Bennetts BikeSocial Terms of Service
1.1 Please read this document carefully. It contains important information about your rights and obligations.
1.2 In these Terms of Service:
1.2.1 ‘"We"’, ‘"us"’ or ‘"our"’ means Bennetts Motorcycling Services Limited; and
1.2.2 "You"’ or ‘"your"’ means the person subscribing to BikeSocial.
2. ACCEPTANCE OF TERMS OF SERVICE
2.1 The BikeSocial membership platform, is presented to you by Bennetts, which is a trading name of Bennetts Motorcycling Services Limited, registered in England and Wales (company number 11453343) with its registered address: 27 Old Gloucester Street, London WC1N 3AX ("Bennetts").
2.2 By subscribing to BikeSocial, you accept and agree to be bound by these Terms of Service. If you do not accept these Terms of Service, you should not access or use the BikeSocial membership platform.
2.3 Bennetts may at any time modify these Terms of Service. The most current version will supersede all previous versions.
2.4 By continuing to use BikeSocial following any changes to the Terms of Service, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Service from time to time to verify such variations.
2.5 Each offer, promotion, or competition on BikeSocial also has its own Terms and Conditions which will be displayed on the https://rewards.bennetts.co.uk website at the time of redemption. Each partner will also have their own Terms and Conditions which govern the goods and services that you are purchasing, and you should make sure that you have read these prior to making a purchase or entering a competition.
3. PURCHASING YOUR MEMBERSHIP
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You purchase your BikeSocial membership subscription through https://rewards.bennetts.co.uk/account/membershipsignup by providing your full name, email address and telephone number. Please read and check your purchase request carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
3.3 When you place your purchase request at the end of the online checkout process (being when you click on the ‘join now' button), we will acknowledge it by email (the "Confirmation Email"). Once payment has been approved you will have access to your BikeSocial membership.
3.4 Once you receive your Confirmation Email a legally binding contract will be in place between you and us.
3.5 If you are under the age of 18 (eighteen) you may not purchase a BikeSocial membership subscription-.
3.6 We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions, limitations and lengths, which will be disclosed at your sign-up or in other communications made available to you
4. YOUR OBLIGATIONS
4.1 A BikeSocial membership enables you to set up a user account, which is necessary to access certain features and functions. You are responsible for ensuring the information you provide when setting up an account is accurate and for keeping such information up to date.
4.2 You must keep your user credentials, including your login and password, confidential at all times and should not permit third parties to access and use your account. You are responsible for all use of your BikeSocial account and you must prevent unauthorised use of your account.
4.3 We may suspend or terminate your membership if you share your login or password without our consent.
4.4 If you believe there has been any theft or unauthorised use of your login or password or any payment information, you must notify us immediately at firstname.lastname@example.org and we will contact you to assist you in changing your password.
4.5 By using BikeSocial, you agree not to:
4.5.1 upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with Bennetts or BikeSocial;
4.5.2 interfere with the servers or networks connected to BikeSocial or Bennetts, or to violate any of the procedures, policies or regulations of networks connected to the BikeSocial platform, the terms of which are incorporated herein;
4.5.3 sell, export, license, modify, copy, reverse engineer, distribute or transmit any part of BikeSocial , without our prior express written permission;
4.5.4 impersonate any other person while using BikeSocial;
4.5.5 conduct yourself in a vulgar, offensive, harassing or objectionable manner while using BikeSocial;
4.5.6 use BikeSocial, for any unlawful or improper purpose; or
4.5.7 resell or export the software associated with BikeSocial.
4.6 We reserve the right to terminate the limited licence granted by us in clause 8 if you use BikeSocial for any unauthorised use.
5.1 We only accept debit, credit cards and payments via Paypal as a payment method.
5.3 Your credit card, debit card and Paypal account will only be charged when you click “join now” on our website, or if you have selected a monthly subscription plan, your payment method will be charged each month, on the billing date indicated when you sign up.
5.4 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clause 7.
