Terms & Conditions
Terms & Conditions
This page (together with our Privacy Statement), tells you information about us and the legal terms and conditions (“Terms”) on which you may use the software application (“Software”) on our website and otherwise (“Services”).
These Terms will apply to any contract between us in relation to the Services (“Contract”). Please read these Terms carefully and make sure that you understand them, before using the Services. Please note that by using our Services you will be deemed to have accepted and agree to these Terms. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10/11/2014.
These Terms, and any Contract between us, are only in the English language.
1 Information about us
1.1 We operate the website www.motocal.com (“Website”). We are Titan Technologies Limited, trading as “Motocal”, a company registered in Guernsey under company number 57052.
1.2 Contacting us if you are a consumer:
1.2.1 If you wish to contact us for any reason, including because you have any complaints, you can contact our customer service team via our Website contact page or by e-mailing us at firstname.lastname@example.org.
1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You can contact our customer service team via our Website contact page or by e-mailing us at email@example.com.
2 The Service
2.1 You may use the Software solely for purposes of enabling you to use and enjoy the Services as provided by Motocal on the Website, and as permitted by these Terms.
2.2 You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, assign, commercially exploit, disclose, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part.
2.3 You may not use the Software for any illegal purpose. We may cease providing any Software and we may terminate your right to use any Software and or the Website at any time.
2.4 Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of these Terms
2.5 All Software used in any Service is the property of Motocal or its software suppliers and protected by international copyright laws.
2.6 Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, mirror, frame, download, display, transmit, distribute all or any portion of the Software, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
2.7 In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
2.8 You may use the Services to create designs on the Website using the technology provided by the Software to the specifications you require.
2.9 You will be prompted to answer a series of questions to facilitate the design and specifications. Extreme care and attention must be applied to answering these questions accurately. If you order a design created by the Software using the Services, the decal created will be manufactured to conform to the information you provide and the decal is only to be used in the exact manner detailed. We accept no responsibility in any way in the event that the end-product is used for any other purpose other than as described to us.
3 Use of our Website
Your use of the Website is governed by these terms and conditions. Please take the time to read these, as they include important terms which apply to you.
4 How we use your personal information
We only use your personal information in accordance with our Privacy Statement [www.motocal.com/about/privacy]. Please take the time to read our Privacy Statement as it includes important terms which apply to you.
5 If you are a business customer
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Services.
5.2 These Terms and our Privacy Statement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Statement.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6 Prohibited uses of the Website and the Services
You may use the Software and the Website and avail of the Services for lawful purposes. You may not use the Services or the Website:
6.1 in any way that breaches any applicable local, national or international law or regulation;
6.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.3 to cause distress or offence to any person;
6.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
6.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
7 Content Standards
These content standards apply to any use of the Software and the Website and in the event you order an ancillary product in the form of a decal (“Ancillary Product”). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of the Service. You must not create a design or use the Software in a way which:
7.1 contains any material which is defamatory of any person;
7.2 contains any material which is obscene, offensive, hateful or inflammatory;
7.3 promotes sexually explicit material;
7.4 promotes violence;
7.5 promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.6 infringes any copyright, database right or trade mark of any other person;
7.7 be likely to deceive any person;
7.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.9 promotes any illegal activity;
7.10 is threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
7.11 is likely to harass, upset, embarrass, alarm or annoy any other person;
7.12 is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
7.13 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, computer misuse, drug offences or violence.
In addition to complying with our acceptable use policy, you agree that all material uploaded by you onto our Website will be done at your own risk. You must retain a copy of all material you upload. We expressly exclude all liability for any uploaded material which is lost or damaged during or after the uploading process.
Failure to follow the Website’s preparatory instructions for uploading or editing your material may result in designs of poor quality. We accept no responsibility for poor quality designs or Ancillary Products in those circumstances.
We reserve the right to refuse to accept or cancel any order which we feel, in our absolute sole discretion, infringes the above content standards, prohibited uses, or any other provisions of our terms and conditions of business.
We use reasonable endeavours to ensure that the information we use to generate the design and Ancillary Product is accurate (for example but not limited to race and competition specifications and requirements, size, dimensions and vehicle models). However, it is up to you to ensure that this information is accurate, conforms to your requirements and does not infringe our content standards and prohibited uses, and that the original copyright holder of information has consented to the information being used.
