BY ACCESSING OR USING BIKE.RENT, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY, IF YOU DO NOT AGREE TO BE BOUND BY ANY OF OUR TERMS, YOU MUST NOT USE OUR PLATFORM.
We may change these Terms by sending you details of the change or without notice to You by updating them on www.bike.rent. Please check www.bike.rent regularly to take note of any changes and the current version of terms that apply.
“You, Yourself or Your” means the user accessing or using the services we provide at Bike.rent.
“We, Us, Our” refers to Taste Provence Ltd, trading as Bike Rental Manager, a company registered in England whose registered number is 05695027), whose registered office is The Courtyard, High Street, Ascot, Berkshire, SL5 7HP
To contact us, please email us at [email protected]
These terms apply to the services made available to you without charge through Bike.rent, other terms apply to our premium paid for services. For more information please contact us at [email protected]
PLEASE NOTE: This is a Bike Rental platform, connecting you with potential end users (Hirers). All content on the platform is provided for information only. We are not responsible for the content made available on Bike.rent, or which you make available. We do not carry out any verification of the content or any other information uploaded to Bike.rent by you or our other Customers and give no warranties or representations as to the accuracy or completeness of the content on Bike.rent.
Your contract with Hirers of your bikes
As a platform we help you to create innovative new ways to attract customers to your web site and to use your services.
We do not take any enquiries from customers in relation to any content you may make available through Bike.rent. We do not engage in any correspondence between You and Your customers and do not participate in any part of any rental transaction or part of any contract between You and Your customers. We cannot ensure that any renter will complete any transaction with you. You are responsible for fielding enquiries directly from your customers.
You accept all responsibility for and agree to release us entirely from any claims, liabilities, disputes, actions or proceedings arising from or connected to your interaction with any third party through our, or as a result of our provision of services through, Bike.rent.
1.1. In order to access some features of Bike.rent You will need to create an account and complete our registration form. You agree to ensure that the details provided by you on registration are true, accurate, current and complete. It is Your responsibility to update Your information and inform us of any changes to your details. At our sole discretion, we may refuse Your application for registration and your access to Bike.rent at any time without liability.
1.2. You must keep Your account username and password combination secret and secure. We will not be liable for any unauthorised use of Your account and You will remain solely responsible for any activity occurring under Your account including any purchases made through it whether with or without your permission. You must notify Us immediately if You believe Your account has been compromised or subject to unauthorised use.
1.4. Access, registration and use of Bike.rent is free for the services described in our Free Model. We reserve the right to change the fee for our services, from a free to a paid model, and suspend or terminate access to any free services at any time on 14 days’ notice. Any modification to fees be they temporary or permanent, are effective as soon as they appear online or are otherwise notified to you and are applicable from that moment onwards.
Availability of the Bike.rent
2.1. All reasonable measures are taken by us to ensure that bike.rent is operational every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in down time but we shall not be obliged to provide such notice.
2.2. We may update and change Bike.rent and its look and features from time to time to reflect changes to our products, our users’ needs and our business priorities. We do not guarantee that Bike.rent, or any content on it, will always be available or be uninterrupted.
2.3. We may suspend or withdraw or restrict the availability of all or any part of Bike.rent for business and operational reasons or any other reason without notice to you.
2.5. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and You acknowledge that access to the internet, mobile phone networks or other communication media necessary for the provision of Our Services is inherently associated with risks including viruses, data security, piracy, availability of services and reliability of data transmission. We do not warrant that any of the services will be uninterrupted or error-free.
2.6. We do not back-up your content and data used on Bike.rent. We recommend that you back up any content and data used in connection with Bike.rent, to protect yourself in case of problems with the service.
2.7. Bike.rent is provided to you “as is” and we expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. We do not warrant that Bike.rent will operate uninterrupted or error-free or that all errors will be corrected.
Third Party Products and Services
3.1. Where our services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information, products or services you may obtain from them. We have no control over the contents of those sites or resources and do not guarantee or take responsibility for them.
Uploading content to bike.rent
4.1. Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out below. You warrant that you have all appropriate legal permissions to any content which you upload to Bike.rent and that it complies with all our standards (wherever they are detailed to you) and agree to be liable to us and to indemnify us in full in the event of any breach of that warranty and against any claim made against us in relation to that content.
