Terms and conditions of use

TERMS AND CONDITIONS OF USE OF THE GOEVEREST WEBSITE AND MOBILE APPLICATION

These terms of use apply to the use of our website, https://www.goeverest.us/ (“Website”) and our mobile application GOEVEREST (“Application”) (together known as the “Sites”).
BY USING OUR WEBSITE OR DOWNLOADING OUR APPLICATION, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND AGREE TO ABIDE BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT USE OUR WEBSITE OR DOWNLOAD OUR APPLICATION.

The Sites are operated by GOEVEREST GROUP LIMITED, located at 125 Wood Street, London, England EC2V 7 AW, United Kingdom (“We” or “Us”). We are registered in England and Wales under company number 13599679. We grant you a license to use our Application and/or our Website as permitted by these terms of use. To contact us regarding these terms and conditions, please email privacy@goeverest.us. Our privacy policy, available at www.goeverest.com/politica-de-privacidad/, also applies to your use of our Sites.

We may modify these terms from time to time. Each time you wish to use our Sites, please regularly check these terms to ensure you understand the terms that apply at that time. We may also update and change our Sites, including the content of our Sites and products available for sale, without notice, including discontinuation of models, parts, accessories, clothing, and other items or specification changes.

Our Sites are available free of charge. We do not guarantee that our Sites, or any content on them, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Sites for business or operational reasons. Our Sites may occasionally be unavailable due to mechanical, telecommunications, software, hardware, or third-party failures. We cannot predict or control when such downtime will occur or its duration.

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 comply with them.

The content of our Sites is provided for general informational purposes only. It is not intended as advice you should rely on. You should seek professional or specialist advice before taking or refraining from any action based on the content of our Sites.

Although we make reasonable efforts to update information on our Sites, we make no representations, warranties, or promises, express or implied, that the content on our Sites is accurate, complete, or up to date. In particular, we are not responsible for typographical errors, outdated information, technical inaccuracies or pricing errors, typos, or other errors appearing on our Sites.

Please note that this Website contains images of motorcycles featuring accessories, which may or may not be indicated. We disclaim any liability for any misunderstanding this may cause about any standard specification.

Application System Requirements and Updates
If you are using the Application, the ways you can use it and related documentation may also be subject to the rules and policies of the relevant app store (which may be Google or Apple) (“App Store Rules”). Specifically, note that the use of the map tool in our Application will be subject to: (1) Google’s Privacy Policy at https://www.google.com/policies/privacy/; and (2) the Additional Google Maps/Google Earth Terms of Service at https://maps.google.com/help/terms_maps.html.

In any conflict or inconsistency between these terms of use and the App Store Rules, the App Store Rules will prevail.

Please refer to the relevant pages on our Website at www.phelonanadmoore.com/privacy-policies for more information about the Application, including its functionality and compatible devices tested with the GOEVEREST connectivity module.

We grant you the personal right to use the Application as stated above. You may not transfer the Application to another person, whether for money, any other reason, or for free. If you sell a device with the Application installed, you must remove the Application from it.

From time to time, we may automatically update the Application and change the services available in the Application to improve performance, enhance functionality, reflect operating system changes, or address security issues. Alternatively, we may ask you to update the Application for these reasons.

If you choose not to install such updates or opt out of automatic updates, you may not be able to continue using the Application and the services available within it.

If you download or stream the Application on a phone or device that does not belong to you, you must have the owner’s permission to do so. You will be responsible for complying with these terms whether or not you own the phone or other device.

By using the Application, you agree that we may collect and use technical information about the devices on which you use the Application and related software, hardware, and peripherals to improve our products and provide our services. To the extent we collect and use personal data, please consult our privacy policy available at www.phelonanadmoore.com/privacy-policies.

License Restrictions

You agree to:

Comply with all applicable laws regarding your use of the Sites.
Not rent, lease, sublicense, lend, provide, or otherwise make the Sites available to any person without our prior written consent.
Not copy the Sites except as part of normal use of the Application or when necessary for backup or operational security purposes, or as otherwise stated in these terms.
Not translate, combine, adapt, vary, alter, or modify the whole or any part of the Sites, nor allow the Sites or any part of them to be combined with or incorporated into other programs, except as necessary to use the Sites on devices permitted by these terms.

