Terms of Use

 

YepGarage.com (the “Website”) is owned and operated by Tyredating, a société par actions simplifiée, with its principal address at 31 rue de Cuire, 69004 Lyon, registered in France under number 503 812 208 RCS Lyon (registered VAT number FR96503812208 (“Tyredating” or “we”, “our” or “us”, as applicable).

To contact us, please email support@yepgarage.com.

These terms of use (“Terms of Use”) define the legal framework governing access to and use of the Website.

Access to and use of the Website are subject to your acceptance of these Terms of Use, as they may be amended from time to time by Tyredating. Please tick the applicable box before accessing the Website to express your acceptance of these Terms of Use.  If you do not accept these Terms of Use, you are not permitted and will not be able to access or use the Website. Please read carefully these Terms of Use, as well as our Privacy and Cookie Policy https://www.yepgarage.com/en/privacy-cookies-policy/, which sets out the terms on which we process any personal data we collect from you or that you provide to us, before using the Website.

If you purchase a subscription to our services from our Website, our Terms of Sale will apply to the purchase of your subscription.

 

1.    Use Of The Website

Subject to your full compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable and revocable right of access and use of the Website and its content, including without limitation, any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”) for the sole purpose of using the Website. Any other rights are expressly excluded except otherwise provided in a specific written agreement.

Therefore, you shall not, and shall not authorize a third party to, without limitation, (i) modify, reproduce, represent, adapt and/or translate all or any part of the Website and/or the Content; (ii) extract, all or any part of the Website and/or the Content or create any derivative work from all or part of the Website and/or the Content; (iii) reverse engineer, compile, decompile, disassemble or transform, in any way the object code of the Website and/or the Content into source code; (iv) publish and/or make any use of the Content on any website, media, network or system other than those provided by Tyredating and as expressly permitted under these Terms of Use; (v) use the Website to store or transmit files, materials, data, text, audio, video, images or other content that infringes any person’s intellectual property rights or is otherwise unlawful; (vi) distribute, license, sublicense, assign, share, sell, resell, rent, lease, loan, transfer, assign, time share or otherwise commercially exploit in any way the Website and/or the Content; (vii) delete or modify any copyright, trademark, moral rights or any other proprietary rights relating to the Website and/or the Content which we or our licensors own; or (viii) use the Website and/or the Content for purposes other than those expressly authorized by these Terms of Use.

In addition, it is strictly prohibited to (i) extract, by permanent or temporary transfer, or re-use all or part of the Content of our Website to another medium, by any means and in any form; (ii) bypass or circumvent any measures employed to prevent or limit access to our Website; (iii) link to any portion of our Website for any purpose; (v) knowingly introduce viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful onto the Website, gain unauthorized access to the Website or its servers, and/or attack the Website via a denial-of-service attack or a distribution denial-of-service attack, and (vi) use any device, software or process that interferes or attempts to interfere with the normal operation of our Website or take any action that imposes an unreasonable load on our equipment.

Unauthorised use of this Website and/or Content may give rise to a claim for damages and/or be a criminal offence. If you breach this section 1 by introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful onto the Website, gain unauthorized access to the Website or its servers, and/or attack the Website via a denial-of-service attack or a distribution denial-of-service attack, you would commit a criminal offence under the Computer Misuse Act 1990. We will report such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. If the event of such a breach, your right to use the Website will cease immediately.

We reserve the right to modify all or part of the Website, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Website. We will try to give you reasonable notice of any major changes.

You will only be able to use the Website if your device is connected to the Internet. Any traffic or access fees charged to you by your Internet service provider or mobile network operator due to your use of the Website are subject to the general terms you have agreed to with your Internet service provider or mobile network operator. You understand the risks associated with the use of the Internet, including, without any limitation, unavailability of the Website, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks, etc.

We do not guarantee that our Website, or any Content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or 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 the Website through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

 

2.    Term And Termination

As long as you continue to use the Website, these Terms of Use shall be applicable between you and us.

