WEBSITE TERMS AND CONDITIONS
This Terms and Conditions (“Terms”) is a legally binding agreement between you/ ‘the User’/ the ‘Subscriber’ and AMD.bike Limited (“AMD”). This Term shall govern the use of the services offered on this website and any related websites within the domain of AMD (the ‘Website’/ ‘Site’) or which are owned or operated by any incorporated or unincorporated entity owned or controlled by AMD, which may be linked to or is otherwise accessible from this Website. Unless explicitly stated otherwise, any new feature or features that augment or enhance the current services, including the release of or migration to new services, shall be subject to these Terms and Conditions. In addition to the Website, AMD may offer services through a mobile application (the “App”). The use of the App is also governed by these Terms and Conditions. Any references to the Website in these Terms shall apply equally to the App unless explicitly specified otherwise.
By purchasing any product or assessing any service or by using or otherwise assessing this Website, you represent that you have read and understood the Terms and you agree to be bound by them. If you do not agree with any of the terms and conditions you are not permitted to access and use this site or any of the services provided thereon.
1. Definitions and Interpretation
1.1. The headings are inserted for convenience only and shall not affect construction.
1.2. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa, references to any gender shall include all other genders and references to persons shall include bodies corporate, unincorporated associations and partnerships, in each case whether or not having a separate legal personality.
1.3. References to the word “include” or “including” are to be construed without limitation.
1.4. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.5. A reference to a party includes its [personal representatives,] successors and permitted assigns.
1.6. A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
1.7. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.8. A reference to writing or written includes email.
2. Effective Date
2.1. This policy is effective from 1 July 2023.
2.2. The last modified date is 23 August 2023
3. Terms of Use
3.1. These Terms shall apply to all users of this Website.
3.2. By using this Website, you accept these terms and conditions in full. If you disagree with them or any part of these general terms and conditions, you should not use this Website or any of the services thereon.
3.3. The content of the pages of this Website is for your general information and use only, and may be subject to change without notice.
3.4. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude ourselves from liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.5. Your use and reliance of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
3.6. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
3.7. All trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.
3.8. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
3.9. From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
3.10. You may not create a link to this Website from another website or document without our prior written consent.
3.11. Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Kenya.
3.12. Membership duration will be subject to the class of membership subscribed to. The terms and conditions of such membership will be expressly communicated to you upon your registration.
4. Registration of Accounts
4.1. Customer Accounts
4.1.1 You may register and open a customer account with us by completing and submitting the registration form on our Website.
4.1.2 By providing your email address, you consent to us registering a customer account in your name through the information provided. This will enable us to interact better with you and to provide necessary information to further enrich your experience in the use of our Website.
4.1.3 You may not register for a customer account with us if you are under 18 years of age. By continuing to use this Website or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.
4.1.4 You represent and warrant that all information provided in the registration form is complete, true and accurate.
4.1.5 If you register for a customer account, you will be asked to provide an email address/user ID and password. You hereby agree to keep your password confidential and you will be responsible for any activity on our marketplace arising out of any failure to keep your password confidential. You may be held liable for any losses arising out of such a failure.
4.1.6 Your customer account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to use your customer account you shall bear all risk and liability.
4.1.7 We may suspend or cancel your customer account with us without prior notice to you and without explanation, if you breach these Terms.
4.2 Vendor Accounts
4.2.1 The Website offers two types of vendor accounts: free vendor accounts and paid vendor accounts.
4.2.2 Vendors are required to create a vendor account on the Website and follow the registration process to advertise their products and services.
4.2.3 Vendors who are recognized members of the AMD online community located at https://web.facebook.com/groups/amd.bike will receive invitations to open a vendor account on the Website for the said purpose of advertising their products and services in the relevant categories[M1] .
4.2.4 Free vendor accounts will have limited features, while paid vendor accounts will provide enhanced features[M2] .
5. Website Disclaimer
5.1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any service(s) we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
5.2. Access to some parts of our site, or to our entire site, or to services available on our site, or to certain restricted content or service, may from time to time be restricted to registered users, or to a certain level of registered users.
5.3. The information is provided by us and while we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
5.4. You acknowledge that such information and materials provided by us may contain inaccuracies or errors and we expressly exclude ourselves from liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.5. The information materials and opinions contained on this Website are for general information purposes only.
