Terms and Conditions

This document covers our Standard Terms and Conditions, plus our User Agreement, which covers your use of SuperBike (www.superbike.co.uk) including but not limited to our Editorial services.

This document was last updated in January 2021.

1. Introduction

• 1.1 "SuperBike", "SuperBike Auctions", "we", "our", "us" means G10 Media Ltd., company registration number 09353382
• (Further full Definitions can be found in Clause 4.)
• 1.2 You are entering into a contract with G10 Media Ltd, whose registered trading address is 146 Croxted Road, London, SE21 8NW.
• 1.3 This Site (www.superbike.co.uk) and Service is owned and operated by G10 Media Ltd.
  In addition to these Terms, the following Terms and policies also apply to our Site:
  • privacy policy and cookie statement
  • complaints policy
• 1.4 You should read these Terms carefully and in full before using the Site.
• 1.5 By using the Site, or otherwise indicating you agree to these Terms, you agree to be fully and legally bound by these Terms referred to in them
• 1.6 If you do not agree, you should stop using the Site immediately.
• 1.7 If you have any questions about the Site, you can contact us by following the details on our contact details page.
• 1.8 Where we have received a complaint, we shall deal with it by the policies and procedures as set out in our complaints policy.

2. Age limit

• 2.1 You must be at least 18 years of age in order to use the Site.
• 2.2 We strongly recommend that if you are 16 years of age or older but not yet 18, you ask your parents for permission before sending any information about yourself to anyone over the internet and we encourage parents to teach their children about safe internet use practices. Parents can find out more by searching on the Government Digital Service.

3. Third party links, service providers and linking to the Service

• 3.1 The Service may include links to services supplied by or operated by third parties including advertisers and other content providers. We do not control such linked services, and are not responsible for their content, functionality or legality. Those third parties may collect data or solicit personal information from you; we are not responsible for the collection, use or disclosure of any information those services may collect. Linking to any other service or website from this Site or Service is at your own risk.
• 3.2 The Site may also include certain features, functionality, and/or content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping, payment processing. These service providers may require that you agree to their additional Terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional Terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms and conditions. SuperBike specifically disclaims any and all liability in connection with the acts or omissions of such third party service providers.
• 3.3 Any service that links to or otherwise interacts with this Site must not
  • 3.3.1 create a frame or any other browser or border environment around our Content, unless previously agreed with us;
  • 3.3.2 harvest or scrape Content either from our pages, databases or our feeds and reuse for its own or public use, unless previously agreed with us;
  • 3.3.3 imply that SuperBike is endorsing it or its products or services;
  • 3.3.4 use any SuperBike Trade Mark (as defined in Clause 16.1 below) without permission from us;
  • 3.3.5 infringe any intellectual property or other right of any person;
  • 3.3.6 contain content that could be construed as illegal, distasteful, offensive, controversial or otherwise detrimental to SuperBike's reputation or commercial interests.
• 3.4 We expressly reserve the right to require that any link or activity which is in breach of these Terms and conditions be removed and/or ceased, and to take whatever other action we deem appropriate.

4. Definitions

• "Site" has the meaning given to it in Clause 1.3
• "Auction" or "Auction Lot" means any item or items listed for Auction on the Site, of any type
• "Live Auction" is defined in Clause 7.3
• "Buyer" means a person who has registered, agreed to the Terms set out in this document, and is accepted by us and and any third parties we may rely on to place bids on auctions on the Site, having passed any background check or checks that we or any such third parties acting on our behalf may perform or have performed.
• "Seller" means any person who is registered and is accepted for offering an item for sale via Auction, having passed any background check or checks that we or any third parties acting on our behalf may perform or have performed.
• "Content" means any text, images, video, audio or other any other form of media content, software or other information or material submitted to or on our Site
• "Terms" and "Terms and Conditions" refer to this document as updated under Clause 23
• "Trade Seller" means any Seller not acting as a consumer
• "Vehicle" means any motorcycle or other type of motor vehicle listed on the Site, not limited to automobilia or memorabilia listed as part of the Auction
• "You" and "Your" means any Buyer, Seller, or any other person accessing the Site or its content

