1 Introduction
1.1 This is the Cycle England website ("Website") which is owned, operated and maintained by Welcome to Yorkshire ("Welcome to Yorkshire", "we", "us"). We are registered in England under company number 02896762 with a registered office at Dry Sand Foundry, Foundry Square, Leeds, West Yorkshire, LS11 5DL.
1.2 The use of this Website is subject to the following terms and conditions ("Terms and Conditions") which set out the rules for how we run the Website and which you should read carefully. By using this Website you acknowledge that you have read and you agree to be legally bound by and comply with these Terms and Conditions as well as our Privacy Policy (published at www.Cycle-England.co.uk/privacy-policy and incorporated here by reference).
1.3 We reserve the right to change the Contents of this Website, including these Terms and Conditions at any time without notice by posting such changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of the Website after a change has been posted will signify your acceptance of the modified Terms and Conditions.
If you do not accept these Terms and Conditions, please do not use this Website.
2 Definitions and Interpretation
"Content" means any content or material, including but not limited to text, words, pictures and images displayed on the Website;
"Deal(s)" means promotional products and services offered by a Merchant;
"Intellectual Property" means all copyright and related rights, trade marks, trade names, rights in designs and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world;
"Merchant(s)" means a third party offering promotional products and services relating to Deals on the Website;
"Privacy Policy" means Cycle England’s privacy policy published at www.Cycle-England.co.uk/privacy-policy;
"Services" means recommendations made by Welcome to Yorkshire for products and services including Deals offered by Merchants;
"User ID" means unique log-in credentials issued to individual users of the Website;
"you" "your" means you, as the user of the Website;
"Voucher(s)" means a voucher for promotional products and services relating to Deals offered by Merchants.
3 Rules of Conduct
3.1 In using Cycle-England.co.uk you warrant and undertake that:
(a) you will provide accurate and complete information when creating an account or registering for our Services;
(b) you are solely responsible for your User ID and the activity that occurs while signed-in to or while using Cycle-England.co.uk using your User ID;
(c) you will not use Cycle-England.co.uk to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
(d) you will not use the communication systems provided by or contacts made on Cycle-England.co.uk for any commercial purposes;
(e) you must not conduct or promote any illegal or unlawful activities while using the Website or Services;
(f) you must not upload, distribute or print anything that may be harmful to minors;
(g) you must not attempt to reverse engineer or jeopardise the correct functioning of the Website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
(h) you must not attempt to gain access to secured sections of the Website or Services for which you do not possess access rights;
(i) you must not upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
(j) you must not use the Website or Services to generate unsolicited email advertisements or spam;
(k) you must not use any automatic or manual process to search or harvest information from the Website or Services, or to interfere in any way with the proper functioning of the Website and Services;
(l) you must not impersonate another user.
4 Your Account
4.1 Access to the Website and Services is not authorised by any other person or entity using your User ID other than you and you are responsible for preventing such unauthorised use. Individuals and entities whose privilege to access the Website or use the Services has previously been terminated by Cycle-England.co.uk may not register for an account, nor may you designate any such individuals to use your account on your behalf.
4.2 Cycle-England.co.uk relies on User IDs to determine whether users accessing the Website and using our Services are authorised to do so. If someone accesses our Website or Services using a User ID that we have issued to you, we will assume that access has been made by you. You are solely responsible for any and all access to the Website or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorisation.
5 Security and Privacy
5.1 Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
5.2 Information such as credit card information provided in connection with the purchase of a Deal is maintained with appropriate privacy and security protections. No sensitive information (including credit card details) is held on the Website.
5.3 You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the Merchant for their commercial purposes including for the purposes of providing the Deal to you.
5.4 Our Privacy Policy explains how we collect, use and disclose information that relates to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in these Terms and Conditions by reference. For full details, please refer to our Privacy Policy at www.cycle-england.co.uk/privacy-policy
5.5 Any communications between you and Cycle England, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.
6 Information and Other Content
6.1 You agree not to use any Content in any manner that:
(a) infringes any third party rights, including without limitation, the privacy and Intellectual Property rights of any third party;
(b) is unlawful, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Cycle England in its sole discretion;
(c) is false or inaccurate; or
(d) could damage the standing and reputation of Welcome to Yorkshire and its members, affiliates, advertisers, Merchants or other associated parties.
