TRIUMPH ONLINE (WEBSITE & APP) TERMS AND CONDITIONS OF USE

These terms of your use apply to your use of our website, https://www.triumphmotorcycles.co.uk/ (“Website”) and our My Triumph mobile application (“App”) (together known as the “Sites”).

BY USING OUR WEBSITE OR DOWNLOADING OUR APP, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE OR DOWNLOAD OUR APP.

The Sites are operated by Triumph Motorcycles Limited (“We”). We are registered in England and Wales under company number 01735844 and have our registered office address at Ashby Road, Measham, Swadlincote, Derbyshire, DE12 7JP. We licence you to use our App and/ or our Website, as permitted in these terms of use.

To contact us about these terms and conditions, please email [email protected] or telephone us on +44(0) 1455 251700.

Our privacy policy, available at www.triumphmotorcycles.co.uk/global-content/privacy-policies, will also apply to your use of our Sites.

We may amended these terms from time to time. Every time you wish to use our Sites, please check these terms regularly to ensure that you understand the terms that apply at that time. We may also update and change our Sites including content on our Sites and produces available for sale on our Sites from time to time without notice, including to discontinue models, parts, accessories, clothing and other items or change specifications.

Our Sites

Our Sites are made available free of charge.

We do not guarantee that our Sites, or any content on our Sites, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all our any party of our Sites for business or operational reasons. Our Sites may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party failures. We cannot predict or control when such downtime may occur nor control the duration of such downtime.

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 that they comply with them.

The content on our Sites 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 Sites.

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 In particular, we are not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on our Sites.

Please note that this Website contains images of Motorbikes that feature accessories and this may or may not be stated. We take no responsibility for any misunderstanding of any standard specification that this may cause.

The App System Requirements and Updates

Where you are using the App, the ways in which you can use the App and related documentation may also be controlled by the relevant appstore’s rules and policies (which may be Google or Apple) (“Appstore Rules”). More specifically, please note that your use of the map tool on our App shall be subject to: (1) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (2) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.

In the event of any conflict or inconsistency between these terms of use and the Appstore Rules, the Appstore Rules shall prevail.

Please refer to the relevant pages on our Website available at https://www.triumphmotorcycles.co.uk/motorcycles/my-triumph-connectivity-system for further information about the App, including its functionality and compatible devices that have had their core functionality tested with the My Triumph Connectivity Module.

We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

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

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the services available on the App.

If you download or stream the App onto any phone or other device not owned by 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 App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you. To the extent that we collect and use personal data, please see our privacy policy available at www.triumphmotorcycles.co.uk/global-content/privacy-policies.

Licence Restrictions

You agree that you will:

• Comply with all applicable laws in relation to your use of the Sites;
• Not rent, lease, sub-license, loan, provide, or otherwise make available, the Sites in any form, in whole or in part to any person without prior written consent from us;
• not copy the Sites, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security or as otherwise set out in these terms;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Sites nor permit the Sites or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Sites on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Sites nor attempt to do any such things, except to the extent that such actions cannot be prohibited under sections 50B and 296A of the Copyright, Designs and Patents Act 1988.

You must keep your account details safe

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

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

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us by emailing us at [email protected].

How you may use material on our Sites

We are the owner or the licensee of the App and all textual, graphical and other content appearing on the Sites. Those materials are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, the Sites or the content on the Sites other than the right to use them in accordance with these terms.

You may view, copy, print and use content contained on our Sites solely for your own personal use and provided that: (1) it is used for informational and non-commercial purposes only; (2) you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and (3) you must not use or copy any photographs, video or audio sequences or graphics separate from any accompanying text.

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

If you print off, 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 the materials you have made.

 

Third party websites

Where our Sites 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.

You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website 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. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out below.

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. The views expressed by other users on our Sites do not represent our views or values.

