FIT&FIND

- Find a bike. your size. your shape

Terms and Conditions

Terms and Conditions

Who are we?

Fit & Find Pty Ltd (hereinafter "Fit & Find" or "us" or "we" as the context requires) is a private limited company, registered in the UK (Reg No 08588560) based at 52 Windmill Rise, Kingston KT2 7TV. We are a provider of information to support a customer’s search for the right bike frame providing the customer with instant referrals to the manufacturer and online retailer websites. When our users find a bike they want, we connect them to the relevant online retailer to make a purchase direct with that third party. We do not make sales ourselves or hold any details of purchases or payments other than the membership fee itself.

These Terms

These terms and conditions govern your access to and use of this website and any other ‘Fit & Find’ branded or controlled website or section of a website (including, without limitation, a Fit & Find Facebook page or Twitter account) (the "Website") and any ' Fit & Find' branded applications (the "Apps"), as updated from time to time. Other services or materials operated or provided by Fit & Find or by third parties (including, without limitation, the “Bike Shortlist” service) may be subject to other terms and conditions, which will be indicated to you prior to use.

These terms and conditions constitute a legal agreement between you and Fit & Find (the "Agreement"). Please read them carefully before using the Website or Apps. By downloading, accessing or using the Website or Apps in any way, you are confirming that you have read and understood these terms and conditions and have agreed to be bound by them.

Fit & Find may amend these terms and conditions at any time at its discretion. If these terms and conditions are amended, Fit & Find shall display the revised terms and conditions on the Website and the Apps. You will be deemed to have accepted any amendments if you continue using the Website or Apps after the amendments are displayed.

If you do not agree to comply with these terms and conditions or any amendments to them, please stop using the Website and Apps immediately.

Online Shopping

The ‘Online Shopping’ service (“Online Shopping”) allows you to review certain bike frames offered by our third party online retailers (“Online Retailers”). Your use of the Online Retailers, and the collection, processing and storage of any personal data (including payment details) provided by you pursuant to that service, will be governed by the relevant Online Retailer’s terms of service and privacy policy as notified to you via the Online Shopping Service. You understand and agree that if you encounter any problems with the transaction or with the reservation you book in that transaction, you must resolve your dispute with the Online Retailer and that your sole remedy in such circumstances, including any refund, lies with the Online Retailer and not with Fit & Find.

1.       Use of the Website and Apps

1.1.    Fit & Find operates and controls the Website and Apps and provides them to you in its absolute discretion.

1.2.    In consideration of you agreeing to abide by these terms and conditions, we grant you a non-transferable, non-exclusive licence to download, access and use the Website and/or Apps for your own personal, non-commercial purposes and for no other purpose, subject to these terms and conditions and the privacy policy referred to below.

1.3.    Fit & Find may withdraw or change the Website or Apps at any time in its absolute discretion, including, but not limited to, suspending access to the Website or Apps, inserting advertising in the Website or Apps and limiting the number of bikes that can be accessed using the Website.

1.4.    In consideration of Fit & Find permitting you to use the Website and/or Apps, you agree to comply with these terms and conditions. All other uses of the Website and Apps other than as set out in these terms and conditions are prohibited.

2.       Restrictions and unauthorised activities

2.1.    Your permission to use the Website and Apps as set out in paragraph 1 above is conditional upon your compliance with these terms and conditions and is subject to the following restrictions:

2.1.1.You must not access or in any way exploit any underlying data, code, content or other material provided by Fit & Find in conjunction with the Website or Apps.

2.1.2.You must not use the Website or Apps in any way for your own commercial gain.

2.1.3.You must not edit, remove, alter, tamper with, or in any way change the Website or Apps or any part of them.

2.1.4.You must not (and must not authorise others to) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Website or Apps other than as permitted pursuant to paragraph 1 above.

2.1.5.You must comply with all laws and regulations when using the Website or Apps and must not use them for illegal or illegitimate purposes.

2.1.6.You must not use the Website or Apps in any manner whatsoever that may prejudice or damage Fit & Find's business.

2.1.7.You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website and/or Apps.

2.1.8.You must not use the Website or Apps in a way that could damage, disable, overburden, impair or compromise Fit & Find's systems or security or interfere with other users.

2.1.9.You must not infringe our intellectual property rights or those of any third party in relation to your use of the Website or Apps.

2.1.10.    To the extent that the Website is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.

2.2.    You acknowledge and agree that any bike geometry or other bike information provided on the Website or via the Apps is made available by Fit & Find's suppliers and partners or has been gathered from public domain sources. Fit & Find recommends that you read the terms and conditions of use of any website operated by any third party before purchasing bikes or any other products or relying on information contained in them.

2.3.    To the extent that you do not own the device(s) on which you access the Website or download or use the Apps, you will be assumed to have obtained permission from the owners of that device(s). You acknowledge that you and they may be charged by your and their service providers for internet access on the devices and that Fit & Find shall not be liable in any way for such costs.

3.       Fit & Find's property

3.1.    All intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Website and Apps (together, the "Intellectual Property Rights") are owned or licensed by Fit & Find. You acknowledge that rights in the Website and Apps are licensed (not sold or otherwise transferred) to you and that by using the Website and/or Apps, you will not acquire any right or interest in the Website or in the Apps or in the Intellectual Property Rights. You further acknowledge that you have no right to have access to the Apps in source-code form.