5. Using the Site

• 5.1 We do not act as an agent for the Seller.
• 5.2 You agree that you are solely responsible for any and all costs and expenses you may incur in relation to your use of the Site.
• 5.3 If you access this Site from a region outside of the United Kingdom, you are responsible for compliance with local laws where they are applicable
• 5.4 We may prevent or suspend your use of the Site if you do not comply with any part of these Terms
• 5.5 By using our Site, you agree:
  • 5.5.1 not to use the Site for fraudulent purposes
  • 5.5.2 not to use the Site for any illegal or unlawful activity under any applicable law
  • 5.5.3 not to use the Site for anything prohibited by these Terms
  • 5.5.4 not to impersonate us, or impersonate any communication that would be sent by us
  • 5.5.5 not to send spam via our Site
  • 5.5.6 not to use the Site for any purpose or in any way that harms minors
  • 5.5.7 not to distribute malware, viruses or any other kind of harmful software
  • 5.5.8 not to use the Site in any way which disrupts our business or the business of any other person or entity
  • 5.5.9 not to represent or suggest that we represent any other business, product or service, unless we have separately agreed to in writing
  • 5.5.10 not to use the Site to gain unauthorised access to any system, data, privileged operation, network, computer or account
  • 5.5.11 not to circumvent any authentication methods or systems

  6. Your account

  • 6.1 As per Clause 2.1, the Site is available for adults aged 18 or over only
  • In order to buy or sell, or act as a buyer or Seller, you must register and provide the following details to us:
    • your name
    • your address
    • your date of birth
    • your email address
    • the details of a valid credit or debit card
    You must also agree to and abide by these Terms.
  • 6.2 Your address and payment information will be securely verified by our payment processor, Stripe. Stripe's policy documents can be found here.
  • 6.3 For Sellers, you must confirm that you legally own the vehicle you are selling. Finance details applicable to the vehicle, including outstanding amounts, must be declared to us prior to listing.
  • 6.4 For Buyers, you must provide a valid means of payment prior to and during bidding for our Fees. Fees are detailed in Clause 12
  • 6.5 Under certain circumstances (such as Clause 7.9 and 8.4), Sellers are required to pay fees to SuperBike. Accordingly, Sellers must provide a valid means of payment prior to and during Auction Lot or Auction Lots being accepted and then going Live.
  • 6.6 Our payment processor, Stripe, reserves the right to carry out checks for the purposes of confirming your identity, means of payment, and of preventing fraud and other types of financial crime. When you first try to Bid or make a payment, you will be prompted by us to provide this information, which is transmitted securely and directly to Stripe. You are not obliged to provide this information, but if you do not, you will not be able to make Bids or payments through SuperBike or Stripe.
  • 6.7 If you choose, or are provided with, a user identification or security code, you must treat it as private and confidential. You must not disclose it to any third party.
  • 6.8 If you know or suspect that your account has been compromised, or your authentication credentials are known to anyone but yourself, you must tell us immediately via the contact methods posted in our contact details page.

  7. Listing an item for Sale

  • 7.1 To list an item for Auction, you must first apply by submitting details of the item you wish to Auction, including proof of ownership and any finance details the item or items are subject to.
  • 7.2 SuperBike will consider each proposed Auction, and if accepted, we will notify you. There will be a pre-Auction period where you will need to wait for your Auction to go live. We will advise you in advance in writing when your Auction will go live.
  • 7.3 As a Seller, you must be a registered and email-verified User of the Site and have a valid and current payment method added to your profile. Payment methods can be added in the Billing section.
  • 7.4 After the Auction Lot is accepted, you agree to be committed to a 7, 10 or 14 day period where the item is listed with us exclusively for at least the 7 to 14 day period, and any extensions to the period. During the period, you must not use any other means of sale unless we agree and notify you in writing, in advance.
  • 7.5 Your Auction may have a reserve price set on it. We will agree this reserve price with you before the Auction is live in writing.
  • 7.6 We give no warranty or representation as to the anticipated or likely final selling price of any Auction. Any estimates given, in any form through any medium, is a statement of opinion only, and should not be relied upon in any way.
  • 7.7 If a buyer makes a bid on an Auction, and that bid is the highest bid and also below the reserve price at the time the Auction ends, SuperBike may, at its sole and absolute discretion, choose to make up the difference between the highest bid and the reserve price set by the Seller. In this case, the Seller is deemed to have and agrees to waive the reserve and accept the buyer's highest bid, plus a balancing payment from SuperBike.
  • 7.8 Sellers are solely responsible for the accuracy of information given in Auction listings. If you are a Seller, you represent and warrant that you are the legal owner of the Auction Lot and are free and able to sell the Auction Lot lawfully. You also warrant that the buyer will be free of any charges or encumbrances and transfer all legal ownership to the buyer. In ensuring accuracy the advertised mileage can be exceeded by no more than 1,000 miles at the point of collection by the Buyer.
  • 7.9 If you, as a Seller, withdraw your Auction Lot before or during the Auction, you agree to be solely responsible for any fees that a buyer would otherwise be responsible for. The fee will be calculated on the reserve price or minimum fee (whichever is greater), or in the case of the Auction Lot having no reserve, on the minimum charge fee. Pricing and fee details can be found in Clause 12.
  • 7.10 If a Buyer makes the highest bid on the Auction Lot during a Live Auction and that bid or offer is within 10% of the reserve set by the Seller, SuperBike may offer to the Seller to make up any shortfall to the reserve set by the Seller. If we have offered to make up the shortfall, SuperBike will make this payment to the Seller to resolve the shortfall between the winning bid and the reserve only when the Auction Lot has been purchased, paid for and collected by the Buyer and provided that this transaction has been completed within 30 days of the end of the Live Auction. SuperBike reserves the right to request evidence that this transaction has been completed prior to making such payment.

