Welcome to the MotorcycleGold website ("MotorcycleGold" or the "site"), operated by Malcernie Applications Limited (the "operator"). MotorcycleGold is a consumer guide that enables consumers to compare products and prices from motorcycle dealers and online retailers and find other relevant information before making a purchase. MotorcycleGold and other content partners publish this information.
This site is the copyrighted property of Malcernie Applications Limited and/or its various third party providers and distributors, directors. Information found on this site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of Malcernie Applications Limited and/or its 3rd parties. However, this does not apply to downloading, copying and saving information from the website for personal use.
The trademarks, logos and service marks displayed on this site are registered and are common law Trademarks of Malcernie Applications Limited, its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of Malcernie Applications Limited or such other party that may own the Trademarks. Malcernie Applications Limited does not claim to own any of the 3rd party or affiliate retailers, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.
3.0 Use of Site
You may only use this site as a general guide to make price comparisons for your own private use and shall not use this site for any other purposes. You may download, display and print one copy of the material presented on this site for your personal, non-commercial use only. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. The use of content on any other web site or networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
4.0 Accuracy of Information
Product specifications and other information have either been made accessible by suppliers, manufacturers, retailers, publications, publicists; or been gathered from public-domain sources. The intention of MotorcycleGold is that all information on the website should be as accurate and up-to-date as possible. However, Malcernie Applications Limited cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. Malcernie Applications Limited as far is possible tries to ensure the accuracy of product and pricing information displayed on our site. However we urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the prices. Malcernie Applications Limited can not make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided. Malcernie Applications Limited can also not be held responsible for any loss or damage resulting from any business conducted with any company listed on MotorcycleGold or other Malcernie Applications Limited sites. If you want to report an error or have any questions please contact us.
5.0 Exclusion of Warranty
Malcernie Applications Limited cannot give any representation or warranty as to the accuracy, completeness and/or reliability of any content of the MotorcycleGold website, or as to any information contained on any website (whether of a retailer, an advertiser or otherwise) which is accessed via the MotorcycleGold website, or as to the fitness of MotorcycleGold for any particular purpose. Malcernie Applications Limited and any 3rd party providers and distributors make no warranty of any kind regarding the content of this site which is provided on an “as is” basis. Malcernie Applications Limited assumes no liability or responsibility for any errors or omissions in the content of the site
6.0 Applicable Law
This agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the exclusive jurisdiction of the courts of England and Wales. Any action you, any 3rd party or Malcernie Applications Limited bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of England and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
7.0 Intellectual Property Rights
You retain ownership of all intellectual property rights subsisting in the content you submit to us. However, by submitting content to MotorcycleGold, you grant to Malcernie Applications Limited a royalty-free world-wide non-exclusive licence for the duration of copyright to use your content, or any part of your content, in any way that Malcernie Applications Limited decides on the MotorcycleGold website, any other website or through any other medium and to permit others to do the same.
Malcernie Applications Limited assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images from the site. In no event shall Malcernie Applications Limited or any 3rd party be liable for any injury, loss, claim, damage, or any special exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitations loss of profits, business interruptions, or loss, corruption or misdelivery of data), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for subsequent purchases or decisions) or (iii) the performance on non-performance by Malcernie Applications Limited or any 3rd parties, even if such a party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, Malcernie Applications Limited or any third party should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Malcernie Applications Limited and the third parties shall in no event exceed the subscription fee and service charge for accessing this site. In its sole discretion, in addition to any other rights or remedies available to Malcernie Applications Limited and without any liability whatsoever, Malcernie Applications Limited at any time and without notice may terminate or restrict your access to any component of this site. Your use of and browsing in the site are at your risk. Neither Malcernie Applications Limited nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the site. (Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.) Malcernie Applications Limited cannot be held responsible for any technical malfunctions or disruptions to the services on offer on the website.
This site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by Malcernie Applications Limited, its third party providers or distributors of the contents of such other web sites. Malcernie Applications Limited has not reviewed all of the sites linked to the site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Malcernie Applications Limited make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
There is no charge payable to Malcernie Applications Limited for use of the site during the continuance of these Terms and Conditions. Malcernie Applications Limited shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
12.0 Programmes and Incentives
In the event of Malcernie Applications Limited offering a programme or incentive for users, participation requires the user to be logged into MotorcycleGold to enable tracking within the programme or incentive.
In the event of Malcernie Applications Limited offering you cashback on purchases at participating retailers, your account will be credited with the cashback when the retailer informs us of the transaction. Cashbacks based on a percentage of the value of a transaction are estimated for price comparison purposes and the actual cashback will be determined based upon the information received from the retailer. You should assume that the percentage is based upon the net price of the goods, not including VAT and shipping.
You agree that we need to be able to track your click through from MotorcycleGold to the retailer, passing a unique indentification to enable the transaction to be attributed to you. No personal information is transferred between us and the retailer apart from a unique code which does not identify you personally to the retailer. Therefore you agree that you are logged into MotorcycleGold before clicking participating retailer links, you have cookies enabled in your browser and that you make the transaction at the retailer site during the same browser session as when you clicked through from MotorcycleGold.
Confirmed cashbacks are paid on a monthly basis, on or around the 14th, when your balance is at least £20.00. Payment is made by PayPal, therefore you must have a valid PayPal account to receive payment. Malcernie Applications Limited reserves the right to reverse any cashback credit to your account if the retailer informs us that the transaction has been reversed for any reason or we believe there is fraudulent activity in your account.
14.0 Adding Content
In the event of MotorcycleGold enabling you to add content to the site in the form of reviews, competitions or other, Malcernie Applications Limited shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. Malcernie Applications Limited will not permit the publishing of content that may be illegal under UK or European law.
Malcernie Applications Limited reserves the right to change, at its sole discretion, the content, design, services provided or any other aspect of the MotorcycleGold website.
15.0 E-mail and Items Received
Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law. Malcernie Applications Limited will fully co-operate with any law enforcement authorities or court order requesting or directing Malcernie Applications Limited to disclose the identity of anyone posting any such e-mails or materials.
Malcernie Applications Limited will use its best endeavours to reliably and accurately present price and product information from retailers. MotorcycleGold is, however, provided on an "as is" basis and Malcernie Applications Limited does not make any representations or warranties as to the accuracy, completeness or validity of the information provided. Malcernie Applications Limited cannot be held liable for any consequential loss resulting from the information it provides.
Any decision made in relation to purchasing goods and/or services as a result of information obtained from MotorcycleGold is your sole responsibility.
No liability is excluded to the extent such exclusion would not be permitted by law.