PURCHASE TERMS & CONDITIONS
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
"Class" means a class provided by or on behalf of Boom Cycle at the Studios.
"Class Card Membership" means the membership that entitles a Member to attend the number of Classes purchased before the expiry date of the card.
"Day Pass Membership" means the membership that entitles a Member to attend an unlimited number of Classes before the expiry date of the pass.
"Boom Cycle" means Boom Spin Limited.
"Member" means any person that has completed a Registration Form which has been accepted by Boom Cycle.
"Membership" means the different types of membership that a Member may purchase including but not limited to a Class Card Membership, a Day Pass Membership and a Monthly Subscription Membership.
"Monthly Subscription Membership" or "Subscription" means the membership with the rights and obligations set out in condition 3 including without limitation a "monthly unlimited" membership.
"Registration Form" means the registration and/or application form completed by a Member whether electronically or otherwise.
"Studios" means any of Boom Cycle's studios as published on the Website from time to time
"Terms and Conditions" means these terms and conditions.
"Website" means www.boomcycle.co.uk.
1.2 These Terms and Conditions are incorporated into the Registration Form and any Membership is subject to these Terms and Conditions as amended from time to time.
1.3 Boom Cycle reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studios and/or the conduct of Members. Any such changes will be published on the Website and, until revoked, are binding on Members.
2.1 Subject to condition 2.2, when a person has completed a Registration Form they shall become a Member of Boom Cycle subject to these Terms and Conditions.
2.2 Acceptance of a person as a Member is in the absolute discretion of Boom Cycle.
2.3 A person shall cease to be a Member when they request their membership or account is deleted. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a Member.
2.4 Subject to Clause 2.5, for Day Pass Memberships, the relevant start date in determining that expiry date is the date that the Member first uses that Membership to attend a class and not (unless it is the same date) the date that the Membership is purchased.
2.5 Class Card Memberships and Day Pass Memberships shall expire in accordance with the specific expiry terms communicated during the purchase of that membership.
2.6 Boom Cycle reserves the right to expel from the Studios, suspend for a specific period, terminate the Membership of or refuse to renew the Membership of any Member whose conduct is or may be, in Boom Cycle's reasonable opinion, damaging to the character of the Studios or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other Members. Any Member so expelled or that has their Membership terminated or suspended shall forfeit all privileges to Membership of the Studios and shall not be entitled to any refund.
2.7 A Member may attend Classes according to the type of Membership which they have purchased.
2.8 Details of prices of Memberships are available at the Studios or on the Website and shall be such prices as determined by Boom Cycle from time to time.
2.9 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions. Indoor cycling classes at Boom Cycle will be provided by the existing Boom Cycle Instructors. A member shall not be entitled to any compensation, including without limitation a refund or a replacement class, where a specific Instructor are not provided.
2.10 Members may cancel any purchase of any Membership made online at any time up to the end of the seventh working day from the date the Member receives confirmation of the ordered Membership. Members do not need to give Boom Cycle any reason for cancelling the Membership nor will Members have to pay any penalty. Members cannot cancel any Membership if the Membership has been used by attending a Class. To cancel Membership under this condition 2.11, Members must notify Boom Cycle in writing or by email. Once a Member notifies Boom Cycle that they are cancelling their Membership, any sum debited to Boom Cycle from their credit or debit card will be credited to their account as soon as possible and in any event within 30 days of cancellation.
2.11 Any Membership must only be used by the person in whose name the Membership was purchased and breach of this condition will lead to termination of the Membership.
2.12 Boom Cycle sells ‘introductory’ passes to new members and these shall strictly be limited to one purchase per customer. Any members found to have purchased the introductory offers more than once within one account or across multiple accounts will have the package removed and no refunds may be given. Should the member have already used the classes under the introductory offer then those taken classes shall we charged at the full rate for a single class.
2.13 The 'Introductory' pass cannot be shared and is only for use by the purchaser.
3. MONTHLY SUBSCRIPTION
3.1 The provisions of this condition 3 shall only apply to a Member that applies for a Monthly Subscription Membership by monthly payments.