In the event we consider that your use of the Website to be unlawful and/or unauthorized, and/or in violation of these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including terminating  your right to access to the Website, and taking any legal action we deem appropriate.

 

3.    Proprietary Rights

The Website and its Content as well as, without limitation, all copyrights, moral rights, trademarks, trade names, drawings, pictures, databases and any other intellectual property rights in and to the Website and Content are the property of Tyredating or its licensors.

By granting you access to and use of the Website and/or the Content, we are in no way assigning or granting you any license in respect of these proprietary rights. We reserve any rights related to the Website that are not expressly granted to you hereunder.

 

4.    Liability

Tyredating, its officers, employees, contractors or content providers shall not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable,  arising from or otherwise in connection with:
(i) your use of, or inability to use,  this Website; or
(ii) your use of or reliance on any information, services or Content displayed on this Website.

In particular, we will not be liable for:
(i) loss of profits, sales, business or revenue;
(ii) business interruptions;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation; and/or
(v) any indirect or consequential loss or damage.

You will be responsible for any loss we suffer as a result of your violation of these Terms of Use. You agree to indemnify and hold harmless Tyredating and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms of Use.

To the extent permitted by applicable laws, the Website and its Content are made accessible on an “as is” and “as available” basis. Tyredating makes no warranties, representations or guarantees, whether express or implied, that (i) the Content on our Website is accurate, complete or up-to-date, (ii) the Website and its supporting elements will meet your requirements, (iii) your access to the Website will be uninterrupted, timely, or without fault and error free, (iii) the results that may be displayed through the Website will be accurate, up to date or reliable, (iv) the quality of any data, information or other material obtained through the Website will meet your expectations and that such data, information and other material will be without fault and error free, or that any errors will be corrected. We reserve the right to correct any errors or omissions on our Website.

Although we will make reasonable efforts to prevent the introduction of viruses, worms, Trojan horses or other malicious materials to our Website, we do not guarantee or warrant that our Website will be secure or free from bugs, viruses, worms, Trojan horses or other such malicious material, or that materials which may be downloaded from our Website do not contain such malicious materials. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. We accept no liability for any loss, damage or harm arising in relation to such malicious matter. If you rely on our Website and any materials available through our Website, you do so solely at your own risk.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice. You agree that Tyredating shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Website.

 

5.    Links To Third-Party Websites

The Website may contain hyperlinks to websites operated by third parties other than Tyredating. Such hyperlinks are provided for your reference only. We are not responsible for (i) the availability or the content of other services that may be linked to our Website, or (ii) the privacy or other practices of such websites.

Since we have no control over such services, you acknowledge and agree that we are not responsible for the availability of the content of such other websites which may be linked to the Website, and that we do not endorse or approve, and are in no way responsible or liable for any content, including the accuracy and quality of such content, any advertising, products, services or other materials which may be on or available from such other websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused to you by or in connection with the use of or reliance on any content, goods or services available on or through such other websites, or the privacy or other practices of such other websites.

 

6.    Modification Of The Terms Of Use

We may modify or amend these Terms of Use at any time in the future. We will inform you of any substantial modifications or amendments by sending you an email. Your continued access and use of the Website after a modification or amendment to these Terms of Use will be deemed as your acceptance of such modified terms.

If you disagree with any modification or amendment to the Terms of Use, you must cease accessing and using the Website.

 

7.    Governing Law And Disputes

These Terms of Use are governed by and construed in accordance with the laws of England and Wales.

In the event of any dispute, we encourage you to first contact us at support@yepgarage.com, in order to find an amicable solution. If no amicable solution can be reached, any dispute arising in connection with these Terms of Use shall be subject to the jurisdiction of the courts of England and Wales.

 

8.    Miscellaneous

These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to the Website. These Terms of Use shall coexist with, and shall not supersede, our Privacy Policy https://www.yepgarage.com/en/privacy-cookies-policy/.

If any provisions contained in this Terms of Use are deemed to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.

Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

Last updated on February 2017.