  8. Seller Content and descriptions

  • 8.1 If you are a Seller, the information you provide must be, to the best of your knowledge, accurate and not misleading.
  • 8.2 If you are a Seller, and you are aware of any material alterations to the Auction, or you are aware of any concerns expressed by third parties with respect to the Auction Lot's authenticity, provenance, origin, age, condition or quality, you must notify us immediately in writing. If we are made aware of any of these issues after an Auction Lot has gone live, we will endeavour where reasonable to make said information public via the Auction comment system.
  • 8.3 While SuperBike does perform various background checks on an Auction Lot such as MOT history and HPI checks, SuperBike shall not be held liable to any party for any error, inaccuracy or omission from or in the Auction description where SuperBike has:
    • 8.3.1 provided the Seller with the Auction description within a reasonable time period prior to the Auction going live, or
    • 8.3.2 not been notified by the Seller or any person on his or her behalf in writing within a reasonable time period before the Auction goes live of any inaccuracy, omission or error. In such cases, SuperBike will treat the description as being accepted by the Seller.
  • 8.4 If a sale is lost due to the failure of a Seller to disclose to SuperBike any relevant information which would otherwise affect the normal running and outcome of an Auction, the Seller will be liable to pay the fees to Superbike in accordance with Clause 7.9.
  • 8.5 The Seller grants SuperBike the full and absolute right to photograph and illustrate any Auction Lot consigned for sale, and to use such photographs and illustrations at any time at its absolute discretion, whether or not in connection with the Live Auction.
  • 8.6 Photographs and illustrations used for the Auction Lots are for identification purposes only. They may not show the true condition and colour (which may be inaccurately reproduced) of the Auction Lot.
  • 8.7 Estimates and descriptions for the Auction Lots may be amended at SuperBike's discretion from time to time by notice to the Seller given verbally or in writing before or during a Live Auction.