3.2 Any Member, who is purchasing classes by Subscription, shall be entitled to participate in an unlimited number of classes at the Studios until their Subscription terminates and any such Member will forfeit their membership if they fall behind in payment for more than 7 days. Such Member shall remain liable for any outstanding payments.
3.3 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Member uses the Studios' facilities.
3.4 Subscription fees may be increased at Boom Cycle's discretion. Members shall be given at least 7 working days' notice of any increase in Subscription fees.
3.5 Subject to condition 3.6 and any right of Boom Cycle to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Member cancels their Monthly Subscription via the "Cancel Contract" option on their online account. The Member shall be solely responsible for cancelling their Monthly Subscription. No refunds shall be given to Members in respect of any Subscription fees that have been paid.
3.6 Members who do not wish to accept a change proposed by Boom Cycle to any Subscription fees may cancel their Subscription by cancelling their Subscription in accordance with condition 3.5.
3.7 If the Subscription is paid by debit or credit card (or any Subscription fees remain outstanding beyond the due date) the Member unconditionally and irrevocably authorises Boom Cycle to debit any credit or debit card provided by the Member with the monthly Subscription fee (or any outstanding fees) without notice to the Member.
3.7.1 Authorised debits in clause 3.7 include but are not limited to all late cancelled missed ride fines under the monthly unlimited subscription as outlined in clause 3.8
3.8. Should a member miss 3 rides in any 30 day period whilst on the monthly unlimited then the 3rd missed ride shall be charged at £10, each subsequent missed or late cancelled ride shall be charged at a further £10 under a 30 day period has gone when no missed or late cancelled rides have occured.
3.9. Monthly memberships may not be frozen or suspended except in cases of medical issues, Boom Cycle reserves the right to ask for a letter from a GP or Physio in order to place any 'freeze' on the monthly membership.
4. LIMITATION OF LIABILITY
4.1 In consideration of Boom Cycle accepting a person as a Member, the Member agrees that:
4.1.1 Neither Boom Cycle, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside any Boom Cycle premises by the Member or any guest of the Member, unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of Boom Cycle, or its employees, agents or sub-contractors.
4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any Boom Cycle premises are left at the owners risk and Boom Cycle will accept no liability for loss, damage or theft in respect thereof, unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of Boom Cycle or its employees, agents or sub-contractors.
4.1.3 Neither Boom Cycle, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any Boom Cycle premises or as a result of the use of the facilities and/or equipment provided by Boom Cycle, except to the extent that such death, personal injury or illness arises from any negligent act or omission of Boom Cycle or its employees, agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the Member's responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided by Boom Cycle, including the adjustment of levels or settings on any equipment. If the Member is in any doubt as to how to correctly operate any equipment they should consult a member of staff before use.
4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto Boom Cycle premises is caused by the negligence of Boom Cycle or its employees, agents or sub-contractors, Boom Cycle liability shall be limited to £500 (for any one incident).
5. ONLINE BOOKING
5.1 Classes may be booked online by Members in advance via the Website.
5.2 Members may cancel any classes booked online via the Website until 12 hours before the Class is scheduled to start.
5.3 If a Member arrives after the start time of the Class (ride), unfortunately the member will not be allowed entry into the Class for any reason. This is to preserve the experience of all the other Members in the Class and make sure the member hears the pre-Class advice and questions for their safety. If a Member misses a ride in this fashion, they will be permitted to attend the next Class on that day that has availability if there is one.
Members should check in 5 minutes before the start time of the Class. If a Member is not checked-in 5 mins before the start time of the Class and has not told the front of house team they'll be arriving less than 5 mins before the start time (either by email or phone) then the Member’s bike may be given to anyone who is in studio and waiting to get into the Class. If the Member has not confirmed their booking before the ride 5 minutes before the start time and their bike has been given away we will endeavour to place the Member on another free bike in the same Class or should there not be one, we will get the member into the next Class on that day with availability if there is one.
