Terms and Conditions
These terms and conditions are the contract between you as the Member and Holmes Cycling Limited (“Us”, “We”, “Our) as owners and operators of the HC Corporate Community (“the Community”). By joining the Community you agree to be bound by these terms.
Holmes Cycling Limited is a private limited company registered in the UK – Company registration no 11835706 – with the registered address at 19 Bennett Drive, Orrell, WIGAN, WN5 7AR
“Community” | means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by Holmes Cycling Limited. It includes all web pages controlled by us. |
“Content” | means the textual, visual or aural content that is encountered as part of your experience as a member of the Community. It may include, among other things: text, images, sounds, videos and animations. It includes content posted by Us or any member. |
“Member” | means any individual or organisation having completed the Community joining process and paid the current Membership fee. |
“Membership” | means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract. |
“Post” | means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on the Community pages, and the phrases “Posted” and “Posting” shall be interpreted accordingly. |
2.1. These terms and conditions regulate the relationship between you and us. By buying Community Membership or using the Community website or phone app, you agree to be bound by them.
2.2. Membership of the Community is only available to UK residents and/or companies/groups.
2.3. In entering into this contract, you have not relied on any representation or information from any source except the definition given on our Community website and Holmes Cycling Limited produced information.
2.4. Subject to these terms and conditions, we agree to provide to members with the services described on our Community at the prices we charge from time to time.
2.5. Our contract with individual members is on the basis of a monthly recurring fee. Membership renews automatically each month unless cancelled by the Community or by you.
2.6. Company or group membership is on a 3 month recurring basis.
2.7. The contract between us comes into existence when we receive payment from you for the first month membership.
2.8. If we give you free access to a Membership or feature which is normally a charged feature, and that Membership or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
2.9. We may change this agreement in any way at any time. The version applicable to your contract is the version which you agreed to at the time you first became a member of the Community.
3.1. When you visit the Community, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your membership.
4.1. Membership for individuals is an automatically renewing monthly contract and we will take a payment each month using the credit card details you use to join the community. Minimum membership term is one month for individuals and 3 months for a group membership.
4.2. Company or group membership is invoiced in advance every 3 months.
4.3. At any time before expiry of your Membership term you may access your account on the website and cancel the auto renewal.
We take care to make Our Website safe for you to use.
5.1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2. We will use your credit card details for your next subscription payment and we will securely store your payment details. These details will be fully encrypted and only used to process your automatic monthly payments.
6.1. We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
6.2. You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:
6.2.1 be malicious or defamatory;
6.2.2 consist in commercial audio, video or music files;
6.2.3 be obscene, offensive, threatening or violent;
6.2.4 be sexually explicit or pornographic;
6.2.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
6.2.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
6.2.7 solicit passwords or personal information from anyone;
6.2.8 be used to sell any goods or services or for any other commercial use;
6.2.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
6.2.10 link to any of the material specified above, in this paragraph.
6.2.11 Post excessive or repeated off-topic messages to any forum or group;
6.2.12 sending age-inappropriate communications or Content to anyone under the age of [18].
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
7.1. hyperlinks, other than those specifically authorized by us;
7.2. keywords or words repeated, which are irrelevant to the Content Posted.
7.3. the name, logo or trademark of any organisation other than that of you or your client.
7.4. inaccurate, false, or misleading information.
8.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [link at privacy policy].
8.2. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
8.3. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
8.4. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
8.5. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
8.6. Please notify us of any security breach or unauthorised use of your account.
9.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
9.2. We are under no obligation to monitor or record the activity of any member for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
9.3. If you are offended by any Content, the following procedure applies:
9.3.1 your claim or complaint must be submitted to us by post or email;
9.3.2 we shall remove the offending Content as soon as we are reasonably able;
9.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
9.3.4 we may re-instate the Content about which you have complained or not.
9.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
9.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
10.1. If you violate Our Website, we shall take legal action against you.
10.2. You now agree that you will not, and will not allow any other person to:
10.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
10.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
10.2.3 download any part of Our Website, without our express written consent;
10.2.4 collect or use any product listings, descriptions, or prices;
10.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
10.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Membership;
10.2.7 share with a third party any login credentials to Our Website.
11.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
11.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
11.3. We make no representation or warranty that the Membership will be:
11.3.1 useful to you;
11.3.2 of satisfactory quality;
11.3.3 fit for a particular purpose;
11.3.4 available or accessible, without interruption, or without error.
11.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
11.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
11.6. We make no representation or warranty and accept no responsibility in law for:
11.6.1 accuracy of any Content or the impression or effect it gives;
11.6.2 delivery of Content, material or any message;
11.6.3 privacy of any transmission;
11.6.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
11.6.5 any aspect or characteristic of any goods or services advertised on Our Website;
11.7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
11.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Membership for repairs, maintenance or other good reasons. We may do so without telling you first.
