1.2.1. Buzzbike is a limited company, registered within England and Wales (registration number: 08495611). Our registered address is: Buzzbike, Unit 1, Royal Studios, 41 Wenlock Road. N1 7SG. Our VAT number is 239 1253 14. www.buzzbike.cc is a site owned and operated by Buzzbike (registered name: Buzz Bikes Ltd.).
1.2.2. You can contact us by email at firstname.lastname@example.org, by phone on 0203 150 0438, or by sending a letter to Buzzbike, Unit 1 Royle Studios, 41 Wenlock Road, London, N1 7SG.
1.3.1. Our services are solely for persons aged 18 years or over. You warrant and represent that:
184.108.40.206. You are aged 18 years or older;
220.127.116.11. All the information you provide to us about yourself is true, accurate, current and complete.
The Lease Period starts on the day the you take delivery of the equipment and shall continue in perpetuity unless this agreement is terminated by notice from you or Buzzbike in accordance with its terms (‘Lease Period’).
2.4.1. The cost of membership to BCC is as stated as you sign up on our website.
2.4.2. Your first membership fee will be collected on the day you take possession of the Equipment. Subsequent payments will be taken the same day of each following month until the termination of this agreement in accordance with its terms.
2.5.1. Membership Fees and Penalty Charges will be deducted from the payment method you provide to Buzzbike.
2.5.2. Cash payments are not accepted.
2.5.3. During the Lease Period, the you agree not to cancel or otherwise prevent payments from being taken from your payment method without first telling Buzzbike and providing an alternative payment method, from which Buzzbike may collect the Membership Fees and Penalty Charges.
2.6.1. You agree to allow Buzzbike to collect from their account the relevant Membership Fees for the Lease Period and any applicable Penalty Charges as set out in clause 2.12.2.
2.6.2. Buzzbike will only seek payment for Penalty Charges in respect of actions initiated by you. Such Charges will be payable at the times specified in clause 2.12.3.
2.6.3. Buzzbike reserve the right to amend the Membership Fees and Penalty Charges at any time, subject to providing you with 30 days notification prior to any such amendments and an opportunity within that time to terminate the agreement.
2.7.1. Delivery of the Equipment shall be to a location as specified by Buzzbike. Buzzbike shall use all reasonable endeavours to deliver to the stated location by the date and time agreed between the parties. Title and risk shall only transfer in accordance with clause 2.8 of this agreement.
2.7.2. You shall procure that you, or a duly authorised representative of yours, shall be present at the delivery of the Equipment. Acceptance of delivery by you or such representative shall constitute conclusive evidence that you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by Buzzbike, your duly authorised representative shall sign a receipt confirming such acceptance.
2.8.2. The risk of loss, theft, damage or destruction of the Equipment shall pass to you on delivery. The Equipment shall remain at your sole risk during the Lease Period and any further term during which the Equipment is in your possession, custody or control (Risk Period) until such time as the Equipment is redelivered to Buzzbike or a central place nominated by Buzzbike. During the Lease Period and the Risk Period, you shall be solely responsible for the care and maintenance of the Equipment.
2.8.3. Buzzbike insures you against theft of the bike and personal accident, subject to your compliance with your obligations set out in clause 2.9. Damage and theft to individual parts are not insured and are your responsibility to replace in accordance with clause 18.104.22.168. Please note that you may want to insure yourself (at your own expense) against any uninsured risks.
2.8.4. You shall give immediate written notice to Buzzbike in the event of any loss, accident or damage to the Equipment arising out of or in connection with your possession or use of the Equipment and notify the police of any theft of the Equipment. Buzzbike will, if the theft, accident or damage to your first Bike is through no fault of yours, make reasonable endeavours to replace the Bike within 14 days. You acknowledge that Buzzbike will not replace the second bike.
2.8.5. Where you are eligible to benefit from the Insurance outlined under clause 2.8.3., there is an excess charge of up to £40 in the case of a total loss or £20 in the case of a single part such as a saddle, lights, or wheel.
