masabi.com and justride.com is operated by Masabi Limited (“our”, “us” and “we”). We’re a company registered in England and Wales with registration number 04260927. Our registered office is 100 Avebury Boulevard, Milton Keynes, MK9 1FH UK, and our VAT number is 818 2917 12.
These are the masabi.com terms and conditions (the “Conditions”), which apply to the use of masabi.com and Masabi mobile phone applications (collectively called “Masabi Services”) by end users. By accessing Masabi Services, you agree to be bound by the Conditions. Masabi Services are provided for the benefit of users who are over the age of 18. If you are not over the age of 18 or do not agree to be bound by the Conditions, you may not use or access Masabi Services and we will have the right to restrict or prevent your access to Masabi Services. If there is anything that you do not understand please feel free to email any enquiry to us at info@masabi.com.
1 YOUR OBLIGATIONS
1.1 You will not:
- use Masabi Services (or any part of them) for any illegal purpose;
- upload or transmit through Masabi Services:
- any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer
or - any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer
- use Masabi Services in a manner which
- may cause Masabi Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Masabi Services are in any way impaired
or - violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
and
- may cause Masabi Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Masabi Services are in any way impaired
- attempt any unauthorised access to any part or component of the Masabi Services.
1.2 You agree that in the event that you have any right, claim or action against any end user of Masabi Services arising out of that end user’s use of Masabi Services, then you will pursue such right, claim or action independently of and without recourse to us.
2 OUR RIGHTS
2.1 We reserve the right to:
- modify or withdraw, temporarily or permanently, Masabi Services (or any part of them) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of Masabi Services;
and/or - change these Conditions from time to time. Your continued use of Masabi Services (or any part of them) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using Masabi Services
and/or - monitor any activity and content associated with Masabi Services. We may investigate any reported violation of these Conditions or complaints relating to Masabi Services and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from Masabi Services).
2.2 We will use our reasonable endeavours to maintain Masabi Services. Masabi Services are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of Masabi Services because of a failure, suspension or withdrawal of all or part of Masabi Services for any reason.
3 YOUR PERSONAL DATA
We respect your Personal Data and shall deal with it in accordance with our Privacy Statement and applicable Data Protection legislation in place from time to time. Please click here to review our Privacy Statement.
4 LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5 LIMITATION OF LIABILITY
5.1 Whilst we will use reasonable endeavours to verify the accuracy of any information we place in Masabi Services, we make no warranties, whether express or implied in relation to its accuracy.
5.2 Masabi Services are provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to Masabi Services, or products or services offered on Masabi Services whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage of trade.
5.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that Masabi Services or products or services offered on Masabi Services whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that Masabi Services or the servers which makes them available or products or services offered through Masabi Services whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading Masabi Services.
5.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
5.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of Masabi Services and any information provided to or taken from Masabi Services by you.
5.6 We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
or - any loss of goodwill or reputation;
or - any special or indirect or consequential losses, howsoever arising
and; - in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
5.7 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
6 INTELLECTUAL PROPERTY AND RIGHT TO USE
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within Masabi Services shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
6.2 You acknowledge and agree that the material and content contained within Masabi Services is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive or mobile phone for such purpose. Any other use of the material and content of Masabi Services is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.3 Except for Personal Data, any information you submit to Masabi Services, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Conditions.
7 GENERAL
7.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
7.2 These Conditions (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.
7.3 The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
8 REFUNDS
8.1 If you have purchased items or tickets from the Masabi Services the following refund rules shall apply.
8.2 If the item is a ticket, unless otherwise noted as part of the ticket description, any tickets you buy from the Masabi Services are guaranteed to be authentic tickets, valid for entry to the event. If you are denied admission by the venue, Masabi will investigate the incident and will refund the full cost of tickets if we find that the mistake was ours.
8.3 If the item purchased is an event ticket and the event is cancelled you will be completely refunded. Masabi will coordinate with the selling broker to provide you with a full refund of the ticket price.
8.4 If you have purchased an item and have not received it, you should contact support by one of the means shown below to get assistance in receiving your item or ticket or to get the items or tickets sent to you via an alternate means. No refunds will be provided for customers that have not contacted support prior to requesting a refund for non-delivery. If we are unable to provide you with the items or tickets via an alternate delivery means, then a full refund will be made.
9 SUPPORT and COMPLAINTS
9.1 Customers can request support or lodge complaints on the following addresses and numbers during normal UK working hours:
Post: UK Office Address: 20 St Thomas Street, SE1 9RS
Email: info@masabi.com
Phone:
10 DELIVERY
10.1 Delivery will be made via the internet or via the mobile phone.
10.2 Mobile delivery may incur normal network operator fees for data or SMS messages, to be paid by the user. If any premium SMS messages are involved in the purchase, it will be made clear to the customer in advance.
10.3 Mobile tickets must be displayed on the mobile phone, so users must ensure that they have downloaded the ticket in advance and have sufficient battery power on their phone to display it when asked to do so. If the user cannot show the ticket on their phone, they will be considered to have no ticket. It should be noted that the phone does not need to go “on-line” or use network connections or SMS when displaying the ticket on the phone, so it will operate without incurring further network charges or requiring connection when displayed.
10.4 Self-Print tickets delivered via the internet must be printed at the users own cost, and the printout to be equivalent to that produced by a high quality laser printer.
10.5 Any postal delivery will only be made to the credit card billing address.