international law. You may not copy, reproduce, republish, modify, distribute, or create derivative works from any part of the Website except as expressly permitted by these terms or with our prior written consent. You may view, download and print pages from the Website for your own personal, non-commercial use.
7. Content you submit
You retain ownership of content you submit to the Website (such as listings, reviews, garage builds, images and comments). By submitting content, you grant BikeBuy a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, display, adapt and distribute that content for the purpose of operating, promoting and improving the Website and Services. You are solely responsible for the content you submit and warrant that you have all rights necessary to grant this licence and that the content does not infringe any third party's rights or any law.
8. Third-party links and content
The Website may contain links to, and content from, third parties — including listings, shop and supplier pages, events, advertising, and external websites. We do not control and are not responsible for the content, products, services, accuracy, or privacy practices of any third party. Links are provided for convenience only and do not imply endorsement. Your dealings with third parties are solely between you and that third party.
9. Availability
We aim to keep the Website available but do not warrant that it will be uninterrupted, error-free, or free of harmful components. We may suspend, withdraw, vary or restrict all or any part of the Website at any time, with or without notice.
10. Disclaimer and limitation of liability
The Website and its Content are provided "as is" and "as available", without warranties of any kind, whether express or implied, to the maximum extent permitted by law. Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including under the Consumer Protection Act, 2008.
To the maximum extent permitted by law, BikeBuy and its directors, employees and agents will not be liable for any indirect, incidental, special or consequential loss or damage, or for any loss of profit, revenue, data or goodwill, arising out of or in connection with your use of, or inability to use, the Website, whether based in contract, delict (including negligence) or otherwise.
11. Indemnity
You indemnify and hold BikeBuy harmless against any claim, demand, loss, damage, cost or expense (including reasonable legal fees) arising out of your breach of these terms, your misuse of the Website, or your infringement of any law or any rights of a third party.
12. General
These terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts. We may amend these terms from time to time by posting the updated version on this page; the changes take effect when posted, and your continued use of the Website constitutes acceptance. If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any right does not constitute a waiver of that right.
These Terms of Use should be read together with our Terms of Service, Privacy Policy and Security Policy.
13. Contact us
Questions about these Terms of Use can be sent to [email protected], or by post to BikeBuy (Pty) Ltd, [registered office address], South Africa.