NEW BIKE LOCATER SITE TERMS AND CONDITIONS

DRAFT 4: 9 MARCH 2023

Welcome to Suzuki’s new bike locater website. These terms (“Terms”) set out the legal terms regarding your reservation of a new Suzuki vehicle, as well as other terms about how the Site works and [exclusions of our liability].

Who We Are

buy.bikes.suzuki.co.uk is a website (“Site”) operated by Suzuki GB PLC ("We" “Our” “Us” or “Suzuki”). We are registered in England and Wales under company number 00768587 and have our registered office at Steinbeck Crescent, Snelshall West, Milton Keynes, Buckinghamshire, MK4 4AE. Our VAT number is GB644310075.

By using our Site you accept these Terms. We recommend that you print a copy of these Terms for future reference.

Suzuki, like most motorcycle manufacturers, does not sell motorbikes directly to consumers. We operate a network of independently owned dealerships. Those dealers are franchisees of Suzuki, meaning that they are separate legal entities that are not a part of Suzuki’s legal structure and not under our control or authority. They have a dealer agreement under which they agree to sell Suzuki bikes to members of the public and business users.

How It Works

This Site is designed to allow you to find new Suzuki bikes that you like from our network of UK dealers. Once you have found a bike, you can click on it and follow the instructions to reserve that bike. The process will ask several questions about you and any personal data collected by us will be passed on to the dealer that has the bike you wish to buy, and will also be processed by us in accordance with our privacy policy available here.

If you decide to reserve a bike, we will take that reservation for you and pass it to the dealer that has the bike you have chosen. We are acting at all times as the agent of our dealer.

Your Reservation Fee

When you reserve a bike using the Site, you will be asked to pay a refundable reservation fee of £99. This reservation fee will be paid via PayPal, a third party payment processor, directly to the dealer (not to us). If you have not made contact with the dealer within 3 days from the day after you place your reservation, the reservation fee will be returned to you by the dealer. It will be repaid to the account or card from which payment was taken, typically within 3 days (subject to processing time by the payment provider).

If you do decide to proceed with a transaction but, before the contract to purchase a bike is concluded you decide not to proceed with the purchase for any reason, your reservation fee will be repaid to you by the dealer. This will be done promptly and in any event within 10 days from the date you decide not to proceed.

Other Important Terms

These Terms of use refer to the following additional terms, which also apply to your use of our Site or reserve a bike using our Site:

• If you decide to purchase the bike you reserved via our Site, you will be entering into a contract with a Suzuki dealer (not with us) to purchase a bike. We are not a party to that contract. The terms governing your purchase of the bike will be contained in the contract with the dealer, which the dealer will make available to you. Your deposit will be credited to your purchase of the bike by the dealer.
• Any personal data you provide to us will be governed by our Privacy Policy.
• Our Cookie Policy also applies to your use of this Site, which sets out information about the cookies on our Site.

We May Make Changes To These Terms Or Site

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 that apply at that time. We may also update and change our Site from time to time.

Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this Agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our Site is only for users in the United Kingdom.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are not authorised to use or reproduce any of intellectual property rights available on this Site.

Information Disclaimer

Sometimes the information on our Site about bikes may contain inaccuracies. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. You must check the information about any bike that you reserve with your dealer prior to completing your contract to purchase a bike. If you are in any doubt, ask more questions and don’t proceed until you feel comfortable.

We Are Not Responsible For Websites We Link To

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Uploading Content To Our Site

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you warrant that any such contribution is lawful, does not contain offensive, distasteful, or inappropriate contact, is not racist, sexist or other discriminatory in content or meaning and does not contain anything illegal, immoral or likely to impinge on our reputation or that could cause upset or distress to other uses of the Site, other partner business of Suzuki GB PLC or our group companies. We reserve the right to remove user generated content at any time, for any reason (or none at all).

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to publish, distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

Viruses & Linking

We are not responsible for viruses on this Site, and you must not introduce them. We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our Site will cease immediately.

You must not establish a link to our Site without our permission. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

Governing Law & Jurisdiction

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.