5.6. Postings on our Website are made at our discretion and although we endeavor to keep the information updated, you should not assume that the information contained on our Website has been updated or otherwise contains current information. These materials are not guaranteed or represented to be complete, correct or up to date. These materials may be changed from time to time without notice.
5.7. Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control.
5.8. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this Website.
6. No Warranties; Exclusion of Liability; Indemnification
6.1. This Website is operated on an “as is,” “as available” basis, without representations or warranties of any kind.
6.2. To the fullest extent permitted by law, we specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for our Website and any contracts and services you purchase through it.
6.3. We shall not have any liability or responsibility for any errors or omissions in the content of our Website, for forms, agreements, contracts or services sold through our Website, for your action or inaction in connection with our Website or for any damage to your computer or data or any other damage you may incur in connection with our Website. Your use of our Website and any contracts or services are at your own risk.
6.4. In no event shall we or our agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our Website and contracts purchased through our Website, the delay or inability to use our Website or otherwise arising in connection with our Website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
6.5. In no event shall the liability for any damage claim exceed the amount paid by yourself for the transaction giving rise to such damage claim.
6.6. We make no representations or guarantees about any contracts or representations offered through our Website.
6.7. We make no representation that content, contracts, or related services provided on our Website are applicable or appropriate for use in all jurisdictions.
6.8. You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, arising from or related to your use of our Website.
7. Privacy Policy
7.1. We do not accept liability or responsibility for any loss or damage occasioned to any person acting or refraining from acting on any information contained on this Website.
7.2. This Privacy Policy explains how we collect, use, and share your personal information in connection with the Website, product, software, or service that links to this Privacy Policy.
7.3. We respect your right to privacy and personal information, and take data privacy seriously. This Privacy Policy is based on the Kenya Data Protection Act No. 24 of 2019 which is in line with the General Data Protection Regulations of the European Union (the GDPR).
7.4. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement and in accordance with the relevant laws relating to data protection and privacy.
7.5. We are committed to safeguarding the privacy of all visitors to our Website as well as the security of any Personal Data (as defined below) that you share with us through this Website. All processing of such Personal Data shall be carried out in full compliance with the requirements of all applicable laws. As from the Effective Date, any existing Personal Data already held by us shall be deemed to have been legally collected and processed unless you, as the data subject, requests for the correction or deletion of any part of your information held.
7.6. For purposes of this Privacy Policy, the term Personal Data shall mean any information relating to:
(a) an identified natural person; or
(b) an identifiable natural person, that is, a natural person who can be identified directly or indirectly, by reference to an identifier that relates to them such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
7.7. We may collect your Personal Data in the following ways:
(a) We may collect Personal Data directly from you in the course of your use of this Website or your interaction with us through this Website, except for instances where the law permits us to collect your Personal Data from other sources.
(b) We may also collect Personal Data in the course of providing other services to you, that we may offer through our Website.
7.8. The types of Personal Data that may be collected include your name and contact details. Where relevant, we may collect other Personal Data, for example your membership of professional associations or boards or, in rare cases, financial information. We may also collect other Personal Data directly from you (save for instances where the law permits us to collect your Personal Data from other sources) in the course of providing services to you, or to someone else based on subsequent interactions with you. If necessary, and in rare specified cases we may collect your financial information. In particular we may collect the following information from you:
(a) Account Information, such as security-related information (including user names and passwords, authentication methods, and roles), service-related information (including purchase history and account profiles), billing-related information (including payment, shipping, and billing information), and similar data;
(b) User Content, such as content of communications, suggestions, questions, comments, feedback, and other information you send to us, that you provide to us when you contact us, or that you post on our Website and similar data;
(c) Device & Browser Information, such as network and connection information, advertising identifiers, cookie identifiers and information, and similar data.
(d) Usage Information and Browsing History, such as usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information, API calls, and other logs), content interactions (including searches, views, downloads, prints, shares, streams, and display or playback details), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction information (such as scrolling, clicks, and mouse-overs), and download errors), advertising interactions (including when and how you interact with marketing and advertising materials, click rates, purchases or next steps you may make after seeing an advertisement, and marketing preferences), and similar data.
(e) Location data, such as the location of your device and similar location data.
(f) Demographic information, such as country, preferred language, age and similar data.
(g) Your image, such as still pictures, video, voice, and other similar data.
(h) Identity information, such as government-issued identification information, tax identifiers, social security numbers, other government-issued identifiers, and similar data.