6.2 Though we strive to enforce these rules with all of our users, you may be exposed through the Website or Services to Content that violates our policies or is otherwise offensive. You agree to use the Website and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Website if we determine or suspect that those accounts or Content violate these Terms and Conditions or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Website whether it violates our content policies or not.
7 Disclaimer of Content
7.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the Content of this Website. We give no warranty as to privacy and security other than as expressly stated in our Privacy Policy. Further, no warranty is given that the Website shall be available on an uninterrupted basis or accessible at times or locations of your choosing and no liability can be accepted in respect of losses or damages arising out of such unavailability.
7.2 Access to and use of this Website is at the user's own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. You are recommended to take all appropriate safeguards before downloading information or images from the Website.
7.3 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to purchasing Deals that they are suitable for your purposes.
7.4 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for legal or other professional advice on your specific requirements.
8 Links to Third Party Websites
8.1 The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
8.2 These Terms and Conditions do not apply to any third party website linked to the Website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.
8.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
9 Intellectual Property
9.1 You acknowledge and agree that we and our licensors retain ownership of all Intellectual Property rights of any kind relating to the Website and the Services, including applicable copyright, trade marks and other proprietary rights. We are not granting any licence to you under any of those Intellectual Property rights by virtue of these Terms and Conditions, except for the limited right to use the Website and Services in accordance with these Terms and Conditions.
9.2 "Cycle England" and “Welcome to Yorkshire” is our trade mark. Other product and company names that are mentioned on the Website or provided as part of the Services may be trade marks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms and Conditions.
9.3 The Content on the Website, excluding all Intellectual Property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Welcome to Yorkshire. This includes, without limitation, the text, software, scripts, graphics, images, photographs, sounds, interactive features and the trade marks, service marks and logos contained therein, which are owned or licensed to Welcome to Yorkshire, subject to copyright and other Intellectual Property rights under law, the law of the jurisdiction where you reside and international conventions.
9.4 Content provided by Cycle England is provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, modified, redistributed, retransmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (although you may download and print out pages for the sole purpose of viewing for your own personal information). We reserve all rights not expressly granted in and to the Website and Services.
10 Copyright
10.1 All Website design, text, graphics and the selection and arrangement of them are either copyright ©, Welcome to Yorkshire, or its third party licensors. All rights, save as expressly granted, are reserved.
10.2 We respect the Intellectual Property of others, and we ask you to do the same. If you are an Intellectual Property rights holder or a rights holder's agent and discover Content on the Website that infringes your Intellectual Property, you may notify us at [email protected] with the relevant details.
11 Electronic Communications
11.1 The communications between you and Cycle England use electronic means, whether you visit the Website or send us emails, or whether Cycle England posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Cycle England in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cycle England provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
12 Offers
12.1 Orders: By placing an order for a given offer, you make an offer to purchase the offer, you have selected on the terms, restrictions and conditions associated with the offer. You must only place an order for a offer if you are over 18. Once you have placed your order, you will receive a confirmation of the offer you have redeemed. We will notify you by email when the Voucher for the offer is ready to be used.
12.2 Expiration Dates: The expiration date for a Voucher is as printed on the Voucher. The Merchant is obligated to honour the Voucher in compliance with the law.
12.3 Credit: A code will be issued in the event of refunding a Voucher ("Credit Code"). This Credit Code can be used to purchase further Vouchers up to the value of the refund, or as part payment towards a higher-value Voucher. Resale of a Credit Code is strictly prohibited.
12.4 Offer Specific Terms: Each offer has specific terms restrictions and conditions associated with it, which will be presented to you at the time you commit to purchase the particular offer. Offer specific terms supersede any inconsistent terms in these Terms and Conditions, except to the extent such terms are prohibited by applicable law.
12.5 Global Terms: Unless otherwise stated on the Voucher or required by law, the following additional terms shall apply to all Vouchers:
(a) Vouchers must be used before the expiration date stipulated on each individual Voucher;
(b) Vouchers shall not be assigned any cash value;
(c) no cash back will be issued for partial redemption of the Paid Portion of a Voucher, except as required by law;
(d) no cash back or credit will be issued for partial redemption of the Promotional Portion of a Voucher;
(e) use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant, unless otherwise stated on the Voucher;
(f) Vouchers cannot be used in conjunction with any other promotions unless otherwise stated on the Voucher;
(g) Vouchers cannot be used as consideration for taxes, tips, prior balances, shipping or handling, as applicable;
(h) neither Cycle England nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers;
(i) duplicate use, sale or trade of a Voucher is prohibited.
