TERMS AND CONDITIONS
USER POLICY › PRIVACY POLICY
1 Introduction
1.1 These terms and conditions (”the Agreement”) govern your
rights and obligations as a user and member of UKBiker (“Member, “you”
or “your”), and those of Encyclas Limited, a company registered
in England under registration no. 04729408 ("UK Biker", "we",
"us" or “our”), in relation to this site and the services
offered by UKBiker through it (the "UKBiker Service"). By becoming
registered with the UK Biker Service, you agree to the terms of this Agreement,
and you re-affirm that agreement every time you use it. Your agreement to
the terms of this Agreement in this way brings into existence a legally
binding contract between you and us. You should be aware that this Agreement
may change from time to time in accordance with Clause 19 below.
2 Types of membership
2.1 You become a Member of the UKBiker Service upon registration with us.
You must be at least 16 years of age. The membership of the Members divides
between those who pay our fee for a full annual membership (which we call
"Full Members"), and those who do not ("Non-paying Subscribers").
Members whose fees are paid by an approved sponsor of UKBiker are also Full
Members.
2.2 As well as being able to browse the UKBiker Service like any visitor
to it, Non-paying Subscribers may opt upon registering to receive emails
from us. These emails will be sent to such email address provided by the
Non-paying Subscriber from time to time. Such emails shall inform Non-paying
Subscribers of biking related matters in general. Non-paying Subscribers
may cancel this service by email.
2.3 Full Members may:
(i) receive by email the UKBiker newsletter on a monthly basis;
(ii) receive other emails from us from time to time informing them of promotional
offers or discounts being offered by third parties;
(iii) upload photographs and movies to our holding area for inclusion into
our galleries section in this site subject to the terms of this Agreement.
2.4 Full Members shall be issued with a membership card sent to the postal
address supplied on registration which will enable them to benefit from
such promotions mentioned in the newsletters and or emails referred to in
clauses 2.3 (i) and (ii) and or in this site.
2.5 We are not an internet service provider, however. In order to avail
of the UKBiker Service, you must have internet access and all the software
(and skills) required for email and web usage.
3 Full Membership
3.1 If you decide to become a Full Member, and therefore pay our Full Membership
Fee (currently £25 per annum inclusive of any VAT) or where our membership
fee is paid on your behalf, you are agreeing to take the Full Membership
that we make available to you shortly after that fee is paid. You will not
be entitled to any refund of that fee save under clause 5. Your Full Membership
will last for twelve months commencing on the date that you register. If
you wish to continue with Full Membership after the expiry of that twelve
month period, we will enable you to do so, at our then-current terms and
prices. But please note that we reserve the right to change the amount of
the fee for Full Membership, the period which it covers, the services which
it enables you to obtain and other factors from time to time. However, these
changes, unless they are changes under Clause 8 or Clause 9 below, will
not affect your then-current Full Membership.
4 Registration and membership number
4.1 You undertake to register for the UKBiker Service using accurate and
current information about yourself – including your correct name,
address and any other requested details. If you are asked for, and provide,
details of a credit, debit or charge card; in that event, you must ensure
that a) you are fully entitled to use that card, and b) it has available
funds sufficient to cover the charges which are deducted from it. As part
of the registration process for the UKBiker Service, you may receive a verification
email, the purpose of which is to take reasonable steps to ensure that the
email address you have nominated during registration is controlled by you.
If you have applied to become a Full Member this email shall also contain
your personal information that you entered and a membership number that
you will need to gain use of our membership benefits.
4.2 Where you are a Full Member you are responsible for maintaining the
confidentiality of the membership number and are solely and fully responsible
for all acts and omissions that occur under your membership number. You
agree to immediately notify us of any unauthorised use of your membership
number or any other breach of security. We cannot and will not be liable
for any loss of damage arising from your failure to comply with this Section.
5 Full Members’ right to cancel contract and to be refunded
5. 1If you are a Full Member (having paid your membership fee) you may cancel
your contract with us for the UKBiker Service at any time up to the end
of the seventh working day from the date that you become registered with
the UKBiker Service. You do not need to give us any reason for cancelling
your contract nor will you pay any penalty. To cancel your contract you
must notify us by email.
5.2 Once you have notified us that you are cancelling your contract pursuant
to clause 5, any sum debited to us from your credit card or debit card will
be re-credited to your account within 60 days of your registration to the
UKBiker Service subject to clause 5.3 below.
5.3 Payment of any sum to you in accordance with clause 5.2 is subject to
you first returning at your own cost and us receiving at our offices at
12 Swan Drive, Staverton Marina, Trowbridge, Wiltshire, BA14 8US any membership
card issued by us to you.
5.4 You shall not be entitled to any refund where your membership fee has
been paid on your behalf by a third party.