(i) Financial information, such as billing address, credit card information, billing contact details, and similar data.
(j) Social media and online content, such as information in social media and online profiles, online posts, and similar data.
(k) Career, education, and employment related information and similar data.
7.9. We collect Personal Data when we (or propose to) deal with, or provide or market our services to you, or someone engaging you. In accordance with our legal obligations we inform you of the following:
(a) the fact that we are collecting your Personal Data from you;
(b) the purpose for which we intend to collect your Personal Data including why we are collecting your Personal Data and how we plan to use it;
(c) the third parties to whom your personal data will be shared or transferred, including details of safeguards adopted;
(d) a description of the technical and organizational security measures taken to ensure the integrity and confidentiality of the data;
(e) your rights as the subject of the Personal Data which we collect from you;
(f) the contacts of the data controller or data processor who will handle your Personal Data;
(g) whether the data is being collected pursuant to any law and whether such collection is voluntary or mandatory; and
(h) the consequences where the data subject fails to provide all or any part of the requested data.
7.10. Should we ever collect your Personal Data from sources other than you, in any other context besides that which was communicated prior to the collection, we will, in so far as it is practicable, notify you before we collect such Personal Data from such other sources.
7.11. We generally only collect Personal Data from this Website when it is provided voluntarily by you – for example, when you fill in the information request provided herein.
7.12. If the Personal Data is intended to be collected pursuant to any law or where the collection of such Personal Data is mandatorily required, we will notify you of this prior to collecting such data.
7.13. When you visit our Website, our server will record your IP address together with the date, time and duration of your visit. An IP address is an assigned number, similar to a telephone number, which allows your computer to communicate over the Internet. It enables us to identify which organizations have visited this Website. We use this information to compile statistical data on the use of our Website to track how users navigate through our site in order to enable us to evaluate and improve our site.
7.14. Please note that the provision of your Personal Data to us may be necessary for enabling the use or functioning of certain features of this Website or the provision of certain services through this Website. To that extent, any such features or services may not be functional or available for use or capable of being used in the absence of the provision of your Personal Data.
7.15. Purpose of Collection and Use of Personal Data
We may use your Personal Data in a variety of ways once collected including, but not limited to:
i. responding to your emails or online requests for products, services or information;
ii. providing you with service communications such as bill reminders, order confirmations, programme registrations and client service messages;
iii. fulfilling and/or delivering our products and services;
iv. delivering and processing surveys;
v. personalizing and improving the usability of this Website;
vi. tailoring content, advertising and marketing to you; and
vii. sharing your Personal Data with certain third parties so as to fulfil any express service requests which you make to us. We may also share such information with service providers that perform business functions for us.
7.16. Sharing your information
(a) We may on occasion be required to share your information with our other offices regionally and any third parties, who provide services on our behalf. In addition, we may also be required to share your information with other incorporated or unincorporated entities owned or controlled by AMD, for purposes of providing services to you. In relation to any such disclosure of your Personal Data, we will notify you of this as soon as reasonably practicable and shall only disclose your Personal Data where we are required or otherwise permitted to do so by any applicable law, or where it is necessary for the purpose of, or in connection with, legal proceedings or in order to exercise or defend legal rights.
(b) We may also share e-mail addresses with third parties as necessary for them to perform certain services on our behalf, such as packaging, mailing and delivering products to you and processing event registrations and responding to your service requests.
(c) Some of your Personal Data may be stored in a cloud or server located within or outside Kenya and managed by a third-party service provider. Where we transfer your Personal Data outside Kenya, this shall be solely for purposes of ensuring the safety of such Personal Data and for purposes of ensuring operational efficiency. In addition to this, we will take reasonable steps to ensure that your Personal Data is treated securely and that the means of transfer provides adequate safeguards.
7.17. Information Security
(a) We use up-to-date data storage and security systems to hold your Personal Data securely in electronic and physical form to protect your personal information from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss.
(b) We implement commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services.
(c) All persons who have access to confidential information (including Personal Data) that we hold, including our partners, staff and third-party service providers are subject to confidentiality obligations.