5.5 Unless expressly stated otherwise, the price of the services is in pounds sterling (£) (GBP) and includes VAT at the applicable rate.
5.6 The membership fee for BikeSocial will be charged to your payment method on the specific payment date indicated when signing up. If you have chosen to pay for your membership monthly, payments will continue to be taken from your payment method each month on the specific payment date indicated when signing up, until cancelled. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your payment method
5.7 We can provide a VAT invoice upon request. Please send us an email, using the details on our contact us page to request a VAT invoice at any time.
6. CHARGES AND SUBSCRIPTION PERIOD
6.1 The price of BikeSocial membership will be the price set out on our website when you purchase a subscription and will remain the same for the duration of your selected subscription, unless BikeSocial notifies you of any price changes (see 6.4). Any amount you pay is inclusive of VAT and any confirmation of payment you receive is inclusive of VAT.
6.2 To continue with your subscription to BikeSocial following the expiry of your membership you will need to make a payment for a new 12 month subscription. We will notify you by email 1 month before your subscription to BikeSocial is due to expire. If you have selected to pay monthly for your membership, your subscription will not expire and will continue until cancelled.
6.3 If you have paid for a 12 month subscription to BikeSocial, the amount you pay will remain fixed for the duration of your subscription. If you decide to renew your subscription, we reserve the right to change the price of your subscription for the renewal period.
6.4 We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
6.5 When you use the BikeSocial platform, you may be subject to charges imposed by your wireless or other applicable network carrier. Payment of such charges is solely your responsibility. BikeSocial membership may not be accessible in some countries and will depend on BikeSocial being supported by the foreign network. You should check with the local carrier whether you will be required to pay additional charges for such access. The ability to access BikeSocial may be restricted or impaired when on a roaming network abroad.
7. CANCELLATIONS AND REFUNDS
7.1 You have the right to cancel your BikeSocial membership subscription within 14 days of you receiving your Confirmation Email without giving any reason (the "Cooling Off Period").
7.2 To exercise your right to cancel, you must inform us of your decision to cancel your BikeSocial membership by a clear statement (eg a letter sent by post or email) using the contact details in clause 18. You must provide your full name, membership ID, sign up date and email address. You may also use the online cancellation form available here http://rewards.bennetts.co.uk/regulatory/onlinecancellationform, but it is not obligatory.
7.3 If you choose to cancel your membership during the Cooling Off Period, you will receive a full refund back to your original payment method within 14 days from the date you notified us of your right to cancel. You will not be entitled to a refund if you have redeemed a reward or entered a competition.
7.4 Your subscription to BikeSocial can be cancelled at any time outside of the Cooling Off Period by contacting us on webchat or emailing us at email@example.com stating your name and membership ID, but you will not be entitled to a refund.
7.5 If you subscribe monthly to BikeSocial membership, you can cancel your BikeSocial membership at any time, and you will continue to have access to the service through to the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods.
7.6 When cancelling your BikeSocial membership you must provide 2 working days’ notice before the end of your billing period to ensure you are not charged. If you do not provide 2 working days’ notice, we cannot guarantee that your BikeSocial membership will be cancelled before your next billing period and you may still be charged.
8. INTELLECTUAL PROPERTY
8.1 Nothing in these Terms of Service grants you any legal rights in BikeSocial or the online membership platform other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the membership platform or the content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the membership platform or the content.
8.2 Bennetts are the sole owners of all intellectual property rights in BikeSocial and the online membership platform, which includes any software, domain names, and content made available through it. BikeSocial membership is for your own personal and non-commercial use only, and Bennetts grants you a limited license for that purpose.
8.3 BikeSocial and its graphics, logos, icons and service names related to BikeSocial membership are registered and unregistered trademarks of BikeSocial. They may not be used without Bennetts' prior express written permission. All other trademarks not owned by Bennetts that appear in connection with BikeSocial, are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Bennetts.
