©2018 Au Cycling Ltd 

AU Wheels is a UK manufacturer of bicycle wheels and apparel.  We specialise in providing high performance cycling products to help you get the most from your riding experience.  The AU brand and product families of Helium, Neon and Xenon are wholly owned by AU Cycling Ltd.

Contact: 

 

Call: +44 (0)7990 590581

email: info@auwheels.com

TERMS & CONDITIONS

OVERVIEW:

 

This website is operated by Au Wheels Ltd. and operates on behalf of Au Events Ltd. in addition to other AU group companies, henceforth collectively known as “Au”. Throughout the site, the terms “we”, “us” and “our” refer to Au. Au offers this website and any events including, but not limited to, events, displays, pop-up shops, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, events and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current website or store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

DATA PROTECTION:

Au is committed to protecting your privacy and ensuring that we comply with the relevant data protection and privacy laws.  This data protection policy details how we will use and protect your information.

Throughout the policy any references to Au means any and all businesses owned or operated by Au, including subsidiaries and affiliates.  These may also be referred to as “We, Us or Our”.

In order to carry out our business, Au needs to collect and use certain types of information about you. This personal information will be collected and dealt with appropriately whether is collected on paper, stored in a computer database, or recorded on other material and there are safeguards to ensure this under the Data Protection Act 1998.

By supplying us with your personal information, you are acknowledging and agreeing to our use of your data in accordance with this data protection policy.

 

Au is the Data Controller under the Act, which means that it determines what purposes personal information held, will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.

Au may share data with other agencies such as the local authority, funding bodies and other voluntary agencies.

 

There are circumstances where the law allows Au to disclose data (including sensitive data) without the data subject’s consent.  

These are:

  • Carrying out a legal duty or as authorised by the Secretary of State

  • Protecting vital interests of a Individual/Service User or other person

  • The Individual/Service User has already made the information public

  • Conducting any legal proceedings, obtaining legal advice or defending any legal rights 

  • Monitoring for equal opportunities purposes – i.e. race, disability or religion

  • Providing a confidential service where the Individual/Service User’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Individuals/Service Users to provide consent signatures.

 

Au regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of you, our customers.

Au intends to ensure that personal information is treated lawfully and correctly.

To this end, Au will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998.

 

Specifically, the Principles require that personal information:

  • Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,

  • Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,

  • Shall be adequate, relevant and not excessive in relation to those purpose(s)

 

  • Shall be accurate and, where necessary, kept up to date,

  • Shall not be kept for longer than is necessary

  • Shall be processed in accordance with the rights of data subjects under the Act,

  • Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,

  • Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of Individuals/Service Users in relation to the processing of personal information.

 

Au will, through appropriate management and strict application of criteria and controls:

  • Observe fully conditions regarding the fair collection and use of information

  • Meet its legal obligations to specify the purposes for which information is used

  • Collect and process appropriate information, and only to the extent that it is needed to fulfill its operational needs or to comply with any legal requirements

  • Ensure the quality of information used

  • Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:

    • The right to be informed that processing is being undertaken,

    • The right of access to one’s personal information

    • The right to prevent processing in certain circumstances and

    • The right to correct, rectify, block or erase information which is regarded as wrong information)

  • Take appropriate technical and organisational security measures to safeguard personal information

  • Ensure that personal information is not transferred abroad without suitable safeguards

  • Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information

  • Set out clear procedures for responding to requests for information

 

Au will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected by Au or its staff through your interaction with us in person, through website, by phone, email or completion of forms.

 

When collecting data, Au will ensure that you:

  • Clearly understand why the information is needed

  • Understand what it will be used for and what the consequences are should the Individual/Service User decide not to give consent to processing

  • As far as reasonably possible, grant explicit consent, either written or verbal for data to be processed

  • are, as far as reasonably practicable, competent enough to give consent and have given so freely without any duress

  • Have received sufficient information on why your data is needed and how it will be used

  • Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.

  • Information will be stored for only as long as it is needed or required statute and will be disposed of appropriately.

 

It is Au’s responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party.

 

All Individuals/Service Users have the right to access the information Au holds about them. Au will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.

 

In addition, Au

will ensure that:

  • It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection

 

  • Everyone processing personal information understands that they are contractually responsible for following good data protection practice

 

  • Everyone processing personal information is appropriately trained to do so

 

  • Everyone processing personal information is appropriately supervised

 

  • Anybody wanting to make enquiries about handling personal information knows what to do

 

  • It deals promptly and courteously with any enquiries about handling personal information

 

  • It describes clearly how it handles personal information

 

  • It will regularly review and audit the ways it holds, manages and uses personal information

 

  • It regularly assesses and evaluates its methods and performance in relation to handling personal information

 

All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them

 

This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.

