Last revised: 18th December 2015
NOTE THAT CLAUSE 12 LIMITS AND EXCLUDES OUR LIABILITY
Welcome to our website. Our terms and conditions (together with any other terms or policies referred to in them) (our terms) tell you the terms and conditions on which you (you or your) may make use of our website www.cycleassociation.uk (this site), whether as a guest or a registered user. Use of this site includes accessing, browsing, registering to use or purchasing services from this site. These terms also contain the legal terms and conditions on which we supply the products or services listed on this site to you.
By continuing to browse our website and specifically when registering as a registered user on or purchasing products or services from this site, you agree to comply with and be bound by our terms.
We reserve the right to change our terms at any time and it is your responsibility to check them regularly before using this site or ordering.
Our terms, and any contract between us, are only in the English language.
1. WHO WE ARE
This site is operated by ActSmart (on behalf of the Association of Cycle Traders), a division of C 2 Zero Ltd (we, us or our). We are a limited company registered in England Wales whose registered office is 2nd Floor, Hygeia House, 66 College Road, Harrow, Middlesex HA1 1BE. Our company registration number is 5121702 and our VAT registration number is 839636580.
You may contact us by telephone on 01273 427 700 or by e-mailing us at firstname.lastname@example.org or writing to us at PO Box 5110, Hove BN52 9EB. Notice of any formal matter under our terms must be given in accordance with clause 15.
2. PRIVACY AND COOKIES
3. ACCESSING THIS SITE
We do not guarantee that this site, or any content on it, will always be available or be uninterrupted. Access to this site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this site without notice. We will not be liable to you if for any reason this site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this site, including configuring your information technology, computer programmes and platform in order to do so.
You are also responsible for ensuring that all persons who access this site through your internet connection are aware of our terms, and that they comply with them.
Any user identification code, password or any other piece of information used as part of our security procedures is confidential and must not be disclosed to any third party. Please notify us promptly if you know or suspect that anyone else knows it.
We have the right to disable any user identification code or password if in our reasonable opinion you have failed to comply with any of the provisions of our terms.
4. THE CONTENT OF THIS SITE
The content of this site is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this site. Your use of content on this site is entirely at your own risk, for which we shall not be liable.
We may update this site or change the content at any time. However, please note that any of the content on this site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that this site, or any content on it, will be free from errors or omissions. Neither we nor any third parties guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this site for any particular purpose.
5. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in this site and in the material published on it. This material includes, but is not limited to, the content, trade marks, branding, design, layout, look, appearance and graphics. All such rights are reserved. Reproduction is prohibited other than in accordance with our terms.
You may print off one copy, and may download extracts, of any page(s) from this site for your individual and non-commercial use. You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on this site must always be acknowledged.
You must not use any part of the content on this site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of this site in breach of our terms, your right to use this site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Unauthorised reproduction of any material on this site may give rise to a claim for damages and/or be a criminal offence.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to this site in any website that is not owned by you.
This site must not be framed on any other site, nor may you create a link to any part of this site other than the homepage.
We reserve the right to withdraw linking permission without notice.
We do not guarantee that this site will be secure or free from bugs or viruses. You should use your own virus protection software.
You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this site, the server on which this site is stored or any server, computer or database connected to this site. You must not attack this site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.
8. TERMS OF SUPPLY
You confirm that you have authority to bind any business on whose behalf you use this site.
It is your own responsibility to ensure that any product or service offered or advertised on this site meets your specific requirements. Please refer to clause 4 for provisions relating to the content of this site.
You will be guided through the steps you need to take to place an order with us. Once an order is placed on this site, you will receive an e-mail confirmation and a contract will be formed between us at this time.
SUBSCRIPTIONS AND JOB ADVERTISEMENTS
Subscriptions are annual and will need to be renewed before the end of each year (unless you pay by annual direct debit) for continuity of your listing(s) and access to the subscriber sections of this site. We will contact you to remind you to renew any subscription due to expire.
Subscriptions and job advertisements are non-refundable. We do not guarantee any response to your job advertisement or that any responses will be from candidates suitable or qualified for any job advertised or from prospective customers or clients.
If you purchase a subscription with us, unless you ask us not to, we will share your details with our partner service providers to help you make the most of your subscription.
All prices are quoted in pounds sterling (£). Unless otherwise stated during the order process, prices include Value Added Tax (VAT) at the UK rate.
Payment for subscriptions may be made by annual or monthly direct debit by selecting this option at the payment stage.