8 Customer Indemnification of us
8.1 You agree to fully reimburse us and our affiliates, employees, agents, representatives and third party service providers for all costs, expenses, damages and losses suffered or incurred as a result of your:
8.1.1 submissions to the use of the Website and its features and the Services;
8.1.2 unauthorised use of material; and/or
8.1.3 breach of the Contract.
8.2 It is up to you to take precautions to ensure that whatever computer equipment and/or software selected for use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. In no event will we be liable to you or any other party associated with you from any direct, indirect, special or other consequential damages for any use of the Website, Services or the Ancillary Product, or any other hyperlinked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the information handling system or otherwise, even if we have been expressly advised of the possibility of such damages.
9 How an Ancillary Product is ordered
9.1 Our shopping pages will guide you through the steps you need to take to place an order with us for the Ancillary Product. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
9.2 After you place an order for an Ancillary Product, you will receive an e-mail from us acknowledging that we have received and accepted your order. This email will form the additional Order Contract between us and you.
9.3 We may but are under no obligation to send you an e-mail that confirms that the Ancillary Product has been dispatched and/or an email providing information in relation to estimated delivery dates.
9.4 If we are unable to supply you with an Ancillary Product, for example because that Ancillary Product is not in stock or no longer available or because we cannot meet your requested specification or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Ancillary Product, we will refund you the full amount.
10 Our right to vary these Terms
10.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
10.2 Every time you order an Ancillary Product from us, the Terms in force at the time of your order will apply to the Contract and Order Contract between you and us.
10.3 We may revise these Terms from time to time to reflect the following circumstances:
10.3.1 changes in relevant laws and regulatory requirements[; and OR .]
11 The Ancillary Product
11.1 Prior to producing or manufacturing the Ancillary Product, we provide you with an electronic preview of the Ancillary Product (“Electronic Preview”). You choose at this stage of you accept the specifications of the Ancillary Product and by proceeding to the next stage to order the Ancillary Product, you accept the specifications of the Ancillary Product as displayed to you on the Electronic Preview.
11.2 You will be entirely responsible for the application of the Ancillary Product. At times, we may provide guidance on how to apply the Ancillary Products; however, you follow such guidance entirely at your own risk.
11.3 You are entirely responsible for approving the Electronic Preview which has been tailored to your specifications and we are in no way responsible or liable to you for any errors, mistakes, pictures, dimensions, size or otherwise produced in the Electronic Preview once accepted.
11.4 The images of the Ancillary Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Ancillary Products. Your Ancillary Product may vary slightly from those images.
11.5 The packaging of the Ancillary Product may vary from that shown on images on our site.
12 Your consumer right of return and refund
12.1 If you have customised the specifications of the Ancillary Product, you have no right to cancel the Contract, return the Product or receive a refund unless the Ancillary Product:
12.1.1 does not match the specification in the Electronic Preview;
12.1.2 is faulty;
12.1.3 is damaged; and/or
12.1.4 is not delivered within 45 days of ordering the Ancillary Product (unless an Event Outside our Control arises).
In these situations, you must e-mail us by forwarding our order confirmation email and include details of the issue with photographic evidence if necessary. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. All further steps will be detailed by email in response to your email.
12.2 If you are entitled to cancel your Order Contract we will:
12.2.1 refund you the price paid in full. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
12.2.2 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
22.214.171.124 if you have received the Ancillary Product and we have not offered to collect it from you: 14 days after the day on which we receive the Ancillary Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Ancillary Product back to us. For information about how to return a Ancillary Product t to us, see clause 11.5;
126.96.36.199 if you have not received the Ancillary Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Order Contract.
12.3 If you have returned the Ancillary Products to us under this clause 12 because they are faulty or mis-described, we will refund the price in full, and any reasonable costs you incur in returning the item to us.
12.4 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Ancillary Product we may refund you in vouchers.
12.5 If you are entitled to cancel, then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Order Contract.
12.6 If the Ancillary Product is allegedly damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of you.
13.1 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 21 for our responsibilities when this happens.
13.2 Delivery shall be completed when we deliver the Ancillary Product to the address you gave us and the Ancillary Product will be your responsibility from that time.
13.3 You own the Ancillary Product (not the design) once we have received payment in full.
This clause 13.5 only applies if you are a consumer.
14 International delivery
14.1 We deliver to the countries listed on the order page of the Website (“International Delivery Destinations”).
14.2 If you order Ancillary Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
14.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
14.4 You must comply with all applicable laws and regulations of the country for which the Ancillary Products are destined. We will not be liable or responsible if you break any such law.