  9. Bidding on Auctions on SuperBike

  • 9.1 If you place a Bid on an Auction Lot, you agree that it is your responsibility to
    • 9.1.1 Arrange your own inspection of the vehicle or items you place bids on
    • 9.1.2 Check that you are bidding the amount you intend to bid
    • 9.1.3 Directly contact the Seller after the Auction has ended if you win the Auction
    • 9.1.4 Carefully check over the Auction Lot on collection
    • 9.1.5 Perform your own independent checks to verify the description, ownership, value, condition authenticity and covenance of the Auction Lot
    • 9.1.6 Pay any and all shipping costs associated with your purchase, including but not limited to any fees, taxes and testing charges
  • 9.2 As a Buyer, you agree that each bid you submit is:
    • 9.2.1 A legally binding obligation by yourself, such that if your bid is successful and achieves any reserve requested by the Seller, that you will pay our fees
    • 9.2.2 An irrevocable offer that you are making to purchase the Auction Lot and you shall pay the Seller the final amount of your highest bid, advance
    • 9.2.3 Unable to be withdrawn
  • 9.3 If you, as a Buyer, fail to complete the purchase of the Auction Lot (including paying the Seller the final amount of your highest bid within the time period agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the fees to SuperBike in accordance with Clause 12. At this point, we will seek to sell the Auction Lot to an underbidder.
  • 9.4 If the reserve on an Auction is not met, but is within 10% of the reserve price set by the Seller, the bid will remain open for acceptance by the Seller for 24 hours following the end of the Auction. SuperBike will contact the Seller to determine whether they are willing to accept the highest bid, and will notify the highest Bidder if the Seller wishes to accept. The highest bid will be deemed rejected should the Seller not respond within 24 hours of the end of the Auction. This 24 hour period can be extended by written agreement between SuperBike and the highest Bidder. If the Seller rejects the buyer's bid, SuperBike retains the right to make up any shortfall to the reserve set by the Seller. Where the Buyer is notified that the Seller is willing to accept the bid, and/or SuperBike has chosen to make up any shortfall to the reserve set by the Seller, if your bid is successful you shall pay our fees.
  • 9.5 If your bid is successful, subject to paying any reserve required by the Seller unless it is waived by the Seller, you will pay the Seller the final amount of your highest bid within 7 working days of the Auction ending, unless you agree otherwise in writing with the Seller. If you do not make payment within 7 working days, or within the time period agreed with the Seller, you will lose the right to purchase the Auction Lot and the fees paid to SuperBike, which are not refundable.
  • 9.6 It is up to the buyer and Seller to agree a method of payment. SuperBike can not and will not act as an escrow agent.
  • 9.7 SuperBike reserves the right to remove your bid if:
    • 9.7.1 It was made via an obvious typographical error.
    • 9.7.2 You have not provided us with a valid means of payment, or any pre-authorised payment requests we make fail, or for any other reason
    • 9.7.3 We believe the Seller is bidding on his or her own Auction Lot
    • 9.7.4 We believe you are bidding on the Seller's behalf
    • 9.7.5 You did not pass one or more background checks we or a third party directly or indirectly working on our behalf have performed on you

  10. Auction processes and sales outside SuperBike

  • 10.1 Our FAQs are freely available for rules on buying and selling
  • 10.2 We reserve the right to withdraw any Auction Lot whether it is live or not yet live, whether the Auction lot has a reserve or not. We are not required to provide any reason for exercising this right, and our decision is final.
  • 10.3 We reserve the right to extend any live Auction, for any period, beyond its initial ending time, should we believe it is in the interest of buyers or sellers. This may be due to delays, interruptions or errors on or not on our behalf.
  • 10.4 If an Auction is extended, all bids remain open and valid, and cannot be withdrawn.
  • 10.5 Buyers and Sellers should not engage in activity designed to complete or facilitate a transaction outside of the Site. If any transaction is carried out outside of the Site, the Seller shall be liable to pay the Fees that the Buyer would otherwise be liable to pay in accordance with Clause 12 had the Auction been sold via the Site. In such case, fees will be calculated against the reserve price, or the minimum fee, whichever is greater.

  11. Disputes

  • 11.1 The buyer and Seller are wholly responsible to solve disputes together outside of the Site, without any involvement of SuperBike.

