ONLINE DEALER - TERMS & CONDITIONS

Contact details

Business Address:
Room 58 Ltd, Eagle Tower,
Montpellier Drive, Cheltenham GL50 1TA

Tel: +44(0)1242 229 600

Registered Address:
Pillar House, 113/115 Bath Road,
Cheltenham, GL53 7LS.
Company Reg. No. 4330745

  1. Acceptance of terms

    1. Room 58 Limited (referred to here as “R58L”) provides its Service (as defined below) to You redirected from Your specified URL through its web site located at http://www.hdbws.com (the “Site”), subject to this Terms of Service agreement (“TOS”).
    2. By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service.
    3. R58L may change this TOS from time to time without prior notice. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You can review the most current version of this TOS at any time at http://hdbws.com/terms-and-conditions. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
  2. Description of service

    • the Site
    • the help desk system, tools and services provided through the Site and by any API made available via the Site
    • all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the API (collectively referred to as the “Content”),
    • shared use of banner and advertising space on any of the Service web sites such usage rates to be at the absolute discretion of R58L and
    • the necessary data storage facilities at the agreed level.
  3. General conditions/ Access and use of the service

    1. Subject to the terms and conditions of this TOS, You may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not:
      • license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS;
      • use the Service to process data on behalf of any third party, or
      • use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
    2. Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to R58L. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with R58L, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
    3. You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as any people as your plan allows. R58L reserves the right to access any or all your accounts in order to respond to your requests for technical support.
    4. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve:
      • transmissions over various networks;
      • changes to conform and adapt to technical requirements of connecting networks or devices and
      • transmission to R58L’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service which may include transmission or storage outside the European Union and You are responsible for compliance with data storage privacy law
    5. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
      • use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by R58L
      • use the Service for any fraudulent or inappropriate purpose;
      • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
      Breach of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences and You agree to hold harmless and indemnify R58L and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and fees, of every kind and nature. In such a case, R58L will provide you with written notice of such claim, suit or action
    6. The failure of R58L to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and R58L, and it governs your use of the Service and takes the place of any prior agreements between You and R58L.
  4. Trademarks

    R58L and R58L’s various logos, including Morillian® BWS, used or displayed on the Service are trademarks of R58L and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or a user of the R58L products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

    The contents of the Service are protected by copyright: ©2017 Room 58 Limited and/or its clients and suppliers. Reproduction of part or all of the Service is prohibited other than in accordance with this Notice.

    © H-D 2017. Harley, Harley-Davidson and the Bar and Shield logo are among the trademarks of H-D Michigan, LLC.

    All rights are reserved.

  5. Payment and refunds

    1. The Service is made available on a minimum contract basis. If You have provided credit card or other payment details and have completed an order form, You will be billed monthly, quarterly or yearly, starting on the first day your account was initially created by us. Regardless of your billing cycle, there are no refunds or credits for partial Periods of service, upgrade/downgrade refunds, or refunds for Periods unused with an open account. In order to treat everyone equally, no exceptions will be made. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. R58L does not accept any liability for such loss. Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high data storage requirement or an unusually high monthly ticket ratio per dealer.
    2. Suspension of Service and Acceleration:
      If any amount owing by You under this or any other agreement for Our services, is 30 or more days overdue, we may, without limiting Our other rights and remedies, accelerate any unpaid fees under such agreements, so that all obligations become immediately due and payable and suspend Our service to You until such amounts are paid
  6. Terms & renewal

    1. The Service will be provided for an Initial Period of thirty six months at the agreed billing rate (“the Initial Period”) after which the Service will be provided on a temporary contract to run until the end of the year. On 1st January the following year the service will automatically renew for a further 12 months (“the Renewal Period”) unless a written cancellation notice is made a minimum of three months before the expiry of the Initial Period. At the end of any Renewal Period the Service will automatically renew unless a written cancellation notice is made a minimum of three months before the expiry of any Renewal Period.
    2. R58L uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for R58L.
      Please visit http://hdbws.com/terms-and-conditions to understand how R58L collects and uses personal information.
  7. Cancellation and termination

    1. You are responsible for properly cancelling your account. The account owner (as defined in the sign-up procedure) can cancel the account per clause 6.1 above. There are no other means of cancelling your account. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If You cancel the Service before the end of your current paid up Initial or Renewal Period, your cancellation will take effect immediately upon the expiry of the then current Initial or Renewal Period and you will not be charged again.
    2. R58L reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including non payment, and or if R58L believes that You have violated these TOS. R58L will use all reasonable efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. R58L shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
  8. Disclaimer of warranties

    THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND R58L EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT R58L DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM R58L OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

  9. Limitation of liability

    1. To the fullest extent permitted by law, we and our suppliers exclude all warranties, including, without limitation, warranties of merchantability, non-infringement of third-party rights and fitness for a particular purpose.
    2. We and our suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the material, information, services, software, text, graphics or links.
    3. In no event will we be liable to any party for any damages whether direct, indirect, incidental, special, consequential or other for any use or inability to use the Services web site or its contents, or of any hyperlinked web site, including, without limitation, any damages for lost profits, business interruption, loss of programs or other data, even if we are expressly advised of the possibility of such damages. Information on the Services web site may contain technical inaccuracies or typographical errors. The information contained on the Services web site may be changed at any time without prior notification to you.
    4. Some state, territory, national, and international laws, rules and regulations do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE CASES, R58L’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  10. Assignment

    R58L may assign or transfer this TOS, in whole or in part, without restriction.

  11. Export compliance

    You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

  12. Governing law

    These terms and your use of the Service shall be governed by and in accordance with English law. If any provision of these exclusions and disclaimers shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

  13. Obligations

    Harley-Davidson® has no obligation or liability whatsoever under Dealer Agreements. Harley-Davidson® is not liable to Dealers in any way for Room 58’s Digital Marketing Materials, for R58’s actions or for any advice provided by R58 concerning compliance with Harley-Davidson® Rules and Regulations or otherwise. Dealers have sole responsibility for compliance with Harley-Davidson® Rules and Regulations.