15 Price of products and delivery charges
15.1 The price of the Services will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
15.2 Prices may change from time to time, but changes will not affect any order you have already placed.
16 How to pay
16.1 You can only pay using a debit card or credit card and potentially PayPal.
16.2 Payment for the Service will be made at the time of order. We will charge your debit card or credit card (or PayPal account if applicable) at the time an order is made.
16.3 All payments are processed by a PSP (Payment Service Provider), UGP.
17 Our liability if you are a business
This clause 16 only applies if you are a business customer.
17.1 We only supply the Service for internal use by your business, and you agree not to use the Service for any resale purposes.
17.2 Nothing in these Terms limits or excludes our liability for:
17.2.1 death or personal injury caused by our negligence; or
17.2.2 fraud or fraudulent misrepresentation.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the use of the Software, Services or Website or Ancillary Product in any way including under the Contract or Order Contract for:
17.3.1 any loss of profits, sales, business, or revenue;
17.3.2 loss or corruption of data, information or software;
17.3.3 loss of business opportunity;
17.3.4 loss of anticipated savings;
17.3.5 loss of goodwill; or
17.3.6 any indirect or consequential loss.
17.4 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the use of the Software, Services, Website or Ancillary Product in any way including under the Contract or Order Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the designs or the Ancillary Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the designs or Ancillary Products are suitable for your purposes.
18 Our liability if you are a consumer
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
18.2 We only supply the Ancillary Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
18.3.1 death or personal injury caused by our negligence; or
18.3.2 fraud or fraudulent misrepresentation.
19 Intellectual Property
19.1 The Website, Software and Services are owned and operated by us. Content includes: text, graphics, logos, designs, photographs, document layouts, text, font, software tools, music, audio clips, trademarks, software server information, and anything else hosted on the Website (“Content”). All rights to Content, Software, Services, and server information are reserved. Any modification made to the Content of the Website by a third party is a violation of our copyright. Additionally, the Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. All rights in the Website, Software, Services and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms. We reserve the right to add to, delete from, edit, vary, alter or modify any part of the Software, Services, or Content at any time without prior notice.
19.2 Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Website or any information displayed on the Website, through the use of framing or otherwise, except:
19.2.1 as expressly permitted by these Terms; or
19.2.2 with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Website, if applicable.
19.3 The Motocal logo, name, and other marks indicated on the Website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions, including the USA. Motocal’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Motocal. Motocal’s trademarks and trade dress may not be used in connection with any product or service that is not Motocal’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Motocal. All other trademarks not owned by Motocal that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Motocal.
19.4 You agree that as an express condition of the holding of an account with us is that you shall not use the Services offered by us on the Website to infringe the intellectual property rights of others in any way. We reserves the right, with or without notice, to terminate forth with your account if you infringe (or are alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Website.
19.5 You must not upload or use any material on the Website that would breach any third party rights to such material unless you have their express consent. We have the right to disclose your identity to any third party claiming that any material uploaded by you to our Website constitutes a violation of their rights.
19.6 We reserve the right to add to, delete from, edit, vary, alter or modify any part of any material used or created by you on our Website at any time without prior notice.
19.7 We reserve the right to use, market, display or promote any material used or created by you on the Website for marketing, promotional, demonstration purposes or otherwise.
20 Copyright Complaints by Third Parties
We respect the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
20.1 an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
20.2 a description of the copyrighted work that you claim has been infringed;
20.3 the place where the material that you claim is infringing is located on the Website;
20.4 your address, telephone number, and email address;
20.5 a statement that your claim of infringement is based on a good-faith belief; and
20.6 a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
21 Events outside our control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
21.2 An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
21.3.1 we will contact you as soon as reasonably possible to notify you; and
21.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Ancillary Products you have already received and we will refund the price you have paid.
22 Communications between us
22.1 When we refer, in these Terms, to “in writing”, this includes e-mail.
22.2 If you are a consumer you may contact us as described in clause 1.1.
22.3 If you are a business:
22.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
22.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
22.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
22.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23 Other important terms
23.1 We may transfer our rights and obligations under an Order Contract or Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
23.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
23.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
23.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.6 If you are a consumer, please note that these Terms are governed by the laws of the island of Guernsey. This means an Order Contract for the purchase of Ancillary Products through our site and any dispute or claim arising out of or in connection with it will be governed by Guernsey law. You and we both agree to that the courts of the island of Guernsey will have non-exclusive jurisdiction.
23.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the island of Guernsey.
23.8 If you are a business, we both irrevocably agree that the courts of the island of Guernsey shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
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