  12. Fees

  • 12.1 Using the Site is free for Sellers. Under certain circumstances (such as Clause 7.9 and 8.4), Sellers are required to pay fees to SuperBike.
  • 12.2 Stripe, our payments provider, will process your personal and card details and operates a secure server in order to do so. SuperBike does not, and can not, ever see your payment information beyond tokens representing payment methods and transaction states.
  • 12.3 When you bid on an Auction Lot, via our payments provider (Stripe) we will place a hold on your credit or debit card for the fee payable if you are the successful bidder calculated against the amount of your high bid, or for the minimum fee (whichever is higher).
    • 12.3.1 The fee is calculated as 5% of your bid amount in GBP inclusive of VAT
    • 12.3.2 The minimum fee is £150 GBP inclusive of VAT
    • 12.3.3 The maximum fee is £3,000 GBP inclusive of VAT. If your fee is calculated at more than £3,000 GBP, you will only pay £3,000 GBP.
    • 12.3.4 Bid increments are £25 GBP between £0 and £4,999 GBP, £50 GBP between £5,000 GBP and £19,999 GBP and £100 GBP at £20,000 GBP and above.
  • 12.4 Should you be outbid by another Bidder, the hold on your funds will be immediately released. It may take a few working days to show as released with your credit provider. If you have any questions, please contact us.
  • 12.5 By registering, you accept and agree to Stripe processing your data, and agree to Stripe's terms, and accept they constitute a legal and binding agreement between Stripe and you.
  • 12.6 Stripe will process all fees on our behalf.
  • 12.7 Your credit or debit card will only be charged if you successfully win an Auction. Payment for payment of fees will be taken immediately, and are non refundable. Your legal rights as a consumer remain unaffected.
    • 12.7.1 The fee charged will be calculated against the winning bid amount, which may be equal to or lower than your maximum bid amount. By way of example, if your maximum bid is £20,000 and the auction closes at £18,500, the fee will be calculated against £18,500, which would be £925 inclusive of VAT.
  • 12.8 It is your responsibility to ensure sufficient funds are available on your payment method, regardless of any pre-authorisation. If payment is declined, bids may be cancelled at our sole discretion.
  • 12.9 We will continue to pursue payment via Stripe until our full fee has been paid. If Stripe is unable to take full payment, you must, within 24 hours of the Auction ending, make written arrangements with us to pay the full or any outstanding balance, in one of the currencies specified in Clause 12.11, via immediately available funds during normal banking hours to any such bank account that we specify.
  • 12.10 If we do not receive fees in full 24 hours after the Auction ends, or you fail to complete your purchase for any reason other than default of the Seller, or lawful cancellation or termination of the purchase contract, we will assist the Seller by attempting to sell the Auction Lot to an underbidder. Fees due to SuperBike by you, the buyer, will remain payable.
  • 12.11 The fees for our service will be charged in pounds sterling (GBP) and will be inclusive of VAT at the time the Auction ends. You, as the buyer, are responsible for paying all taxes and fees. We and our payment provider can not be held liable for any tax liabilities you incur as part of the transaction.
  • 12.12 If your payment is not received by us under Clause 12.3, we may also charge interest on amounts outstanding at the rate of 4% per year above the Bank of England's base rate.

  13. Privacy

  • 13.1 Your privacy and security of personal information is important to us. Our privacy policy outlines how we process and store your data, including details about what data we store about you, and what we do with it.
  • 13.2 Our privacy policy is available here
  • 13.3 Payment information that you supply to Stripe is not available to us, or within our control. Please see Stripe's website for its terms and other policies.

  14. Cancellation

  • 14.1 You may cancel the contract between yourself, as a buyer and/or Seller, and us for the provisioning of our online Auction service, however, you may not cancel the contract to purchase an Auction Lot should you become the successful Bidder via a winning bid.
  • 14.2 If you are not currently participating in an Auction, you may cancel your account at any time, penalty free.
  • 14.3 Cancelling the SuperBike service:
    • 14.3.1 You have the right to cancel the contract within 14 days for any reason
    • 14.3.2 The cancellation period will expire after 14 days of the conclusion of the contract. Conclusion of the contract starts when you register for an account, agree to these terms and begin using the Site.
    • 14.3.3 To cancel, you must inform us of your decision to cancel using a clear written statement. Please see our contact details.
    • 14.3.4 If you are a Seller with a live Auction, or a buyer who has submitted a bid on one or more auctions during a live Auction, you cannot cancel this contract until the Auction has ended.

  15. Submitting information

  • 15.1 We make every effort to make sure this Site is secure, however we cannot guarantee its security and therefore we cannot guarantee confidentiality.
  • 15.2 Whenever you submit information to us, including but not limited to payment information, user generated Content, via the Site or via email, you must not submit information which is illegal, pornographic, obscene, offensive, harassing, hateful, racist, sexist, ethnically offensive, or encourage such conduct that would be considered a criminal offence, distasteful, give rise to civil liability or in violation of any law.
  • 15.3 You warrant that any such Content submitted meets those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  • 15.4 Any Content you submit to us will be considered non-confidential.
  • 15.5 You retain any rights to Content you submit to us.
  • 15.6 You must not submit Content to us that you do not have the right to distribute, unless you have written permission from the owner. This includes any material covered by a third party's copyright, or any other proprietary rights.
  • 15.7 We reserve the right to disclose your identity to any third party Content you have submitted constitutes a violation of their intellectual property rights, or their right to privacy.
  • 15.8 We will not be held responsible or liable to any third party for the Content, accuracy of any Content posted by you to the Site or to SuperBike.
  • 15.9 We have the right to remove any posting you make on our Site if, in our opinion, it does not comply with the Content standards posted on the Site.
  • 15.10 The views expressed by other users on our Site do not represent our own views or values.