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 must ensure that your content:

• is accurate where it states facts, and genuinely held where it states opinions;
• complies with the law applicable in England and Wales and in any country from which it is posted;
• is not defamatory, likely to deceive any person, obscene, threatening, abusive, offensive, hateful or inflammatory;
• does not promote sexually explicit material, violence, discrimination, illegal activity;
• does not infringe any intellectual property right of another person;
• does not breach any legal duty owned to a third party, such as a duty of confidence;
• does not impersonate any person, or misrepresent your identity or affiliation with any person;
• does not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
• does not contain any advertising or promote any services or web links to other sites.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.

Should you use our Sites to send any feedback, comments or enquiries, such as ideas, comments, suggestions or questions (“User Content”), such User Content shall be considered to be non-confidential and non-proprietary and You shall retain ownership rights in your content, but you hereby grant us a licence to reproduce, use, store, disclose and distribute and make available to third parties such User Content without limitation.

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.

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

Safe Riding

Photography and video used within our Sites shows Triumph Motorcycles being used by expert professional riders in protective gear under professionally controlled, closed course conditions. 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 light off road capability. Light off road use includes use on unpaved, dirt or gravel roads, but does not include riding on motocross course, any off road competition or riding off road with pillion. Light off road use does not include jumping the motorcycles or riding over obstacles. The stunts or tricks shown in our photos and videos should not be attempted at home.

At Triumph we want every ride to be safe and enjoyable. Always ride safely, defensively and within the limits of the law. Always ride within your ability, take riding skills courses and wear protective gear. Never ride under the influence of alcohol or drugs. Always wear an approved helmet, eye protection and appropriate protective clothing and always insist that any passenger does the same.

Study your owner's manual and inspect your Triumph Motorcycle before riding.

Our App may be used in a way to provide you with directions during your journey. In the event that you wish to use that feature of our App, you should not use our App or the My Triumph Connectivity System in a way that might distract you while riding.

You should not use any of the other feature on our App, or use our App for any other purpose, while riding.

You should never use our Website while riding.

Triumph shall have no responsibility to you or to any third party as a result of your riding in a way which does not comply with any of the provision of this section (Safe Riding).

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.

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

We only provide our Sites for domestic and private use. You agree not to use our Sites 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.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that 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 relates to the UK market. It may be accessed by users internationally but users must note that some products, programmes and services may not be available in your country due to market, technical or legislative constraints.

Motorcycle and accessory specifications may vary from country to country. The specifications shown on our UK Sites relate to the UK only. Note that many countries prohibit the importation, registration and/or use of vehicles and accessories not built originally to meet that country's specification. Consult your local dealer for model, accessories and clothing availability.

Security

We do not guarantee that our Sites will be secure or free from bugs or viruses.

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

You must not misuse our Sites 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 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 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 Sites will cease immediately.

Please be aware that internet transmissions are never completely private or secure and that 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 only using genuine Triumph branded parts and accessories on Triumph Motorcycles and these should be fitted only by an authorised Triumph Motorcycles dealer. We do not accept any liability whatsoever for defects caused by the fitting of non-approved parts, accessories or conversions, or by the fitting of any approved parts, accessories or conversions by non-approved personnel. The fitting of non-approved parts, accessories or conversions, or the fitting of approved parts, accessories or conversions by a dealer who is not an authorised Triumph dealer, may affect the handling, stability or other aspects of the motorcycle's operation, which may result in an accident causing serious injury or death. In particular, it is extremely hazardous to fit or replace parts or accessories whose fitting requires the dismantling of or addition to either the electrical or fuel systems.

Termination

If we end your rights to use the Sites:

• You must stop all activities authorised by these terms, including your 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 which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the services available via the App.

Applicable Law and Jurisdiction

These terms of use, their subject matter and formation (and any non-contractual disputes or claims) 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.

Alternative Dispute Resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact your local Trading Standards Services which can found at https://www.tradingstandards.uk/consumers/support-advice. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.