5.4 If the online booking system shows that the Class is full then the Member will be invited to join a waitlist. If the Member joins the waitlist and a place becomes available in the Class, then the Member will automatically be added to the Class until 12 hours before the Class is scheduled to start.
5.5 If a Member is automatically added to a Class then they will be sent an email confirming this. If a Member is allocated a Class via the waitlist then these online booking conditions apply as if the Member had booked the Class online in the first place. A Member can remove themselves from the waitlist via the Website.
5.6 In the event of a late cancellation or if a Member does not attend a Class that was booked online (including any class that was allocated via the waitlist) or does not sign in on time in accordance with condition 5.3 then this will be classified as a "no show". In the event of a "no show" if a Member holds a:
5.6.1 Class Card Membership, one class will be deducted from that Member's Class Card Membership; or
5.6.2 Day Pass Membership or a Subscription, then Cyclebeat has the right to suspend or cancel that Member's ability to book online.
5.7 Members with a Monthly Unlimited Pass will be charged £10 on the third no-show in any rolling 30 day period. They will then be charged a further £10 for every no show above that within a rolling 30 day period.
6. USE OF FACILITIES
6.1 A Member is entitled to use the Studios' facilities provided always that Boom Cycle may at any time withdraw all or part of its facilities or Classes for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond its control. No refunds shall be given during any such temporary closure.
7. FITNESS AND HEALTH
7.1 Indoor cycling classes involve intensive exercise. Each Member agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Members should refer to the Website or speak to a member of staff for further information.
7.2 Each Member warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Member uses the Studios that the Member is in an appropriate physical condition to participate in Classes and that the Member knows of no medical or other condition why the Member is not capable of engaging in the Classes or exercises provided by Boom Cycle and that such Classes or exercises would not be detrimental to the Member's health, safety or physical condition.
7.3 Boom Cycle staff are not medically trained and are therefore not qualified to assess whether the Member or any guest is in appropriate physical condition and/or whether that the Member can engage in any exercise without detriment to the Member's health, safety, comfort or physical condition.
7.4 Members are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. Boom Cycle reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Boom Cycle’s facilities.
7.5 Members shall not use Boom Cycle’s facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Members. If there is any doubt, Members should consult their doctor and must notify Boom Cycle of any circumstances affecting their health which may be exacerbated through continued use of the Studios.
7.6 Members are required to follow the instructions of the instructor at all times.
8. PERSONAL BELONGINGS, DRESS, SAFETY
8.1 Members are requested to wear a form of dress appropriate to an indoor cycling class. In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studios. No pets (with the exception of guide dogs) are permitted in the Studios' buildings or grounds. Members must use the main entrance to the Studios when entering or leaving the Studios. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these doors for any reason.
8.2 In the event of a fire, Members are asked to make their way to the nearest available exit.
8.3 Smoking is not allowed in the Studios.
9.1 Details of Class times at the Studios may vary from time to time and are published on the Website. Boom Cycle reserves the right to change Class times or cancel Classes at its discretion, and will endeavour to give Members notice of such changes as is reasonably practicable.
9.2 Members must at all times observe Boom Cycle’s guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studios may issue to ensure the safety of the Members and the smooth operation of the Studios for the convenience of all Members.
9.3 Members consent to having their photograph taken by Boom Cycle at any time whilst using the Boom Cycle facilities and Boom Cycle reserves the right to use any such individual or group photographs of members and/or guests for press or promotional purposes. If a Member specifically does not want their photograph used for such purposes then they must notify Boom Cycle in writing.
9.4 Members are required to give written notice to Boom Cycle of any change of address or email.
9.5 Boom Cycle may communicate with the Member by email. By providing an email address to Boom Cycle the Member consents to receiving email communications from Boom Cycle, including notices pursuant to these Terms and Conditions. The Member also accepts the risk that email may not be a secure and confidential means of communication. Boom Cycle will not be liable for any loss or damage suffered as a result of communicating with a Member by email.
9.6 Boom Cycle reserves the right to refuse admission to the Studios.
9.7 Boom Cycle may assign the benefit of the Registration Form and a Member's Membership to a third party at any time without notice to the Member.