9. PRIVACY AND DATA PROTECTION NOTIFICATION
9.2 We use the data, including sensitive personal data, that we collect from you and any named riders to contact you and personalise our communications. Bennetts also uses your data for administrative purposes to provide the service you requested. If Bennetts has obtained your permission to do so, we will also contact you by post, telephone, email or other means to tell you about offers, products and services that may be of interest to you. At any time, you can opt out of receiving such information, revise the products you would like to hear about or change the method we use to communicate with you.
10. USE OF INFORMATION SUBMITTED
You agree that Bennetts is free to use any comments, information or ideas contained in any communication you may send to BikeSocial without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving BikeSocial, or other products or services.
11. THIRD PARTY OFFERS
BikeSocial may contain links to third party web sites or programs that are not controlled by or affiliated with BikeSocial. Bennetts is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honour any offer. Your dealings with third party sites are solely between you and the applicable third party.
12. SUSPENSION AND TERMINATION
12.1 We may suspend your membership, temporarily deactivate your access to BikeSocial or terminate your membership (in our discretion) if:
12.1.1 we suspect any fraud in any matter connected to your membership;
12.1.2 there is any significant misuse of your membership; or
12.2 If we terminate your BikeSocial membership under this clause 12, we have no obligation to refund you for any membership fee you have paid. We may, in our absolute discretion, offer a refund of the membership fee but we shall be entitled to deduct the price of any services you have benefitted from since the start of your membership and a fair amount to reflect the loss to us from terminating the membership in such circumstances. This right does not limit any other rights we may have against you.
12.3 If you subscribe monthly to BikeSocial membership, you must provide a payment method. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend or cancel your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
13. LIMITATIONS ON USE AND AVAILABILITY
13.1 BikeSocial is provided for personal and non-commercial use to residents of the UK. If you choose to access BikeSocial from locations outside of the UK you are responsible for compliance with any applicable local laws.
13.2 We seek to make BikeSocial membership accessible at all times but we do not guarantee that access to BikeSocial will be uninterrupted or error-free. You agree that you are solely responsible for the means by which you access BikeSocial, and for any costs and expenses you may incur in relation to your use of BikeSocial.
13.3 When we provide you with access to BikeSocial:
13.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
13.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is on our website; and
13.3.3 you acknowledge that there may be minor errors or bugs in it.
13.4 All rewards on BikeSocial are subject to availability and we reserve the right to withdraw any product or service without notice.
13.5 We may suspend or terminate access or operation of the Site at any time as we see fit. If we terminated your membership access to BikeSocial we would provide you with a pro rata refund of your subscription fees.
14. LIMITATION OF LIABILITY
14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), our liability to you shall not exceed the price paid by you for BikeSocial membership in any 12 month subscription period.
14.2 In no event shall Bennetts, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with BikeSocial, or these Terms of Service, and whether or not advised of the possibility of damage.
14.3 In addition, we shall not be responsible for any business losses, including but not limited to loss of business, profits, revenue, or goodwill. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold Bennetts and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable legal fees and court costs, arising, directly or indirectly, out of your use of BikeSocial, or your violation of any law or the rights of any third party.
16. DISPUTES AND GOVERNING LAW
16.1 We will try to resolve any disputes with you quickly and efficiently.
16.2 If you are unhappy with:
16.2.1 the services;
16.2.2 our service to you generally; or
16.2.3 any other matter,
please contact us as soon as possible (see details in clause 18) and we will respond to you within 28 calendar days.
16.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
16.3.1 let you know that we cannot settle the dispute with you; and
16.3.2 give you certain information required by law about our alternative dispute resolution provider which is run by the ADR Group, http://www.adrgroup.co.uk/DisputeResolution/.
16.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
16.5 The laws of England and Wales will apply to these Terms of Service.
17.1 If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck out, and the remaining provisions shall be enforced.
17.2 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision.
17.3 No one other than a party to these Terms of Service has any right to enforce any term of these Terms of Service.
18. CONTACT US
If you have any questions about these Terms of Service and/or your use of BikeSocial, please contact us at: firstname.lastname@example.org or via webchat.