2.9.1. You shall during the Lease Period and Risk Period of this agreement:
22.214.171.124. ensure that at all times the Equipment is in your possession or control and keep the Bike locked and secure at all times when not being ridden by parking their Bike both legally and securely, using the lock provided as part of the Equipment and all in accordance with any operating instructions provided by Buzzbike;
126.96.36.199. subject to clauses 188.8.131.52. and 184.108.40.206., maintain at your own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the day you picked up your bike from us (fair wear and tear only excepted) including replacement of worn, damaged and lost parts with Buzzbike approved parts.
220.127.116.11. make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of Buzzbike. You can get in touch with us at email@example.com if you would like to make such an alteration;
18.104.22.168. not, without the prior written consent of Buzzbike, part with control of (except for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment;
22.214.171.124. not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of Buzzbike in the Equipment, or bring Buzzbike into disrepute;
126.96.36.199. not suffer or permit the Equipment to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you shall notify Buzzbike and you shall at your sole expense use your best endeavours to procure an immediate release of the Equipment and indemnify Buzzbike on demand against all losses, costs, charges, damages and expenses incurred as a result;
188.8.131.52. not use the Equipment for any unlawful purpose;
184.108.40.206. check that the Cycle (including, without limitation, the tyres, brakes, saddle and bell) is road worthy;
220.127.116.11. abide by the Highway Code including observing all traffic signs and signals;
18.104.22.168. use the Cycle reasonably, considerately and responsibly;
22.214.171.124. ensure that at all times the Equipment remains identifiable as being Buzzbike’s property and wherever possible shall ensure Buzzbike’s ownership is attached to the Equipment at all times;
126.96.36.199. deliver up the Equipment at the end of the Lease Period or on earlier termination of this agreement at such address as Buzzbike requires, or if necessary allow Buzzbike or its representatives access to any premises where the Equipment is located for the purpose of removing the Equipment; and
188.8.131.52. not do or permit to be done anything which could invalidate the insurances referred to in clause 2.8.
2.9.2. You acknowledge that Buzzbike shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by you, and you undertake to indemnify Buzzbike on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure of yours to comply with the terms of this agreement.
2.10.1. Buzzbike warrants that the Equipment shall substantially conform to its specification (as made available by Buzzbike), be of satisfactory quality and fit for any purpose held out by Buzzbike for the first week of the Lease Period. Buzzbike shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment which manifests itself within six (6) months from Delivery, provided that:
184.108.40.206. You notify Buzzbike of any defect in writing;
220.127.116.11. Buzzbike is permitted to make a full examination of the alleged defect;
18.104.22.168. the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by you or any other person other than Buzzbike’s authorised personnel;
22.214.171.124. the defect is directly attributable to defective material, workmanship or design.
2.10.2. Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by Buzzbike, you shall be entitled only to such warranty or other benefit as Buzzbike has received from the manufacturer.
2.10.3. If the Bike is stolen, through no fault of yours, Buzzbike will make reasonable endeavours to deliver a replacement Bike to you, provided that this is the first such theft of your Bike.
2.10.4. If Buzzbike fails to remedy any material defect in the Equipment in accordance with clause 2.10.1 Buzzbike shall, at your request, accept the return of part or all of the Equipment.
2.10.5. Provide one service every 12 months to your Bike to be carried out by a trained bike mechanic and location as nominated by Buzzbike.
2.10.6. 1.1.1. Send a Buzzbike representative to provide mechanical assistance to resolve a mechanical or technical issue with your Buzzbike in Central London up to a maximum of two times every 12 months. This service will be limited to a time that is nominated by Buzzbike, and you will make reasonable endeavours to make the bike available at a convenient location for Buzzbike. Please note that replacement parts will be subject to the insurance available to the rider as laid out in clause 2.8.
2.11.1. Without prejudice to clause 2.11.2., Buzzbike’s maximum aggregate liability under or in connection with this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be capped at any policy limit of such public liability insurance policy as we have in place in connection with our services.
2.11.2. Nothing in this agreement shall exclude or in any way limit:
126.96.36.199. either party's liability for death or personal injury caused by its own negligence;
188.8.131.52. either party's liability for fraud or fraudulent misrepresentation; or
184.108.40.206. any other liability which cannot be excluded by law.