9.8 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Form.
These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
10. CONSENT AND DATA USAGE
10.1 By registering an account at www.boomcycle.co.uk, you acknowledge to receiving marketing communications via email/phone.
10.2 We will retain your information until we receive instruction to remove your Boom Cycle account.
TERMS & CONDITIONS - GENERAL & WEB USAGE
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 by Boom Cycle for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
11.5 If Boom Cycle terminates 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.
Contract Terms for Bike Hire
20. IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:
- 1. The following definitions are used but not otherwise defined in this Agreement:
- a. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
- b. "Equipment" means Schwinn indoor cycling bike with carbon blue drive chain and bespoke weights holders, weights and bike shoes. which has an approximate value of £1,200.00.
- c. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
- 2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.
- 3. The Agreement commences on May 14, 2020 and will continue on a Weekly basis (the "Term").
- 4. The rent will be paid in installments of £20.00 each Week, in advance, beginning on May 14, 2020 and will be paid every week on the 7th day from original purchase date throughout the Term (the "Rent").
Delivery of Equipment
- 5. The Hirer will, at the Hirer's own expense and risk, pick up and transport the Equipment from Boom Cycle 1&3 Arches Lane, London, SW1 8AB.
- 6. Delivery may also be arranged at an additional cost.
Use of Equipment
- 7. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
- 8. The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
- 9. Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
Repair and Maintenance of Equipment
- 10. The Hirer will, at the Hirer's own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Hirer will supply all parts that are necessary to keep the Equipment in such a state.
- 11. If the Equipment is not in good repair, appearance and condition when it is returned to the Owner, the Owner may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear excepted. The Owner will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Hirer written notice of and invoices for the said repairs. Then the Hirer will reimburse the Owner for the actual expense of said repairs.
- 12. The Hirer may, but is not obligated to, enforce any warranty that the Owner has against the supplier or manufacturer of the Equipment. The Hirer will enforce such warranty or indemnity in its own name and at its own expense.
- 13. The Equipment will be in good working order and good condition upon delivery.
- 14. The Equipment is of merchantable quality and is fit for the following purpose:
At home rental.
Loss and Damage
- 15. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
- 16. If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
- 17. In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
- 18. The Equipment is the property of the Owner and will remain the property of the Owner.
- 19. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
- 20. The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
- 21. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer's quiet and peaceful possession of the Equipment or the Hirer's unrestricted use of the Equipment for the purpose for which the Equipment was designed.
- 22. No insurance coverage for the Equipment is required under this Agreement.
- 23. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:
- a. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer's obligations under this Agreement.
- b. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or other competent jurisdiction.
- c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
- 24. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the "Remedies"):
- a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
- b. Apply the Deposit toward any amount owing to the Owner.
- c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
- d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
- e. Terminate this Agreement immediately upon written notice to the Hirer.
- f. Pursue any other remedy available in law or equity.
- 25. The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.
- 26. THE HIRER WILL NOT ASSIGN THIS AGREEMENT, THE HIRER'S INTEREST IN THIS AGREEMENT OR THE HIRER'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER.
- 27. If the Hirer assigns this Agreement, the Hirer's interest in this Agreement or the Hirer's interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment.
Address for Notice
- 28. Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:
Owner: Boom Spin Ltd, 1&3 Arches Lane, London, SW11 8AB
Hirer: Customer making purchase
- 29. Interest payable on any overdue amounts under this Agreement will be at a rate of 12.00 percent per annum or at the maximum rate allowed under applicable legislation, whichever is lower.
- 30. This Agreement will be construed in accordance with and governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.
- 31. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
- 32. Time is of the essence in this Agreement.
- 33. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
- 34. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Notice to Hirer
- 35. NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.
- Pre-Authorisation: A £500 pre-authorisation will be taken and held during the term of the hire and any deductions for damage or non-return of the equipment will be taken from this. Once the equipment is returned in good working order this pre-authorisation will be dropped.