  16. Intellectual Property Rights

  • 16.1 All Content and other material on the Service is owned by us or our third party licensors (and is protected by international copyright, trade dress, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights). All such rights are reserved to us and our licensors.
  • 16.2 You acknowledge that 'SuperBike' and any other brands or logos that belong to us within the Service are SuperBike trademarks and that you may not use them without written permission from us.
  • 16.3 You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices appearing on the Service. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from.
  • 16.4 Making unauthorised copies of Content found on this Service may result in the prohibition of your use of the Service and further legal action.

  17. Competitions and Prizes

  • 17.1 From time to time we may run competitions, free prize draws and promotions on the Service. These are subject to the Competition Terms & Conditions and/or separate Terms and conditions that will be made available in each instance.

  18. Trademarks

  • 18.1 "SuperBike" and our logo are our trademarks. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.

  19. Accuracy of information

  • 19.1 While we try to make every effort to ensure that any data and information is up to date, free from bugs and inaccuracies, you acknowledge that we cannot guarantee that it will be. We also cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you place upon our Site or services is at your own risk.
  • 19.2 We may terminate or suspend operation of the Site at any time, without warning or notice, for any reason as we see fit.
  • 19.3 Information or media of any kind are provided for your general informational purposes and only to inform you about us, news and features that we think may be of interest to you. Any such material does not constitute advice of any type, and should not be relied upon for any purpose.
  • 19.4 While we try to guarantee that the Site and our services will be available at any time for your use, we do not make any guarantees as to uptime, availability, or promise any kind of Service Level Agreement for uninterrupted use.

  20. Limits on responsibility

  • 20.1 Limits on our responsibilities to you if you are a consumer:
  • 20.1.1 If you are a consumer, except for any legal responsibility that we cannot exclude in law (such as death or personal injury), or arising under applicable laws related to the protection of your personal information, we are not legally responsible for any:
    • 20.1.1.1 Losses that
      • 20.1.1.1.1 losses that were not foreseeable to you and us when these Terms were formed
      • or
      • 20.1.1.1.2 were not caused by any breach on our behalf
    • 20.1.1.2 business losses
    • 20.1.1.3 losses to non-consumers
  • 20.2 Limits on our responsibilities to you if you are not a consumer:
    • 20.2.1 If you are not a consumer, our liability under or in connection with the contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.
    • 20.2.2 Our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.
    • 20.2.3 We shall not be liable for consequential, indirect or special losses.
    • 20.2.4 We shall not be liable for any of the following (whether direct or indirect):
      • 20.2.4.1 Loss of profit
      • 20.2.4.2 Loss or corruption of data
      • 20.2.4.3 Loss of use
      • 20.2.4.4 Loss of production
      • 20.2.4.5 Loss of contract
      • 20.2.4.6 Loss of opportunity
      • 20.2.4.7 Loss of savings
      • 20.2.4.8 Discount or rebate (whether actual or anticipated), or harm to reputation or loss of goodwill.
    • 20.2.5 Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
      • 20.2.5.1 death or personal injury caused by negligence
      • 20.2.5.2 fraud or fraudulent misrepresentation
      • or
      • 20.2.5.3 any other losses which cannot be excluded or limited by applicable law
    • A sale contract for an Auction Lot is between a Seller and a Buyer. SuperBike does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Auction Lot. We shall not be responsible for their obligations in the sale contract and we absolutely exclude all liability arising from the sale contract.
    • We cannot guarantee the continuous operation of or access to our Site. Bid update and other notification functionality via our Site may not occur in real time. The functionality of our Site is subject to delays, interruptions and errors beyond our control.
    • SuperBike shall have no liability for any such delays, interruptions, errors or other problems.

  21. Events beyond our control

  • 21.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

  22. Rights of third parties

  • 22.1 No one other than a party to these Terms has any right to enforce any of these Terms.

  23. Variations

  • 23.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this Clause 23 . Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes (following notice in the case of Trade Sellers), you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  24. Indemnification

  • 24.1 You agree to indemnify SuperBike and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives, and to hold them harmless from any and all claims, actions, suits and liabilities, losses, damages, costs and expenses (including legal fees) that may arise from your UGC, from your unauthorised use of our Content, or from your breach of these Terms and conditions.

  25. Unenforceable provisions

  • 25.1 If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

  26. Jurisdiction and applicable law

  • 26.1 If you are a business user, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms and English law will apply to these Terms
  • 26.2 If you are a consumer user, the courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms and English law will apply to these Terms.

  ENDS.