2.11.3. This agreement sets forth the full extent of Buzzbike’s obligations and liabilities in respect of the Equipment and its hiring to you. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on Buzzbike except as specifically stated in this agreement. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded.
2.11.4. Without prejudice to clause 2.11.2., neither party shall be liable under this agreement for any: loss of profit; loss of any contract; loss of opportunity; reputational harm; or indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
2.12.1. The Penalty Charge is a penalty for any loss of or damage caused to the Equipment (outside normal wear and tear – see clause 220.127.116.11). If you cause any loss or damage to the Equipment (in whole or in part), Buzzbike shall be entitled to apply the Penalty Charges against such loss or damage.
2.12.2. The amount charged as a Penalty Charge shall include, but not be limited to:
18.104.22.168. Non-return of the bike within 14 days of termination of this agreement under clause 2.13: up to £500;
22.214.171.124. Non-return any item of Equipment excepting the Bike itself: up to the retail value of the item of Equipment; and
126.96.36.199. any damages arising on termination under clause 2.14.1.
2.12.3. You acknowledge and agree that the Penalty Charges specified above are fair, reasonable and proportionate. Penalty Charges will be taken within 7 days of being notified of such a charge being applicable.
2.13.1. You reserve the right to cancel this Agreement by giving Buzzbike thirty (30) days’ notice at any time during the Lease Period.
2.13.2. Buzzbike reserves the right to cancel this Agreement by giving you two (2) weeks’ notice at any time during the Lease Period.
2.13.3. Without affecting any other right or remedy available to it, Buzzbike may terminate this agreement with immediate effect by giving you notice if:
188.8.131.52. You commit a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fail to remedy that breach within a period of 15 days after being notified in writing to do so;
184.108.40.206. You (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
220.127.116.11. You (being an individual) are the subject of a bankruptcy petition or order;
18.104.22.168. a creditor or encumbrancer of yours attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
2.13.4. For the purposes of clause 22.214.171.124., material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which Buzzbike would otherwise derive from:
126.96.36.199. a substantial portion of this agreement; or
188.8.131.52. any of the obligations set out in clause 2.9,
over the term of this agreement. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
2.14.1. Upon termination of this agreement, however caused:
184.108.40.206. Buzzbike’s consent to your possession of the Equipment shall terminate and Buzzbike may, by its authorised representatives, without notice and at your expense, retake possession of the Equipment and for this purpose may enter any premises at which the Equipment is located; and
220.127.116.11. without prejudice to any other rights or remedies of yours, you shall pay to Buzzbike on demand any costs and expenses incurred by Buzzbike in recovering the Equipment and/or in collecting any sums due under this agreement (including any storage, insurance, repair, transport, and legal costs).
2.14.2. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
1.15.1.You may also have the opportunity to win personal prizes during the Lease Period ("Badge Prizes") by completing a personal cycling challenge (each a "Badge Challenge"). The number of Badge Prizes will be limited. Details of the Badge Challenge, which Badge Prizes are available and how many prizes are available along with any relevant terms and conditions will be disclosed on Buzzbike’s website and/or mobile application.
1.15.2. Buzzbike reserves the right to remove or modify the availability and/or nature of the Badge Prizes and/or Badge Challenge at any time in its absolute discretion.
3.1.1. This website contains material which is owned by, or licensed to, Buzzbike. This material includes, but is not limited to, the design, layout, look, appearance and all graphics featured. Such material is protected by copyright laws and treaties across the world, and all such rights are reserved. All trademarks reproduced in this website which are not the property of, or licensed to, Buzzbike, are acknowledged on the website.
3.1.2. You may print and utilise one copy or extracts of any page(s) from www.buzzbike.london for personal reference, and you may direct the attention of other individuals to material posted on Buzzbike’s website. You may not modify any content, printed and/or downloaded, from www.buzzbike.london in any way, and you may not use illustrations, photographs or any graphics separately from the accompanying text. Buzzbike’s status as content authors, in conjunction with any contributors or copyright restrictions mentioned, must always be observed and acknowledged.
3.1.3. No material on our Site may be used for commercial purposes without the permission of Buzzbike and/or any licensors.
3.1.4. Unauthorised use of this Site and/or its content may give rise to a claim for damages and/or be a criminal offence.