 

It is your right to discuss your data with us and request to see what data we hold about you.  It is our intention to operate openly and honestly with you so if you have any requests, concerns or questions, please contact Au Cycling’s Data Protection Officer below:

 

Chris Hamlin

Data Protection

Au Cycling Ltd.

146 Park Road

NORWICH

NR10 3NP

UK

info@auwheels.com

 

Glossary of Terms:

 

Data Controller – The person who (either alone or with others) decides what personal information Au will hold and how it will be held or used.

 

Data Protection Act 1998 – The UK legislation that provides a framework for responsible behaviour by those using personal information.

 

Data Protection Officer – The person(s) responsible for ensuring that Au   

 follows its data protection policy and complies with the Data Protection Act 1998.

 

Individual/Service User – The person whose personal information is being held or processed by Au for example: a client, an employee, or supporter.

 

Explicit consent – is a freely given, specific and informed agreement by an Individual/Service User in the processing of personal information about her/him. Explicit consent is needed for processing sensitive data.

 

Notification – Notifying the Information Commissioner about the data processing activities of Au, as certain activities may be exempt from notification.

 

Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 1998.

 

Processing – means collecting, amending, handling, storing or disclosing personal information.

 

Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees.

Sensitive data – refers to data about:

  • Racial or ethnic origin

  • Political affiliations

  • Religion or similar beliefs

  • Trade union membership

  • Physical or mental health

  • Sexuality

  • Criminal record or proceedings

 

COOKIES AND WEB TRACKING:

 

When using Au’s websites or online account services information may be placed on your computer that allows us to recognise that computer.  These are usually, but not always, in the form of a text file and are generally grouped under the term “cookies”.

We use “cookies” to enhance your experience when interacting with us and to fine-tune your website experience.

Using “cookies” allows additional functionality such as saving your password for a website, recognising your login information or ensuring that your shopping cart items remain in place while you continue to browse.

Cookies and related technologies are also used by us for traffic analysis.

Your use of Au’s web platforms confers agreement to this policy and grants us permission to use cookies where required by us.

ONLINE STORE TERMS:

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state, area or province of residence and, if applicable, you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS:

 

We reserve the right to refuse service or products to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES:

 

Prices for our products are subject to change without notice.  Pricing is offered in United Kingdom Pounds (GBP) and if you choose to purchase products in any other currency, you agree to indemnify us against any changes to the price paid resulting from currency conversion rates or bank/merchant charges.

 

If pricing is changed it will only apply to orders confirmed after the time of such changes.

Au will charge VAT on products automatically based on your purchase location, if applicable.  The charges will be displayed to you at the checkout stage and also on your order confirmation.

 

Pricing for products in our store may not include shipping and handling.  These charges will be displayed to you at the checkout before payment is made.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES:

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Au cannot guarantee the availability of any product shown on our website.  Should an item be found to be discontinued or out of stock after your order is placed we will endeavour to communicate this to you as soon as possible, where possible offering you an alternative product.

 

Au retains full legal title to all products until it has received all payment due on any order.

 

Au will attempt to deliver product on the timescales confirmed at point of order.  Delivery will be made by courier and the consumer must be present to accept delivery.  If the order is returned to us undelivered we assume you have exercised your right to cancel and will refund the purchase price minus the reasonable expenses incurred in order processing and restocking. 

 

In the case of custom or specialist product, the consumer understands that it may not be possible to resell items ordered and returned.  In the event that these products are returned, unless faulty, restocking fees may be all or a substantial portion of the product selling price.

 

Au cannot be held responsible for delays in production or delivery arising from or related to circumstances beyond its control.  These include but are not limited to fire, flood, acts of war or terrorism, inclement weather, failure of transport companies, earthquakes or other natural disasters.

 

RETURNS AND CANCELLATION:

 

It is our intention to provide superior products and services to you.  If after receiving your items you are not entirely happy with the products or service you’ve received, we would like you to tell us before doing anything else. 

 

You have a right to cancel your online order at any time within 14 days from receipt of your delivery.  In the event of cancellation, we will process any refund due within 14 days of receipt by us of returned products.

 

If you wish to cancel your order or have any questions, comments or feedback, please contact us by phone or by email to info@auwheels.com

 

We also provide a warranty against workmanship and defects with all of our wheels.  If you would like more information, please visit our warranty page at www.auwheels.com/warranty

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION:

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

An order and resulting contract will not be considered accepted by Au until we have provided a written order confirmation by email to you containing your order number and details of products purchased.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

OPTIONAL TOOLS:

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS:

 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

EVENT PHOTOGRAPHY AND VIDEO:

 

By entering any event or premises owned or controlled by Au, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Au and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Au events in the future, highlight the event and exhibit the capabilities of Au. You release Au, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. By entering the event or premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Au or the person or entity designated to do so by Au.