12.6 Merchant Responsibility: For the avoidance of doubt, Cycle England markets the Deals and acts as agent in selling the Vouchers on behalf of the Merchants. The Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, expenses and disbursements and costs suffered by you, caused in whole or in part by the Merchant or its products and services, as well as for any liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the provisions of these Terms and Conditions. Whether you choose to print and/or redeem the Voucher is at your sole discretion.
12.7 Promotions of the Deal Program: From time to time we may offer special promotions or competitions. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
12.8 Products available for sale: The Website can be accessed from countries around the world. You understand that some or all products or services provided on the Website may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Cycle England reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Cycle England does not represent or warrant that any product or service promoted on the Website will be available for purchase by any particular person.
12.9 Playing Nicely: Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. Cycle England will be the arbiter, in its sole discretion, as to whether purchase characteristics indicate a violation of these rules
13 Limitation of Liability
13.1 Except as expressly set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
13.2 We do not seek to exclude or limit our liability to you for: death or personal injury; fraud or any terms implied by the Sale of Goods and Services Act 1982.
13.3 Your sole and exclusive remedy for any dispute with Cycle England is to discontinue your use of the Website.
13.4 Subject to condition 13.2, neither we nor our affiliates, officers and directors shall be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website including without limitation under any tort including without limitation negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), Intellectual Property infringement, under any statute or otherwise:
(a) any indirect, special or consequential losses;
(b) in respect of losses or damages arising out of changes made to the Content of this Website by unauthorised third parties;
(c) any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
(d) loss or damage to your, or any third party's, data or records.
13.5 Subject to condition 13.2 our total liability and the total liability of our affiliates, officers and directors in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall not exceed the total amount that you paid or is payable to us for the Deal in respect of which the default arises or £50 whichever is the greater.
14 Indemnity
14.1 You agree to defend, indemnify and hold harmless, Cycle England, its officers, directors, employees, agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (i) your use of and access to Cycle England; (ii) your violation of any term of these Terms & Conditions (iii) your violation of any third party rights, including without limitation any Intellectual Property or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This indemnification obligation will survive any termination of these Terms & Conditions and your use (or non-use) of the Website.
15 Disputes with other parties
15.1 Cycle England reserves the right, but has no obligation, to monitor, or take any action Cycle England deems appropriate regarding disputes that you may have with other customers of ours or any Merchants.
16 Complaints Procedure
16.1 In the event that we fail in meeting our high standards of customer service please do not hesitate to contact our Head of Communications at [email protected]. We will do our very best to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
17 Termination
17.1 We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to terminate our agreement with you under these Terms and Conditions at our election and for any reason, without prior notice, and these Terms and Conditions will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Website and Services. Any Voucher(s) issued prior to termination will be honoured according to its terms and the terms contained in these Terms and Conditions specifically applicable to such Voucher(s).
18 General
18.1 These Terms and Conditions, together with the Privacy Policy at http://www.Cycle-England.co.uk/privacy-policy and any other legal notices published by Cycle England on the Website or any Voucher for a Deal, shall constitute the entire agreement between you and Cycle England.
18.2 Any changes to these Terms and Conditions (other than as set forth in this paragraph) or waiver of Cycle England's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of a director of Cycle England.
18.3 If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court or competent body, it will be severed from the rest of these Terms and Conditions which shall remain valid unaffected.
18.4 A person who is not a party to these Terms and Conditions is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
18.5 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
18.6 You may not assign these Terms and Conditions or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.
18.7 Our failure to enforce any provision of these Terms and Conditions will not be considered a waiver of the right to enforce such provision nor operate to bar the exercise or enforcement of it at any time or times thereafter.
18.8 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between Cycle England and you, nor does it authorise you to make or enter into any commitments for or on behalf of Cycle England.
18.9 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18.10 You represent that you are legally able to accept these Terms and Conditions. If you are not, you must cease use of the Website.
18.11 For any enquiries relating to the Website and your use of it, please contact us at:
Cycle England – Welcome to Yorkshire
Dry Sand Foundry
Foundry Square
Holbeck
Leeds
LS11 5QN
United Kingdom
Email: info@yorkshire.com
Telephone: 0113 322 3500