Terms of service
TERMS OF SERVICE
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OVERVIEW
This website is operated by Cycul. Throughout the site, the terms “we”, “us” and “our” refer to Cycul. Cycul offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cycul, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cycul and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 24 Killyman St, Moy GB BT717SJ.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@cycul.cc.
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EVENT REGISTRATION: Terms and Conditions.
These pages (together with the documents referred to in it) are the terms and conditions (“the Terms and Conditions”) on which Cycul Ltd (the “Event Organiser”) accepts electronic registration for any event via its website http:// www.cycul.cc// (“the Website”).
Please read these Terms and Conditions carefully and make sure that you understand them before registering on the Website. You should understand that by submitting your registration that you agree to be bound by these Terms and Conditions.
By submitting my registration electronically, I hereby declare and agree that:
I understand that the event that I am entering will be run under these Terms and Conditions and any other rules set out by the Event Organiser from time to time.
I agree to comply with these Terms and Conditions and any other rules stipulated by the Event Organiser. I understand that I will not be entitled to a refund of my entry fee if I am disqualified from the event as a result of, or infringement of these Terms and Conditions.
I understand that it is my responsibility to understand and abide by the Terms and Conditions before, during and after the event and I agree that the decision of the Event Organiser will be binding and final in all circumstances.
1. Registration
1.1: Registration covers all individuals.
1.2: Those who are registered by another individual must consent to the Terms and Conditions on the day of the event by completing a registration form, regardless of whether they have been registered online by another participant.
1.3: Event pricing is subject to periodic review.
1.4: If I have any medical condition(s), including allergies, which the Event Organiser or event medical advisors might need to be aware of, I undertake that I have provided details of these in my registration and will include details of these on my wristband which will be worn at all times.
2.Age
2.1: Those who are registered and wish to take part must be over the age of 12 years old.
2.2: Those under 18 years old must provide the Event Organiser with written permission in advance from their parent/legal guardian and must be accompanied by a nominated adult at all times during the event.
3. Health & Safety
3.1: I will consult my GP if I am taking up any new exercise regime.
3.2: I understand that dangerous cycling will result in removal from the event.
3.3: I must wear a cycle helmet for my own safety. I accept that it is my responsibility to provide and use a suitable bicycle and helmet. The Event Organiser’s decision is final as to whether the bicycle and helmet are suitable.
3.4: My helmet numbers must be correctly displayed at either side of my helmet for easy identification.
3.5: My wristband must be worn at all times. Any relevant medical conditions (allergies, diabetes etc.) shall be written on wristbands and details of these will be provided in my registration along with emergency telephone numbers.
3.6: I understand that marshals, helpers and support staff have no power or authority to stop traffic, and are there for my safety. I will pay attention at all times and abide by their instructions.
3.7: I understand that the Event Organiser or its representatives reserve the right to terminate my ride on health and safety grounds.
3.8: I will ride no more than 2 abreast.
3.9: I will ride single file according to the Highway Code or when instructed.
3.10: I will obey all signs and stop at all junctions. I accept that, in relation to my participation in the event, the function of the marshals and relevant signage is only to indicate direction and that I must decide if the movement is safe.
3.11: I will be courteous to all other road users and cyclists.
3.12: I must ensure that my bicycle is in good mechanical order and that handlebars are of the conventional design (no tri-bars, aero-bars, clip-ons, etc.).
3.13: I will not use headphones whilst cycling.
3.14: Any parts, bike carriers and/or tools supplied by the Event Organiser and/or its representatives in order to assist me in completing the event are used and operated totally at my own risk.
3.15: I am responsible for calculating my start time - according to the estimated average speed for the event.
3.16: I must carry a spare tube and know how to change it. Mechanics are there only to assist me and not to supply cycle equipment.
3.17. I understand and accept that this event is not a race or a time-trial, but a personal challenge.
4. Media
4.1: I understand that as a participant (to include nominated adults) that my image and/or footage (or that of my relevant child) may be used for promotional purposes and may include printed documents, media including social media, editorial coverage, advertising press and use on the internet as part of the event coverage or promotion of future events.
4.2: I irrevocably consent to my appearance and that of my relevant child in any media format, in relation to the publicity of the event, and in future publicity and advertising of the event and the Event Organiser.
5. Data
I understand that my personal details (including but not limited to name, age group, gender, category, finishing time, finishing position) may be stored electronically by the Event Organiser. Such information may appear on a public list of participants and result list for the event. By entering the event, the participant or their nominated adult consents to the Event Organiser being given access to their data.
6. Risk
6.1: I understand and agree that I participate in the event entirely at my own risk, that I must rely on my own ability in dealing with all hazards, and that I must conduct myself in a manner that is safe for myself and all others throughout the duration of the event.
6.2: I understand the risks involved cycling on open roads, over varying surfaces and in groups of cyclists with different ability and experience.
6.3: I understand the risks involved could range from minor injury to serious injury and even death.
6.4: I agree to participate in this event entirely at my own risk, and confirm I am physically capable of completing the event.
6.5: I shall obey the Highway Code and any safety instructions of the event at all times.
6.6: I understand that apart from the organiser’s support vehicles, no club/ participant(s) "support vehicles" are allowed to follow riders along the route.
7. Liability
7.1: I agree that no liability whatsoever shall attach to the Event Organiser, its directors, members, employees, servants or agents, any volunteers, event sponsor(s) or event official(s) in respect of any injury, loss, damage in or by reason of the event or as a result of my participation in the event, whether prior to, during or subsequent to the event.
7.2: I agree that my vehicles and their contents are parked entirely at my own risk. I accept that the Event Organiser will not accept responsibility for any damage, accident or loss to my vehicle or its contents.
7.3: I accept full liability and responsibility for any medical expenses incurred as a result of training for and/or participating in the event.
7.4: Whilst the Event Organiser takes every care with the staging of the event, I accept that I must make all reasonable precautions for the safeguarding of my person and of my property during my participation in the event. I further acknowledge that personal accident and personal items insurance is my responsibility.
7.5: The aggregate liability of the Event Organiser in respect of any loss or damage suffered by any participant and arising out of or in connection with these Terms and Conditions shall not exceed the entry fee.
8. Cancellation or amendment
I accept that the event will go ahead in bad weather and I accept that the Event Organiser reserves the right to amend the event format or cancel the event due to health and safety reasons, including storm, rain, inclement weather, winds or any other act of god conditions. I accept that my entry fee shall be non refundable in such circumstances.
9. Variation
The Event Organiser reserves the right to vary or amend these Terms and Conditions
and other rules at any time and for any reason.
10. Acceptance
By accepting these Terms and Conditions I agree that:-
10.1: My entry is strictly personal and fees shall only be refunded within 14 days
of purchase.
10.2: I understand that I can only apply for my entry to be transferred up to and including 1st July of any given event year. I understand that any application for transfer will incur a £10.00 administration fee.
10.3: I accept the risks (to person and property) when taking part in the event.
10.4: I agree to take responsibility for my actions.
10.5: I confirm I have read, understand and agree to the Terms and Conditions of the event.
10.6: These Terms and Conditions (and the documents referred to in them) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the event.
10.7: The Event Organiser will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”).
10.8: These Terms and Conditions 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 Northern Ireland. The parties irrevocably agree that the courts of Northern Ireland shall have exclusive jurisdiction.