Buzzbike Services are integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Buzzbike does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
3.3.1. Buzzbike Riders may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to using the sharing functionality in the Buzzbike mobile application as well as any other part of the Buzzbike Service.
3.3.2. You promise that, with respect to any User Content you post on the Buzzbike website or mobile application, (1) you have the right to post such User Content, and (2) such User Content, or its use by Buzzbike as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Buzzbike or any Brand Partner, entity or individual without express written consent from such individual or entity.
3.3.3. Buzzbike may, but has no obligation to, monitor, review, or edit User Content. In all cases, Buzzbike reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Buzzbike’s sole discretion, violates the Agreements. Buzzbike may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
3.3.4. You are solely responsible for all User Content that you post. Buzzbike is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against Buzzbike related to User Content that you post, then, to the extent permissible under local law, you will indemnify and hold Buzzbike harmless from and against all damages, losses and expenses of any kind arising out of such claim.
3.4.1. The content on our Site is provided for general information only. Neither Buzzbike nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose.
3.4.2. You acknowledge that such information and materials may contain inaccuracies or errors and Buzzbike expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
3.4.4. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We strive to maintain a relevant, up-to-date website wherever possible and as such, we will add, change or remove content at any time on the Site, without notice. Should the need arise, we may suspend or permanently remove the Site, or any part of the Site, at any time without notice.
3.7.1. Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must warrant that any such contribution does comply with the standards set out in our acceptable use policy below, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
3.7.2. Any content you upload to a chat room on our site will be considered non-confidential and non-proprietary and any content you upload onto a form for application for a Buzz Bike will be considered confidential. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties and your continued use of this Site and uploading of materials onto this Site shall be deemed a licence to use to use this information. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
3.7.3. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
3.7.4. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
3.7.5. The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content.
3.8.1. You may use our site only for lawful purposes. You may not use our site:
18.104.22.168. In any way that breaches any applicable local, national or international law or regulation.
22.214.171.124. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
126.96.36.199. For the purpose of harming or attempting to harm minors in any way.
188.8.131.52. To send, knowingly receive, upload, download, use or re-use any material which does not comply with this policy.
184.108.40.206. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
220.127.116.11. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.8.2. You also agree:
18.104.22.168. Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of website use.
22.214.171.124. Not to access without authority, interfere with, damage or disrupt:
126.96.36.199.1. any part of our Site;
188.8.131.52.2. any equipment or network on which our Site is stored
184.108.40.206.3. any software used in the provision of our Site; or
220.127.116.11.4. any equipment or network or software owned or used by any third party.
3.9.1. Incoming Links: You may link to the Site, provided it does not damage or take advantage of our reputation and as long as you are in full compliance with UK legislation. We reserve the right to withdraw linking permission at any time without notice.
3.9.2. Outward Links: Buzzbike’s website may contain links to other websites. These links are provided for your convenience to provide further information. They do not signify Buzzbike’s agreement or endorsement of the website(s). We have no responsibility for the content of the linked website(s).
3.10.1. You must not knowingly introduce viruses, trojans, worms, logic bombs or other material or technology deemed malicious in intent or harmful.
3.10.2. Buzzbike does not permit attempts to gain unrestricted access to our Site, our server on which the Site is stored or any server, computer or database connected to our Site.
3.10.3. No attacks to Buzzbike’s Site through DoS (denial of service) or DDoS (distributed denial of services) are permitted.
3.10.4. Should you breach these provisions, you will be deemed to have committed a criminal offence under the Computer Misuse Act 1990, and Buzzbike will report any such instances to the appropriate legal authorities and co-operate in the disclosure of your identity to them. If such a breach occurs, access to our Site will immediately cease.
3.10.5. Buzzbike do not accept liability for any DDoS attack, or malicious material or technology that may infect your computer equipment, programs data or proprietary material due to your use of our Site, to any material downloaded from it or from any website linked to it.
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for three (3) weeks, the party not affected may terminate this agreement by giving 30 days' written notice to the affected party.
5.1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
5.2. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
5.3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
No one other than a party to this agreement or their permitted assignees, shall have any right to enforce any of its terms.
7.2. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).