6 Privacy policy
6.1 UKBiker’s privacy policy forms part of this Agreement, and by
agreeing to this Agreement, you also give your consent to the way we may
handle your personal data in that policy. Given the global nature of the
World Wide Web, any posting on the UKBiker Service (including any personal
information) is, of course, accessible to internet users around the world.
7 Additional services
7.1 UKBiker or its affiliates may offer new or additional services through
the UKBiker Service from time to time. Your use of those services may be
subject to additional terms and conditions, or rules of use, which you must
comply with. Provided that those terms or rules are notified to you on the
UKBiker Service in an appropriate manner (as determined by UKBiker in its
reasonable discretion), any failure by you to comply with a material provision
of the terms or rules governing those services will amount to a breach of
this Agreement.
8 Operation of UKBiker Service.
8.1 UKBiker reserves the right to withdraw or modify one or more aspects
of the UKBiker Service with or without notice where we have legal or technical
reasons to do so (including technical difficulties experienced by UKBiker
or on the Internet). There may also be times when the UKBiker Service becomes
unavailable, whether on a scheduled or unscheduled basis. For security or
other reasons, we may require changing your membership number or other information
which facilitates access to the UKBiker Service. You agree that we shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the UKBiker Service.
9 Misuse of UKBiker Service
9.1 We reserve the right:
(i) to suspend or terminate your access to the UKBiker Service, or parts
of it; and/or
(ii) to edit, or require you to edit, material posted on the UKBiker Service;
if you or the material posted appears to us to be in breach of any provision
of this Agreement. Any person whose access has been suspended or terminated
must not re-register for, or re-access, the UKBiker Service without our
prior written consent. You are responsible for everything which is done
on or through the UKBiker Service while your membership account is logged
on to the UKBiker Service, or through your email address(es).
10 Fees
10.1 You acknowledge that we are entitled to alter the amount or the basis
of the calculation of our fees from time to time, provided that such amount
or basis is clearly stated at the time when you agree to take the relevant
UKBiker Service.
10.2 Subject to clause 5 fees paid by a Full Member will not be rebated
or refunded by UKBiker, unless the UKBiker Service for which the Full Member
has subscribed is completely withdrawn from that Full Member by us other
than in circumstances permitted under this Agreement.
10.3 We may add new or ancillary services from time to time which require
the payment of fees – either to us or a nominated third party –
on terms which will be provided to you at the time.
10.4 Replacement membership cards - if you lose, misplace or share your
memebrship card a repacement will be issued, but an administration charge
of £5 will be made.
11 Your Conduct
11.1 You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials (“Content”),
whether publicly posted or privately transmitted, are the sole responsibility
of the person or organisation from which such Content originated. This means
that you, and not we, are entirely responsible for all Content that you
download, post, email or otherwise transmit via the UKBiker Service. We
do not control the Content posted via the UK Biker Service, and, as such
do not guarantee the accuracy, integrity or quality of such Content. Under
no circumstances will we be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or any loss
or damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the UKBiker Service.
11.2 You are responsible for ensuring that no material you post, or which
is posted through a machine on which you access the UKBiker Service, nor
any activity or communication you make in connection with any UKBiker Service,
will be capable of:
(i) infringing the intellectual property or other rights of any person or
entity;
(ii) breaching any applicable local, national or international law, whether
criminal, tortious or otherwise;
(iii) appearing to be offensive, threatening, obscene, pornographic, false,
unreliable or misleading;
(iv) transmitting any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
(v) interfering with or disrupting the UKBiker Service or servers or networks
connected to the UKBiker Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the UKBiker Service.
12 Alerting UKBiker/Withdrawal of material
12.1 You acknowledge that we are entitled to withdraw any material on the
UKBiker Service which appears whether based on information received from
Members or others, and or which we consider to be capable of breaching any
part of this Agreement, or of bringing the UKBiker Service into disrepute.
However, you acknowledge that we generally do not monitor material which
appears on the UKBiker Service, and that we are reliant upon you to notify
us of anything you see here which appears likely to breach this Agreement
by email.
13 Disclaimer and Release
13.1 You expressly understand and agree the following:
(i) UKBiker has no control over or responsibility for the truth or accuracy
of any material available on the UKBiker Service, whether provided by Members
or others;
(ii) if any third party sites are linked to the UKBiker Service, this does
not mean that we endorse or have any responsibility for the site in question
or anything which appears on it;
(iii) you should exercise no lesser degree of caution in appraising what
you see on the UKBiker Service than you do offline;
(iv) even though you are prohibited from doing so, people may provide information,
or otherwise behave, in a way that is unreliable, misleading or even illegal.