You must keep your account login details secure. If you choose or are provided with a username, password, or other information as part of our security procedures, you must treat it as confidential and not disclose it to third parties.

We reserve the right to disable any username or password, chosen by you or assigned by us, at any time if, in our reasonable opinion, you have failed to comply with any provision of these terms of use.

If you know or suspect someone other than you knows your username or password, you must notify us immediately by emailing privacy@phelonandmoore.us.

How You May Use Material on Our Sites
We own or license the Application and all textual, graphical, and other content appearing on the Sites. Such materials are protected by copyright laws and international treaties. All rights reserved. You do not have intellectual property rights over the Sites or the content of the Sites except the right to use them in accordance with these terms.

You may view, copy, print, and use content from our Sites only for your personal use, provided that:

It is used solely for informational and non-commercial purposes.
You do not modify printed or digital copies of downloaded materials in any way.
You do not use or copy any photographs, videos, audio clips, or graphics separately from any accompanying text.

Our status and that of our contributors identified as authors of content on our Sites must always be acknowledged.

If you print, copy, or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately, and you must, at our option, return or destroy any copies of materials you have made.

Third-Party Websites
When our Sites contain 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 endorsement by us of those linked websites or the information you may obtain from them. We have no control over the content of those sites or resources.

You may link to our Website homepage provided you do so in a fair and legal manner and do not damage or take advantage of our reputation. You must not create a link in a way that suggests any form of association, approval, or endorsement on our part where none exists.

User-Generated Content
Our Sites may include information and materials uploaded by other users of our Sites. This information and these materials have not been verified or approved by us. Opinions expressed by other users on our Sites do not represent our views or values.

Whenever you use a feature that allows you to upload content to our site or contact other users of our site, you must ensure your content:

Is accurate when stating facts and genuinely held when expressing opinions.
Complies with applicable laws of England and Wales and any country from which it is published.
Is not defamatory, misleading, obscene, threatening, abusive, offensive, hateful, or inflammatory.
Does not promote sexually explicit material, violence, discrimination, or illegal activity.
Does not infringe any intellectual property rights of others.
Does not breach any legal obligation to a third party, such as a duty of confidentiality.
Does not impersonate any person or misrepresent your identity or affiliation with any person.

You warrant that any contribution meets these standards and will be liable to us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer due to your breach of warranty. We have the right to remove any post you make on our site if, in our judgment, your post does not meet the above content standards.

If you use our sites to submit feedback, suggestions, or inquiries, such as ideas, comments, suggestions, or questions ("User Content"), such User Content is considered non-confidential and non-proprietary, and you retain ownership rights over your content. However, you grant us a license to reproduce, use, store, disclose, and distribute such User Content and make it available to third parties without limitation.

We also have the right to disclose your identity to any third party claiming that any content posted or uploaded by you on our site constitutes a breach of their intellectual property rights or privacy.

You are solely responsible for securing and backing up your content.

Safe Riding
Photographs and videos on our sites show GOEVEREST motorcycles being used by expert professional riders wearing protective gear under controlled conditions on closed circuits. We do not endorse or encourage stunts, tricks, or any form of irresponsible riding.

The motorcycles shown in our videos are street-legal motorcycles with limited off-road capability. Light off-road use includes use on unpaved roads, dirt or gravel roads, but does not include riding on motocross circuits, off-road competitions, or off-road riding with passengers. Light off-road use does not include jumps or riding over obstacles. Stunts or tricks shown in our photos and videos should not be attempted at home.

At GOEVEREST, we want every ride to be safe and enjoyable. Always ride safely, defensively, and within the law. Ride within your abilities, take riding skills courses, and use protective gear. Never ride under the influence of alcohol or drugs. Always wear an approved helmet, eye protection, and appropriate protective clothing and require the same of any passengers. Study your owner’s manual and inspect your GOEVEREST motorcycle before riding.