3.2.    You shall not:

3.2.1.Remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Website or Apps or pass off or attempt to pass off the Website or Apps as the product of anyone other than Fit & Find.

3.2.2.Use any automated computer program or application to scan, copy, index and sort or otherwise exploit the Website or Apps or any part thereof.

3.2.3.You acknowledge that the Website and Apps includes content, bike information, data and brand names owned by Fit & Find's partners ("Partner Materials"). The restrictions at paragraph 3.2 shall apply equally to Partner Materials.

3.3.    By using the Website and/or Apps, you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in them.

3.4.    You shall ensure that no disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto the Website or the Apps.

4.       Warranties

4.1.    By using the Website and/or Apps and hence accepting these terms and conditions, you warrant and represent to Fit & Find that:

4.1.1.You will not use the Website or Apps other than in accordance with these terms and conditions.

4.1.2.You will not use the Website or Apps in any manner which may cause damage to Fit & Find or bring Fit & Find into disrepute

4.1.3.Your use of the Website and Apps will not infringe the rights of any third party.

  5.       Disclaimer of liability

5.1.    Your use of the Website and/or Apps is entirely at your own risk. While Fit & Find will endeavour to ensure that the content of the Website and Apps is up-to-date and accurate, Fit & Find cannot guarantee the reliability or accuracy of the content contained in them and you should not rely on such content. You are responsible for the security of any data stored remotely on the electronic device used to access or use the Website and/or Apps and Fit & Find accepts no liability in respect of any loss or damage to such data.

5.2.    Fit & Find makes no representations and does not warrant to you that the Website or Apps:

5.2.1.Are accurate, complete or up to date;

5.2.2.Will always be available;

5.2.3.Are secure or is free from errors, faults or defects.

5.3.    Fit & Find has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Website and/or Apps (including, without limitation, any Online Retailer). In particular, Fit & Find shall not be responsible for the transmission of funds between you and any third party provider, partner or distributor with whom you choose to deal. You shall be responsible for all contractual arrangements, payments due and any associated transmission of funds on the terms you agree with any such third party provider, partner or distributor. Where the Website or Apps contain links to other sites and resources provided by third parties (including, without limitation, the Online Shopping), these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

5.4.    You may see advertising material submitted by third parties on the Website or Apps. Each individual advertiser is solely responsible for the content of its advertising material and Fit & Find accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

5.5.    This Agreement sets out the full extent of Fit & Find's obligations and liabilities in respect of the Website and Apps. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Accordingly, any condition, warranty or other term concerning the supply of or failure to supply the Website or Apps which might for this paragraph have effect between Fit & Find and you or would otherwise be implied or incorporated into this Agreement or any collateral contract (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded to the fullest extent permissible by law and Fit & Find shall not be liable to you in tort or otherwise pursuant to the express terms of this Agreement in respect of the subject matter of this Agreement or the supply or non-supply of the Website or Apps. This statement shall not affect any of your statutory rights.

5.6.    You should always obtain professional advice before making any decision which is prompted by the Website or Apps or information you have been provided by Fit & Find that may have legal or financial implications.

5.7.    To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of Fit & Find or in respect of fraud or fraudulent misrepresentation) Fit & Find does not accept any liability for:

5.7.1.Any inaccuracies or omissions in the content of the Website or Apps, or

5.7.2.Any loss, damage, cost or expense of any kind incurred by you arising in connection with your access to, use of, or inability to use, the Website or Apps or any content contained in them,

5.7.3.And by using the Website and/or Apps, you release Fit & Find from all such liability.

5.7.4. Fit & Find makes no representation that materials or information on the Website or Apps are appropriate or available for use in locations outside the United Kingdom and accessing or using the Website or Apps from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website or Apps from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

5.8.    Owing to the nature of the Internet and the fact that your access to the Website or Apps involves functionality outside Fit & Find's control, Fit & Find is not responsible for technical problems that you may experience with the Website or Apps.

  6.       Indemnity

6.1.    You will be responsible to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group arising out of your use of the Website or Apps or breach of these terms and conditions and, where you are a business, you agree to keep us fully and effectively indemnified from and against the same.

7.       Termination

7.1.    Fit & Find may in its absolute discretion immediately terminate this Agreement upon notice to you. Fit & Find may suspend your use of the Website or Apps without notice at any time, without incurring any liability to you whatsoever.

8.       Consequences of termination

8.1.    Immediately upon termination of this Agreement:

8.2.    You will not have the right to use the Website or Apps and all permissions set out in paragraph 1 shall cease.

8.3.    You shall immediately delete any information received or used by you which relates to the Website or Apps, including deleting any cookies and copies of the Website and Apps and, where requested by Fit & Find, confirm in writing that you have done so.

9.       Privacy

9.1.    Fit & Find takes your privacy seriously and operates a privacy policy which can be found on this website. You acknowledge that your personal information submitted via this Website or Apps may be used by Fit & Find in accordance with its privacy policy.

10.   Legal remedies

10.1.You acknowledge that the unauthorised use of the Website and/or Apps may result in irreparable damage and injury to Fit & Find and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, Fit & Find, its affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of the Website and/or Apps.

10.2.Nothing in these terms and conditions shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that Fit & Find, its affiliates and/or licensors may have.