7.18. Your Rights
(a) You have certain rights that you can exercise in relation to any of your Personal Data that we process. These are:
i. the right to be informed of the use to which your Personal Data is to be put;
ii. the right to object to the processing of all or part of your Personal Data;
iii. the right to access your Personal Data;
iv. the right to the correction of any false or misleading parts of your Personal Data;
v. the right to the deletion any false or misleading parts of your Personal Data.
vi. the right to data portability, which is the right to receive your Personal Data in a structured, commonly-used and machine-readable format and to transmit it from us to another data controller or data processor without hindrance;
vii. the right not to be subjected to a decision based solely on automated processing which produces legal effects that concern or significantly affect you;
viii. the right to the rectification of any inaccurate, outdated, incomplete or misleading portions or parts of your Personal Data; and
ix. the right to the erasure or destruction of any portions or parts of your Personal Data that are irrelevant, excessive, unlawfully obtained or that we are no longer authorized to retain.
(b) In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific purpose at any time. Once we receive notification that you withdraw your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
(c) If you would like to exercise any of these rights, please contact us in writing by emailing soko@amd.bike .
7.19. We process your personal information in connection with our services and for other business purposes, including to:
(a) Provide, deliver, analyze, and administer our services and to perform our contract with you;
(b) For internal research and development purposes for new content, products, and services, and to improve, test, and enhance the features and functions of our Website and interaction with you.
(c) Process transactions related to our services and administer accounts or profiles related to you;
(d) Personalize and make recommendations related to our services and other offerings.
(e) Contact and communicate with you in connection with our services or other notifications, programs, events, or updates that me may offer.
(f) Send you correspondence, offers, advertising, and marketing materials, including to provide personalized advertising to you. You may choose not to receive future emails from us by clicking the unsubscribe link at the bottom of each email that you receive from us.
(g) Comply with your instructions or to fulfill other, specified purposes for which you have given your consent.
(h) Detect and prevent fraud and abuse to ensure the security and protection of all customers and others, as well as to identify and authenticate your access to our service or to identify and authenticate you before we provide you with certain information.
(i) Exercise our rights and to protect our and others’ rights and/or property, including to take action against those that seek to violate or abuse our services.
(j) Comply with the law and our legal obligations, including to respond to a request or order from a court, regulator, or authority.
(k) Effectuate the sale, merger, acquisition, or other disposition of our business.
7.20. Information collected from you shall be used to perform a contract where the processing is necessary for the performance of contract; and for legitimate interests- where the processing is necessary for legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information.
7.21. Information collected from you where the same has been collected pursuant to your consent and for a specific purpose shall be used, subject to the Terms, for the specified purposes.
7.22. All Personal Data shall be processed, used and stored in compliance with the relevant law.
7.23. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
7.24. If you are looking for more information on how we process your personal data, or you wish to exercise your legal rights in respect of your personal data, please contact soko@amd.bike
8. Security
8.1. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
8.2. However, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable measures designed to protect personal information, we cannot guarantee its absolute security.
9. Cookies Policy
9.1. Our Website may use cookies to improve your online experience. They were placed on your device when you launched this Website. You can change your cookie settings through your browser.
9.2. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Cookies allow a page, among other things, to store and retrieve information on the browsing habits of a user or his device.
9.3. We use cookies for several different purposes. Some cookies are necessary for technical reasons; some enable a personalized experience for both visitors and registered account holders; and some allow the display of advertising from selected third party networks. Some of these cookies may be set when a page is loaded, or when a user takes a particular action on our Website. The cookies we use are set if you are a registered user, if you visit or use one of our services (irrespective of whether you have an account).
9.4. You will be able to choose to accept or decline cookies. Most web browsers automatically accept cookies, but you may modify your browser setting to decline cookies if this is the case. This may however prevent you from taking full advantage of the Website.
10. Anti-Money Laundering
10.1. We abide by all applicable anti-money laundering (AML) laws and in particular the Proceeds of Crime and Anti-Money Laundering Act, CAP 59B of the Laws of Kenya. We may, in compliance with these laws, conduct client due diligence and monitor any conduct that may be of concern or may be classified as suspicious conduct. We may require additional information from you and where necessary, obtain the information from third-party data suppliers. Where you have supplied personal data for this purpose we will only use it for that purpose and will keep it only as long as the relevant AML and data protection legislation requires.
