1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Registered Users to access Paid Content and / or any communications System on the Web Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Boom Cycle” means Boom Spin Ltd. Of Arch 4, 1 Crucifix Lane, London, SE1 3JW.
“Service” means collectively any online facilities, tools, services or information that Boom Cycle makes available through the Web Site either now or in the future;
“Services” means the services available to you through this Web Site, specifically indoor cycling and fitness classes, etc.
“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our places of business located at 2-8 Scrutton street, London, EC2A 4RT;16 Procter Street, WC1V 6NX, 10 Hammersmith Grove, W6 7AP or Units 1&3 Arches Road, London, SW11 8AB.
“System” means any online communications infrastructure that Boom Cycle makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” /"Registered Users" means any third party that accesses the Web Site and is not employed by Boom Cycle and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.boomcycle.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Boom Cycle, our affiliates or other relevant third parties.
By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Boom Cycle.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier. Fair Use of Intellectual Property Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Boom Cycle or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Web Site Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.boomcycle.co.uk without prior permission.
8. Deep linking (i.e. links to specific pages within the site) requires the express permission of Boom Cycle. To find out more please contact us by email at firstname.lastname@example.org.
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.6 You must not impersonate other people, particularly employees and representatives of BOOM Cycle or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Boom Cycle reserves the right to monitor any and all communications made to us or using our System.
10.1 In order to procure Services on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. Boom Cycle accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Boom Cycle immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, [Boom Cycle accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information] OR [Boom Cycle will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment].
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
11.1 Either Boom Cycle or you may terminate your Account. If Boom Cycle terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If Boom Cycle terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
11.3 Boom Cycle reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
11.4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
11.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
12. Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all descriptions of Services available from Boom Cycle correspond to the actual Services, Boom Cycle is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.
12.2 Where appropriate, you may be required to select the required package of Services.
12.3 Boom Cycle does not represent or warrant that such Services will be available. Availability indications are provided on the Web Site however these may not take into account orders that have taken place during your visit to the website.
12.4 All pricing information on the Web Site is correct at the time of going online. Boom Cycle reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every as appropriate.
12.5 In the event that prices are changed during the period between an order being placed for Services and Boom Cycle processing that order and taking payment, [you will be contacted prior to your order being processed with details of the new price] OR [provision of Services shall commence as per your order and you will be charged the original price].
12.6 All prices on the Web Site do include VAT. Boom Cycle's VAT number is 112249255.
13. Provision of Services
13.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
13.2 Boom Cycle shall use its best endeavours to provide the Services with reasonable skill and care.
13.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Boom Cycle will ensure that any necessary corrections to the Services provided are made within 7 working days.
13.5 Boom Cycle reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.5.1 Any use or enjoyment that you may have already derived from the Services;
13.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Boom Cycle. Such discretion to be exercised only within the confines of the law.
15.1 Boom Cycle makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16.0 Changes to the Service and these Terms and Conditions
16.1 Boom Cycle reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Boom Cycle is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Web Site The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Boom Cycle accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18.Limitation of Liability
18.1 To the maximum extent permitted by law, Boom Cycle accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts Boom Cycle’s liability for death or personal injury resulting from any negligence or fraud on the part of Boom Cycle.
18.3 Nothing in these Terms and Conditions excludes or restricts Boom Cycle’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
19.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. Notices All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. Law and Jurisdiction These terms and conditions and the relationship between you and Boom Cycle shall be governed by and construed in accordance with the Law of England and Wales and Boom! and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.