4.2. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a non-exclusive licence to use, store, edit, reproduce, modify and copy that content and to distribute and make it available to third parties.
4.3. We have the right to remove any content you make available on Bike.rent, without liability, if, in our opinion, that content does not comply with the standards set by us. We my suspend or terminate our agreement with you or any access to Bike.rent, without liability, if in our opinion You are not complying with the spirit of this agreement or operate in a way which fails to uphold the highest standards of customer care.
4.4. You must: (i) ensure that any content uploaded by You and all activities You carry out through Bike.rent and any subsequent agreement with any Hirers complies with all applicable local legislation (including any consumer specific legislation) relevant to You and Your business and complies with the highest levels of standards and care; (ii) ensure that any content uploaded by You to Bike.rent is true, accurate, current and complete and ensure that you maintain and promptly update this information if it changes; (iii) not use Bike.rent or our other services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously; (iii) not infringe our intellectual property rights or those of any third party in relation to Your use of Bike.rent or our services; (iv) not transmit any material that is defamatory offensive or otherwise objectionable in relation to your use of Bike.rent or our services; (v) not use Bike.rent in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
Your right to use Bike.rent
5.1. In consideration of your compliance with the terms of this agreement and any other agreement we may have with You, we grant you a non-transferable, non-exclusive license to use the services we make available to you on Bike.rent.
Intellectual Property Ownership and Use
6.1. Unless otherwise indicated, bike.rent and any content on it are the property of Bike Rental Manager or our licensors and are protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Nothing in these terms grants you any right, title or interest in any intellectual property rights of any kind.
6.2. Bike Rental Manager, Bike.rent and the Bike Rental Manager and Bike.rent logo (“BRM Marks”) are trade marks of Bike Rental Manager. The BRM Marks may not be copied, imitated or used, in whole or in part, without prior written permission. All other trade marks, logos, trade names and any other proprietary designations are the trade marks or registered trade marks of their respective owners and may not be used without permission of the applicable trade mark holder.
Liability and Indemnity
7.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
7.2 We exclude all implied conditions, warranties, representations or other terms which may apply to Bike.rent or any content on it; (b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, Bike.rent; or (ii) use of or reliance on any content displayed on our site.
In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Bike.rent or to your downloading of any content on it, or on any website linked to it.
7.3 You agree to indemnify and hold Us harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by Us as a result of or in connection with: (a) any alleged or actual infringement, of any third party’s intellectual property rights or other rights arising out of the use or supply of content provided by You or uploaded to your part of Bike.rent; or (b) any use or misuse of the BRM Marks; and (c) any breach by You of these terms or any negligent act or omission committed by You.
8.1. If You breach the license limitations or restrictions in this agreement and if within ten 10 business days of Your receipt of a reasonably detailed written request to cure, You have not cured all breaches, we may, with immediate effect, terminate this agreement without prejudice to any available rights and remedies in contract and for infringement.
8.2. We may terminate this agreement immediately by written notice to You for any reason. We may also suspend or permanently terminate your access to Bike.rent at any time without notice to You if in our opinion you have breached the terms of this agreement, the spirit of this agreement, or You are engaging in any activity which is damaging or potentially damaging to our business or other users.
8.3. In the event of termination, your access to Bike.rent will be immediately suspended and all content deleted.
9.1. These terms and the documents referred to in them are the entire agreement between us with regard to their subject matter and no other terms, conditions, warranties or statements (unless fraudulent) will apply.
9.2. If a court decides that any part of these terms or the documents referred to in them cannot be enforced, the offending clause or wording will not apply but the rest of the document will.
9.3. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these terms or the documents referred to in them shall not prevent the exercise of that or any other right.
9.4. You may not assign or transfer any benefit, interest or obligation under these terms without Our prior written consent. We may transfer our rights and obligations under this agreement to another organisation at any time, but this will not affect your rights or our obligations under this agreement.
9.5. We irrevocably agree that any dispute or claim arising out of or in connection with these Conditions will be governed by and construed in accordance with the law of England and Wales and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions (including non-contractual disputes or claims).