Our app may be used to provide directions during your trip. If you wish to use that feature of our app, you should not use our app or the My GOEVEREST connectivity system in a way that might distract you while riding.

You should not use any other features of our app nor use our app for any other purpose while riding.

You should never use our website while riding.

GOEVEREST shall have no liability to you or any third party as a result of your riding in breach of this section (Safe Riding).

Our Liability for Loss or Damage Suffered by You
We do not exclude or limit our liability to you where it is illegal to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents, or subcontractors, as well as for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability shall apply in relation to liability arising from the supply of products, which will be set out in our Supply Terms and Conditions provided when you purchase products on our Sites.

We provide our Sites for domestic and private use only. You agree not to use our Sites for any commercial or business purpose, and we shall have no liability to you for loss of profits, business loss, business interruption, or loss of business opportunity.

If defective digital content we supply damages a device or digital content you own, and this is due to our failure to use reasonable care and skill, we will repair the damage or pay compensation. However, we will not be liable for damage you could have avoided by following our advice to apply a free update or for damages caused by improperly following installation instructions or not having the recommended minimum system requirements.

If we do not comply with these terms, we are responsible for loss or damage you suffer as a foreseeable result of our breach or failure to use reasonable care and skill, but we will not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

Territory
All information on our Sites refers to the UK market. It may be accessed by international users, but users should be aware that some products, programs, and services may not be available in their country due to market, technical, or legislative restrictions. Motorcycle and accessory specifications may vary from country to country. The specifications shown on our UK Sites refer only to the UK. Note that many countries prohibit the import, registration, and/or use of vehicles and accessories that do not meet that country’s specifications. Please check with your local dealer for availability of models, accessories, and clothing.

Security
We do not guarantee our Sites are secure or free of errors or viruses.

You are responsible for configuring your device, IT, software, and platform to access our Sites. You must use your own virus protection software.

You must not misuse our Sites by introducing viruses, trojans, worms, logic bombs, or other technologically harmful or malicious material. You must not attempt to gain unauthorized access to our Sites, the server on which our Sites are stored, or any server, computer, or database connected to our Sites. You must not attack our Sites by a denial of service or distributed denial of service attack. Breaching this provision would be a criminal offense under the Computer Misuse Act 1990. We will report any breach to the relevant law enforcement authorities and cooperate with them by providing your identity. In such a breach, your right to use our Sites will cease immediately.

Please note that transmissions over the internet are never completely private or secure, and any message or information you send using the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Parts and Accessories
We recommend using only genuine GOEVEREST parts and accessories on GOEVEREST motorcycles, and they should be installed only by an authorized GOEVEREST motorcycle dealer. We accept no responsibility for defects caused by fitting unapproved parts, accessories, or conversions, nor by fitting approved parts, accessories, or conversions by unauthorized personnel. Fitting unapproved parts, accessories, or conversions, or fitting parts, accessories, or conversions approved by an unauthorized dealer, may affect the handling, stability, or operation of the motorcycle, which may result in an accident causing serious injury or death. In particular, it is extremely dangerous to fit or replace parts or accessories that require dismantling or adding to the electrical or fuel system.

Termination
If we terminate your rights to use the Sites:

You must stop all activities authorized by these terms, including use of the Sites.
You must delete or remove the app from all devices in your possession and immediately destroy all copies of the app you have and confirm to us that you have done so.
We may remotely access your devices and remove the app from them and stop providing you with access to services available through the app.

Governing Law and Jurisdiction
These terms of use, their subject matter, and formation (and any non-contractual disputes or claims) are governed by English law. Both parties agree that the courts of England and Wales will have exclusive jurisdiction.

Alternative Dispute Resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and tries to resolve it without you having to go to court. If you are dissatisfied with how we handle a complaint, you may contact the local Trading Standards service found at https://www.tradingstandards.uk/consumers/support-advice. Also, note that disputes may be submitted for online resolution via the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.