Otherwise, payments for products and services are made via secure check-out pages using Global Iris, SagePay and PayPal who take Visa, Visa Electron, MasterCard, Switch / Maestro cards. Card charges will appear on your statement as ‘C2Z t/a ActSmart'. Global Iris are OCI compliant.
Your credit card payment will be taken at the time you place your order. If a problem in supply should occur, your payment method will be refunded as swiftly as possible. The refund may take a couple of days to show as cleared funds on your account, depending on payment provider.
10. CONTENT YOU PROVIDE
You may use this site only for lawful purposes. You may not use this site: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent; (c) to send, upload, use or re-use any material which does not comply with the standards below; or (d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Where you provide content, for example a directory listing or job advertisement, you warrant that the content will comply with the standards below; if it does not, you will be liable to us and indemnify us for any breach of that warranty.
Your content must: (a) be accurate; (b) comply with any applicable law; (c) not be (or be likely to be) defamatory, obscene, offensive, hateful, upsetting, embarrassing, alarming, inflammatory, violent, sexually explicit, discriminatory, illegal, in breach of any legal duty to any third party (e.g. breach of confidence), nor should it promote any of these things; (e) not infringe the intellectual property rights of any third party; (f) not impersonate anyone, misrepresent your identity or affiliation with anyone or endorsement by anyone (including us); (g) not invade or threaten anyone's privacy.
Where we determine, in our discretion, that any content you provide breaches this clause 10, we will take action as we deem appropriate, including (without limitation) the immediate, temporary or permanent removal of part or all of your content or withdrawal of your use of this site (and any other sites we operate). We may also take legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, take other legal action, or disclose information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this clause 10.
Any content you provide will be considered non-confidential and non-proprietary. You grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content provided by you to this site constitutes a violation of their intellectual property rights or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted on this site. The views expressed by others do not represent our views or values.
11. PURCHASES FROM THIRD PARTIES
The details and information of retailers, service providers and other third parties listed on this site (in a directory or otherwise) are believed to be correct but note that they have been provided and/or are updated by those third parties so we cannot be responsible for any errors or inaccuracies.
If you purchase a product or service from one of them (or from the operator of any other website with a link on this site including Savvy, who supply The Experts Cards), you are entering into a contract with them, not us. Please contact them directly if you wish to make a purchase. We are not liable if they choose not to supply any product or service to you or for any breach of the contract between you.
Where any dispute occurs between you and any such third party, we will do everything we can to assist with its resolution but we are not liable for any failure by the third party under any contract between them and you.
12. LIMITATION OF LIABILITY
Nothing in our terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), or any other liability that cannot be excluded or limited by English law.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THIS SITE OR ANY CONTENT ON IT OR ANY CONTRACT BETWEEN US, WHETHER EXPRESS OR IMPLIED.
WE WILL NOT BE LIABLE TO ANY USER 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:
- USE OF, OR INABILITY TO USE, THIS SITE;
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THIS SITE.
WE WILL NOT BE LIABLE TO BUSINESS USERS WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, FOR:
- LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
- LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT BETWEEN US AND ANY BUSINESS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE PAID FOR THE PRODUCTS OR SERVICE UNDER THE RELEVANT CONTRACT.
IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE THIS SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THIS SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
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 THIS SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
FROM TIME TO TIME, THIS SITE MAY ALSO INCLUDE LINKS TO OTHER WEBSITES OPERATED BY THIRD PARTIES. 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).
13. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by any act or event beyond our reasonable control.
If such an event takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. You may cancel a contract (by contracting us) affected by such an event which has continued for more than 28 days.
14. OTHER IMPORTANT TERMS
Our terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our terms. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement.
We may transfer our rights and obligations under our terms or any contract to another organisation, but this will not affect your rights or our obligations. You may only transfer your rights or your obligations to another person if we agree in writing.
Our terms govern the relationship between us and you. No other person shall have any rights to enforce any of our terms or any contract between us.
Any notice or other communication from one of us to the other shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail. It shall be deemed to have been received: if delivered personally, when left at the relevant address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working after posting or if sent by e-mail, one working day after transmission. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. This paragraph shall not apply to the service of any proceedings or other documents in any legal action.
If any provision or part-provision of our terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of our terms.
If we fail to insist that you perform any of your obligations under our terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15. GOVERNING LAW
Our terms, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by English law. You and we agree to the exclusive jurisdiction of the courts of England.