EVENT ATTENDANCE:

Entrants participating in any event organised by Au or a third party duly authorised to organise an event on behalf of Au shall abide by these terms.  Completion of an entry form or payment for an event for you, or on another entrant’s behalf constitutes acceptance of these terms. 

The Event Registration Form or purchase of an entry to an event must be completed by a person aged 18 years or over.  While participants under the age of 18 are often welcome at our events, these participants will only be allowed to participate with the consent of their parent or legal guardian who must sign the Event Registration Form or purchase a ticket on behalf of the underage rider. Signing or purchasing a ticket is also an acceptance for the actions and consequences of the underage rider. Under 16’s need to be accompanied at all times by an adult who is responsible for them.

The participant attends and rides the event under their own responsibility.  This includes while at the event HQ, food/drink stops and other sites operated by Au in addition to the track or public roads.  Au does not accept liability for the actions of participants, nor the consequences of those actions.

All participants agree that they are physically and mentally capable of riding the distance they have registered for.  If you are in any doubt about your health or fitness, please seek medical advice before attending the event.

Each participant will be fully responsible for any fees or costs incurred or arising from an accident or mechanical issue either involving or caused by the rider. This includes, but is not exclusive to, fees from Police, Air Ambulance, Fire and Rescue and the Ambulance service. If the situation arises that you are not capable of making the decision to call the emergency services, the rider agrees that Au or a member of the public may call for them. In this situation, the rider still accepts the costs and consequences of such actions.

We want all riders to be safe on the road so it is mandatory that all riders wear a safety approved cycling helmet complying with latest standards. Any rider involved in an incident and found not to be wearing a helmet will be considered not to be part of the event. The rider must accept this as a condition of entry.

The participant confirms that their equipment is of good repair and of safe standard to ride on the road/trail as applicable.  In particular, you should ensure that your equipment/bike is capable of riding the long distances usually involved in our events.  Au reserves the right to refuse entry to the event to anyone with inappropriate equipment or clothing.

Your chosen routes will be signposted at appropriate points.  Event signage may change without warning and the responsibility for following the correct route is yours alone.  Route plans may be provided as a GPS route but Au accepts no responsibility for the accuracy of such or different performances resulting from brands/type of Sat Nav used.

Most events will take place on public roads and as such you must adhere to the highway code and obey all road signage where present.  Au signage does not overrule official highways signage and the responsibility for obeying laws and regulations of the road are yours.  Event signage is used by Au as a guide only and we do not insist you follow the route shown.  The participant must decide for themselves whether a particular section of road/trial is within your capabilities and you do so entirely at your own risk.

Au reserves the right to alter or amend the route at any time, including shortening the distance.  It also may need to cancel the event due to circumstances beyond our control.  If cancellation or route changes occur, you will not be entitled to a refund of your entry fees.

If you have made the decision not to complete the event, or you are unable to for any reason, we ask that you contact the event HQ to advise us.  If a rider is believed to still be on the course at event closure we may at our discretion organise a search.  Not advising us of early withdrawal from the event means we may choose to bill for you the costs of such a search.

Event entry fees cannot be refunded or transferred under any circumstances.

 

Participation in our event is at the riders own risk. Insurance cover is provided for all riders against a third party claim arising as a result of accidental damage to a third party property whilst participating in an event. This insurance cover will be considered void if it is deemed a rider has acted negligently. No further insurance cover is provided by Au for riders participating in an event but we strongly recommend each rider organises their own personal insurance cover.

We want our environment to be left how we found it so riders must not drop or leave unwanted items at the event HQ, food/drink stops or on the course.  Riders found to be littering will be immediately disqualified.  This includes gel packets and other food/drink items consumed while riding.

ERRORS, INACCURACIES AND OMISSIONS:

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES:

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Au’s products are provided with information regarding their use and suitability, including but not limited to rider weight limits or on road/off road use.  This information is provided without warranty or guarantee as to the product’s suitability to the consumer’s needs.  It is the responsibility of the consumer to assess whether the product meets their intended use and personal circumstances.  It is also the consumer’s responsibility to use the product within the guidelines set out within this information.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Au, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION:

 

You agree to indemnify, defend and hold harmless Au and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY:

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION:

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT:

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW:

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English Law.

 

CHANGES TO TERMS OF SERVICE:

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION:

 

Questions about the Terms of Service should be sent to us at info@auwheels.com.