11.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Membership concerned.
11.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.
11.11. If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input [but do not guarantee to agree with your judgement.]
11.12. Nothing in this agreement excludes liability for a party’s fraud.
12.1. This agreement shall operate for the period for which you have subscribed to be a Member.
12.2. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
12.3. Termination by either party shall have the following effects:
12.3.1 your right to use the Membership immediately ceases;
12.3.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
12.4. There shall be no re-imbursement or credit if the Membership is terminated due to your breach of the terms of this agreement.
12.5. We retain the right, at our sole discretion, to terminate any and all parts of the Membership provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
13.1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
13.2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Membership. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
13.3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
14.1. If it is necessary for us to interrupt the Membership, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
14.2. You acknowledge that the Membership may also be interrupted for many reasons beyond our control.
14.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Membership.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
15.1. any act, neglect or default of yours in connection with this agreement or your use of the Membership;
15.2. your breach of this agreement;
15.3. your failure to comply with any law;
15.4. a contractual claim arising from your use of the Membership.
The following terms apply in the event of a dispute between the parties:
16.1. If you are not happy with our Membership or have any complaint then you must tell us by email message to roy@holmescycling.co.uk
16.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
17.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.3. If you are in breach of any term of this agreement, we may:
17.3.1 terminate your account and refuse access to Our Website;
17.3.2 remove or edit Content, or cancel any order at our discretion;
17.3.3 issue a claim in any court.
17.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
17.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered: |
if delivered by hand: on the day of delivery; |
if sent by post to the correct address: within 72 hours of posting; |
If sent by e-mail to the address from which the receiving party has last sent e-mail:within 24 hours if no notice of non-receipt has been received by the sender. |
17.7. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
17.8. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland]and you agree that any dispute arising from it shall be litigated only in that country.
This is the privacy notice of Holmes Cycling Limited (‘we’, ‘our’, or ‘us’).
Holmes Cycling Limited is a private limited company registered in the UK – Company registration no 11835706 – with the registered address at 19 Bennett Drive, Orrell, WIGAN, WN5 7AR
This notice describes how we collect, store, transfer and use personal data. It tells you about your privacy rights and how the law protects you.
In the context of the law and this notice, ‘personal data’ is information that clearly identifies you as an individual or which could be used to identify you if combined with other information. Acting in any way on personal data is referred to as ‘processing’.
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
The information we process about you includes information:
When you use our website, our services or buy from us, [for example, when you create an account on our website,] we ask you to provide personal data. This can be categorised into the following groups:
By using our website and our services, we process:
We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.
For example, we may aggregate usage information to assess whether a feature of our website is useful.
However, if we combine or connect aggregated information with your personal data so that it can identify you in any way, we treat the combined information as personal data, and it will be used in accordance with this privacy notice.
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal data.
We may use it in order to:
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal data.
In situations where processing personal information is necessary to protect someone’s life, where consent is unable to be given and where other lawful bases are not appropriate, we may process personal information on the basis of vital interests.
For example, we may inform relevant organisations if we have a safeguarding concern about a vulnerable person.
We do not share or disclose to a third party, any information collected through our website.
Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.
For example, when you leave a review or post a message on our website, we reasonably assume that you consent for the message to be seen by others. We may include your username with your message, and your message may contain information that is personal data.
Other examples include:
In posting personal data, it is up to you to satisfy yourself about the privacy level of every person who might use it.
We do not specifically use this information except to allow it to be displayed or shared.
We do store it, and we reserve a right to use it in the future in any way we decide.
Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.
At the point of payment, you are transferred to a secure page on the website of Stripe. That page may be branded to look like a page on our website, but it is not controlled by us.
Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.
They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts.
We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.
In the event of a dispute between you and another user, provided that you consent, we may share your basic personal data, business information and contact information with the other user.
At our discretion, we may share other information to enable the dispute to be resolved through litigation or alternative dispute resolution methods.
We may share your personal data with businesses that provide services to us, or with business partners.
As examples:
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.
They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.
They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.
Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.
Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.
The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.
We use cookies in the following ways:
[We provide more information about the cookies we use in our cookie policy].
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.
We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
We do not sell products or provide services for purchase by children, nor do we market to children.
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.
At any time, you may contact us to request that we provide you with the personal data we hold about you.
At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
To obtain a copy of any information that is not provided on our website you should contact us to make that request.
When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Please be aware that we are not obliged by law to provide you with all personal data we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
If you wish us to remove personally identifiable information from our website, you should contact us to make your request.
This may limit the service we can provide to you.
We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.
When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.
We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:
Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic Communications Regulations (‘PECR’).
We shall update this privacy notice from time to time as necessary.