Further, you should note that people may not necessarily be who they say
they are;
(v) your use of the UKBiker Service is entirely at your own risk;
(vi) the UKBiker Service is provided on an ‘as is’ basis and
we make no warranties of any kind with respect to the UKBiker Service or
its contents and we disclaim all such representations and warranties;
(vii) we make no warranty that:
(a) the UKBiker Service will meet your requirements;
(b) the UKBiker Service will be uninterrupted, timely, secure, error-free
or free from omissions;
(c) the information that may be obtained from the use of the UKBiker Service
will be accurate or reliable;
(d) the quality of any products, services, information or other material
purchased or obtained by you through the UKBiker Service will meet your
expectations;
(e) any errors in the software will be corrected;
(f) the software or other equipment making the UKBiker Service available
will be free of viruses or other harmful components;
(viii) any material downloaded or otherwise obtained through the use of
the UKBiker Service is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer system or loss
of data that results from the download of such material;
(ix) no advice or information, whether oral or written, obtained by you
from us or through or from the UKBiker Service shall create any warranty
not expressly stated in the Agreement.
13.2 Accordingly, to the
extent that the law permits, you release UKBiker its directors, contractors
and employees from all liability arising out of or in connection with the
UKBiker Service and the material included here by Members and other third
parties.
14 Our Proprietary Rights
14.1 You acknowledge and agree that the UKBiker Service and any necessary
software used in connection with the UKBiker Service (“Software”)
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content or other information presented to you through the UKBiker Service
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorised by us, you agree
not to modify, rent, lease, loan, sell or distribute or create derivative
works based on the UKBiker Service or the Software, in whole or in part.
You agree not to access the UKBiker Service by any means other than through
the interface that is provided by us for use in accessing the UKBiker Service.
14.2 By submitting any material or content to the UKBiker Service, you:
(i) are representing that you are fully entitled to do so;
(ii) grant us a non-exclusive, royalty-free, non-terminable licence right
to copy, modify, distribute, show in public and create derivative works
from that material in any form, anywhere; and
(iii) authorise us to adapt the relevant material in the course of doing
so, and so waive your moral rights to object to any derogatory treatment,
or to be identified as the author, of the material in question.
15 Limitation of liability
15.1 We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). UKBiker will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
15.2 Without limiting the preceding clause, during any period of twelve months the aggregate liability of UKBiker under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to such sums paid by you to us by way of membership fees during the relevant period of twelve months, regardless of the cause or form of action.
15.3 Nothing in this Agreement limits UKBiker's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
16 Indemnity
16.1 You agree to indemnify us against any claim or demand, liability of damage including legal and professional fees and expenses, made by any third party due to or arising out of Content you submit, post to or transmit through the UKBiker Service, your use of the UKBiker Service, your connection to the UKBiker Service, your violation of the Agreement or your violation of any rights of another.
17 Assignment
17.1 We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of UKBiker assign or dispose of this Agreement.
18 Entire Agreement
18.1 This Agreement together with our current website prices, contact details and privacy policy constitute the entire agreement between us and you concerning the UKBiker Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
19 Changes to this Agreement
19.1 UKBiker reserves the right to change this Agreement from time to time (without emailing or writing to you) and post the new version on this site. We shall however notify any changes made to the Agreement on the main page of this site, and the new version of these terms and conditions will take effect, and will govern all UKBiker Services and your relationship with UKBiker:
(i) commencing one week after the date of posting (or such later date as UKBiker indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the UKBiker Service; or
(ii) immediately upon the date of posting (or such later date as UKBiker indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of UKBiker’s addresses or email addresses referred to in this Agreement.
20 Severability
20.1 In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
21 Law
21.1 This Agreement shall be governed by and construed in accordance with the laws of England and we and you agree to submit to the non-exclusive jurisdiction of the English Courts.
22 Notice
22.1 You can contact us by post at 12 Swan Drive, Staverton Marina, Trowbridge Wilts, BA14 8US or by email. Please make sure you include your email address with all correspondence.
22.2 Notices to you may be made via either email or regular mail. The UKBiker Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to you generally on the UKBiker Service.
23 Waiver
23.1 Failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
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USER POLICY
1 Terms of Use
This website is owned and operated by Encyclas Limited (“our”, “us” or “we”) and is made available to you on the following terms. By using this website you are deemed to accept these terms. Should you decide to use our services as a member you will also be required to accept additional terms and conditions, but please note that these terms shall continue to apply to you as a user of this website.
2 Use of The Website
The information and services available on the website are provided for the sole purpose of providing you with information in respect of our service. You may use, print and download information from the website to enable a full consideration of our services and their applicability to your personal requirements. You may not otherwise copy, display, transmit or distribute any material from the website.
3 Disclaimers
We provide this website on an ‘as is’ basis and we make no representations or warranties of any kind with respect to this website or its contents and we disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this website. The information contained in this website may contain technical inaccuracies or typographical errors. All our liability, howsoever arising, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with your use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
4 Copyright and Trademark Information
We are the proprietor of the UKBiker name and get-up together with the copyright in this website. All other trade marks, brand names, product names and titles and copyrights used in this website are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
5 Availability of website
While we will use all reasonable endeavours to make our website available, we cannot guarantee that it will operate continuously or without interruptions.