10.2. Any suspicions of money laundering activities will be reported to the appropriate authorities.
11. Anti-bribery and Anti-corruption
11.1. We have a zero-tolerance policy towards bribery and corruption.
11.2. We are committed to:
(a) conducting business in a manner that complies with applicable laws and is consistent with the highest ethical standards including, among other things, standards intended to prevent bribery and corruption; and
(b) using our best endeavors to ensure that those who perform services for and on behalf of AMD are aware of and share our commitment to conducting business ethically.
11.3. We will not use third parties or intermediaries to engage on our behalf in unethical practices that would be prohibited under any applicable laws if undertaken by us. We expect that all third-parties and intermediaries that we engage with to conduct themselves accordingly when acting on behalf or for the benefit of the AMD.
11.4. AMD is committed to transparency on its ethical standards and anti-bribery and anti-corruption initiatives. You are encouraged to report instances or allegations of violations to the contact shared herein.
12. Advertising
12.1. We deliver advertising and marketing across various platforms, such as on our Website or via email, telephone, text messaging, direct mail, and various online channels. Our marketing materials may also include third party advertising and links to other websites and applications. You consent third party advertising partners collecting information about you when you interact with their content, advertising, or services. All relevant information as required in law shall be availed to you prior to such collection of data.
12.2. You may choose not to receive future marketing or advertising emails from us by clicking the unsubscribe link at the bottom of each marketing or advertising email that you receive from us.
13. Links to Other Websites
13.1. Our Website may contain links to enable you to visit other websites of interest for purposes of reference. However, once you have used these links to leave our site, you should note that we do not have any control the other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide or is collected whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
13.2. Through this Website you may be able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
14. Terms of Sale
The Goods and Services are offered subject to the following terms and conditions:
14.1. Customers will have access to the Website to browse and view the products and services advertised by vendors.
14.2. If a customer is interested in a particular product or service, they will be able to place an order through the Website, which will trigger an automated email notification to the respective vendor.
14.3. All further communication regarding the order, including negotiation, pricing and transaction details, will be conducted directly between the customer and the vendor outside of the Website.
14.4. By placing an order through our Website, you warrant that you have due authority to contract as you purport to contract.
14.5. The provision of goods and services is governed by the laws of Kenya.
14.6. The prices are inclusive of Value Added Tax (VAT) and are liable to change at any time.
14.7. You are responsible for obtaining all necessary software, hardware and telecommunications connections required in order for you to call, download and stream materials from our site and via any links we make available to you. You shall not be entitled to a refund if you are unable to download or stream any materials on the Website due to you not having the necessary software, hardware or telecommunications connections. You may notify us within Seven (7) days of the date the digital content is made available to you that the video shared, link or other medium through which the digital content is packaged, has not worked properly. We will investigate the problem and do our best to fix it.
14.8. Goods and services are provided without any guarantees, conditions or warranties as to their quality. To the extent permitted by law, we hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of using Goods or Services, including without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss or damage by electronic means including but not limited to computer hacking or the introduction of any form of computer virus or corrupting or unauthorised instructions or code or the use of any electromagnetic weapon and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14.9. Any complaint about our Goods or Services should be brought to our attention through the contacts noted herein.
15. Dispute Resolution
15.1 In the event of a dispute arising between the customer and the vendor, both parties agree to follow the following dispute resolution process:
15.1.1 Either party may a lodge a complaint by submitting a detailed description of the dispute to the AMD community on the Facebook group accessible here (https://web.facebook.com/groups/amd.bike). The complaint should include relevant evidence and supporting documentation.
15.1.2 If a complaint is lodged against a listed vendor, the vendor shall respond to the complaint within a reasonable time frame. The vendor should provide a clear explanation and propose a resolution to address the issue raised.
15.1.3 If the complaint(s) about a vendor escalate, the vendors account on the Website shall be suspended temporarily. During this period, the vendor must actively address the issue(s) raised by the complainant.
15.1.4 Upon successfully resolving the complaints and providing evidence of the same to the satisfaction of AMD, the vendor’s account shall be restored.
15.2 Both the customer and the vendor agree to participate in good faith in this dispute resolution process and acknowledge the process is intended to resolve disputes in a fair and efficient manner.
16. Website Credits
16.1. This website was created by AMD. If you find any errors, please get in touch and we can update the website accordingly.
17. Contact Us
For any questions about this Website please contact soko@amd.bike
[M1]It’s not clear if vendors who are not recognized members of the AMD community can also create vendor accounts. Please advise.
[M2]Clients are to settle on what these advanced features are and we can amend accordingly