6 Privacy policy
We take privacy issues seriously. Our current privacy policy covers our use of any information you provide. In using our services or this website you acknowledge and agree to be bound by the terms of our privacy policy.
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PRIVACY POLICY
1 Encyclas Limited’s commitment to privacy
This is a legal document which sets out how UKBiker handles data which identifies you. You should read it in conjunction with the UKBiker Terms and Conditions, of which this Privacy Policy forms part.
At UKBiker, we believe strongly in protecting the privacy of our users’ personal information. This statement describes the privacy practices we apply for the UKBiker Service. As part of that, it also expresses our approach to complying with the data protection laws which apply in the United Kingdom. If we change this Privacy Policy we will post the changes on this page and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times.
If you have questions or concerns regarding this statement please contact us by email.
2 Your Consent
We will also email you should we make any changes so that you may consent to our use of your information in this way. Continued use of the UKBiker Service will signify that you agree to such changes.
3 Information gathered on registration
When you register for the UKBiker Service, you provide your name, address, telephone number, email address, credit or debit card details and some optional notes about yourself ("Registration Information"). If you wish to change any or all of your details please contact us using our email or our postal address at 12 Swan Drive, Staverton Marina, Trowbridge, Wilts, BA14 8US.
4 Use of Cookies
We use small files known as "cookies" to enhance users’ experience of the UKBiker Service as follows:
(i) to hold Members’ login information. This option can be turned off by switching the "Remember Your Password" option to "No" in Your Details;
(ii) to facilitate optimal use of the UKBiker Service by Members, by means of a temporary "session" cookie. These cookies disappear when the Member’s browser session ends.
Third party cookies are used on some parts of the site. They are used for tracking the success of advertising campaigns. These cookies are normally permanent. Blocking of third party cookies by users and Members will not affect the functionality of the website.
5 Sharing and use of information
We, and (where relevant) our credit card processing agents, will not supply credit and/or debit card details to a third party for commercial exploitation. With your consent we may share your email and/or postal address with other businesses or organisations for marketing purposes. Should you wish us not to share your Registration Information with any third party please email.
6 Advertising
The UKBiker Service may include interactive advertising for other businesses. We may use, and provide to third parties, anonymised demographic data provided by Members to target this advertising more appropriately.
7 Emails/Newsletters
We send Members regular and occasional emails containing information about special features of our website or any other service or products we think may be of interest to you. If you would rather not receive this information please notify us by email.
8 Credit Card information
We do carry out regular checks to ensure that any of your payment details collected and stored by us are erased from our records after your subscription with us is terminated All your payment details are processed through a secure payment system provided by Worldpay Plc. For further information about Worldpay Plc and its services, terms and conditions visit www.worldpay.com
9 Companies in the UKBiker group
We may share data supplied by you (or collected about you) with our subsidiaries and other companies in our group, but only for the purposes described in this policy.
10 Sale of Business
If this business or any part of it is sold or integrated with another business your details may be disclosed to our advisor and any prospective purchaser and their advisors and will be passed on to the new owners of the business or any part thereof.
11 Place of processing
The personal information held by us is held on and processed by computers situated in the United Kingdom.
12 Security
We have security measures in place to protect our customer database and access to this database is restricted internally. However, it remains each Member’s responsibility:
(i) to ensure against use by anyone else of the UKBiker Service through the machine that Member uses while they are "logged on" to the UKBiker Service;
(ii) to log off or exit from the UKBiker Service when not using it; and
(iii) to keep his/her membership number secret.
13 Opt-out policy
You may have your registration details removed at any time. To remove yourself please email and we will remove all your personal information contained in Your Details.
14 Disclosure for legal reasons
We reserve the right to communicate such of a Member’s personal information as we hold to third parties which seek the disclosure of it, and which make a legally-compliant request for its disclosure.
15 Contacting UKBiker
If you have any questions about this privacy policy, the practices of this site, or your dealings with UKBiker, you can contact us at this email address. You can also use our postal address specified above if you wish to request from UKBiker a copy of the personal data we hold about you or a description of that data. Please note that by English law we are entitled to charge you a small sum for providing this information.
16 Links to third party sites
Our site contains links to other sites. UKBiker is not responsible for the privacy practices, or the content, of those web sites and we encourage you to read the privacy statements of all the sites that you visit which may collect personal information. This privacy policy applies solely to information collected by this website.
17 Data Protection Information
You can obtain further information about data protection laws by visiting the Information Commissioner’s website at www.dataprotection.gov.uk. You can search for our Data Protection Notification there, should you so wish.