Terms of Service

BIKERS ARE WELCOME

HOST AGREEMENT

Welcome to Bikers Are Welcome, the online platform that connects high-quality hosts like yourself to customers seeking biker-friendly accommodation.

This Host Agreement (‘Agreement’) sets out the terms and conditions between us for use of the site and our services and also incorporates our Privacy & Cookie Policy and Website Customer Policy & Disclaimer.

This Agreement is made between:

(1). Bikers Are Welcome (defined in clause 22.2 below), its agents, staff and contractors (‘Bikes Are Welcome’, ‘we’, ‘us’, ‘our’, similar terms); and,

(2). You – any person signing up to create an account, referred to as the “Host” in this Agreement.

By using this site, you, the Host, acknowledge that you have read this Agreement, as this will apply to the relationship between Parties. If you do not agree to the terms of this Agreement, you should not use this site.

  1. Definitions and Interpretation

1.1. In this Agreement, the following words shall have the following meanings:

‘Accommodation Charges’ means the price payable by the Customer to the Host, including all accommodation charges and fees that are expected to apply during the Customer’s stay according to the accepted booking;

‘Bikes Are Welcome’ means us as defined in clause 22.2 below and/or the site at www.bikersarewelcome.com, depending on context, or from any other site at the discretion of Bikers Are Welcome from time-to-time;

‘Business Day’ a day (other than a Saturday, Sunday or public holiday) when banks in the City of London are open for business;

‘Commission’ means the commission payable by Hosts to Bikers Are Welcome for the supply of the Services;

‘Customer’ means an individual seeking accommodation from a Host via the site;

‘Default’ an event, occurrence or incident in which our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you, or there is failure by you to perform any of your relevant obligations, including, but not limited to, full and timely payment for the Services used;

‘Device’ a personal computer or mobile electronic device using either Android or iOS operating systems, or other similar device with which you access the site;

‘Effective Date’ means the date at which the Host agrees to receive the Services provided by Bikers Are Welcome by joining the site;

‘Host’ means the provider of accommodation that meets the criteria in sub-clause 7.1.6 below;

‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

‘Parties’ refers to the parties to this Agreement;

‘Services’ means services a Host receives from Bikers Are Welcome, including those offered through the site and the provision of this site;

‘Website’, ‘site’ means Bikers Are Welcome’s website at https://bikersarewelcome.com and/or any other domain under our control, as the context allows.

1.2. In this Agreement, the following rules of construction will apply:

1.2.1. clause and Schedule headings will not affect the interpretation of this agreement;

1.2.2. the Schedules forms part of this agreement and will have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules. References to clauses and the Schedules are to the clauses and the Schedules of this agreement;

1.2.3. unless the context otherwise requires, words in the singular will include the plural and in the plural will include the singular;

1.2.4. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.2.5. a reference to a party includes its personal representatives, successors or permitted assigns;

1.2.6. unless the context otherwise requires, a reference to one gender will include a reference to the other genders;

1.2.7. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.2.8. any obligation on a party not to do something includes an obligation not to allow that thing to be done;

1.2.9. any phrase introduced by the terms including, include, in particular or any similar expression, will be construed as illustrative and will not limit the sense of the words preceding those terms; and.

1.2.10. a reference to writing or written includes faxes but not e-mail.

The Parties have agreed to enter into this Agreement to govern the relationship between the Parties and agree as follows:

  1. Commencement and Duration

2.1. The relationship between Bikers Are Welcome and Hosts is governed by this Agreement, effective from the Effective Date.

2.2. We will provide the Services to you on the terms of this Agreement. If you do not agree with this Agreement, you should not use the site.

2.3. The Services supplied under this Agreement will be supplied for an initial six (6) month period and, after that, will continue to be supplied unless this Agreement is terminated or the Customer account is cancelled by one of the Parties in accordance with clause 18 or 19 below.

2.4. Any illustrations, descriptive matter or advertising issued by us, and any descriptions or graphics contained in Bikers Are Welcome promotional material (including, among others things, any Website), are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of this Agreement or have any contractual force.

2.5. The terms of this Agreement apply to the exclusion of any other terms that the Host seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

  1. Joining Bikers Are Welcome and Building Your Profile

3.1. Registration with Bikers Are Welcome is free, subject to satisfactory verification of your email account and your profile photo. We may, in our absolute discretion, carry out further background or identity checks on you either following, or as a condition of, account and profile verification and prior to allowing you full access to the site’s functionalities and our Services. You will only be required to pay our Commission when you receive payment from a Customer.

3.2. Your interactive dashboard within the site will allow you to create or modify your profile and payment and banking information (unless we use a third party payment processor for that purpose) and will display (among other things) your earnings history and bookings and other relevant information, as well as customer reviews of your services. You will be able to change and update your password. There will be access to an online support in whatever form we decide in our discretion.

3.3. The current Commission rates will be set out on our site, are provided for information purposes only, and will be subject to periodic review and change as per clause 4.8 below.

3.4. In your profile, you should indicate the accommodation and other services you offer, availability of accommodation, geographic location, and other relevant details. You will not be permitted to include a link to your own website. You can add an indication of fees and pricing and also information on your own customised service offerings.

3.5. Once completed, your profile should contain the following information (this list is non-exhaustive):

  • your business or trading name;
  • text description of the accommodation available and other services;
  • availability for bookings;
  • logo and other branding;
  • Customer reviews;
  • image gallery or portfolio;

3.6. Accommodation Charges are agreed between you and the Customer, though we reserve the right to require a review of your pricing or suspend, deactivate or terminate an account, or some combination thereof, where we believe a Host is advertising at a non-commercial rate.

3.7. By signing up as a host you agree to receive service update emails.

3.8. By signing up as a host you agree that your property images may be used for our marketing purposes.

  1. Agreeing Bookings & Payment

4.1. Customers can view your profile and accommodation and service information and contact you to request bookings. Hosts have forty-eight (48) hours to accept or decline booking requests from Customers. When a booking is agreed, Customers contact you direct.

4.2. There is no obligation on you to accept a booking, but if you do so, then the Customer is prompted to pay the Accommodation Charges to us corresponding to the accepted booking.

4.3. Payments will be held in escrow by Bikers Are Welcome acting as a collection agent for the Host. Bikers Are Welcome reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from Hosts, Customers and others, and for holding funds in escrow, where appropriate.

4.4. We will pass the payment on to you, less our Commission at the agreed rate. Payment to you will be made within seven (7) days by electronic bank transfer or into your payment wallet with our third party payment processor. In the event you require a faster means of payment, such as telegraphic transfer, Bikers Are Welcome may agree to process payment using this method in its absolute discretion and on the condition that Bikers Are Welcome shall deduct an additional fee for this service. Before making a payment to you for the first time, you may be asked by the third party payment processor (if applicable) to verify your address and identity in accordance with their requirements, and you also asked to agree the third party payment processor’s terms and conditions.

4.5. All sums payable to Bikers Are Welcome under this agreement are exclusive of amounts in respect of value added tax (VAT) chargeable for the time being at the current rate from time-to-time in force.

4.6. You will pay all amounts due to Bikers Are Welcome under this Agreement in full without any deduction or withholding and you will not be entitled to assert any credit, set-off or counterclaim against Bikers Are Welcome in order to justify withholding payment of any such amount in whole or in part. Bikers Are Welcome will set off any amount owing to it by you, including for the Commission or otherwise, from any monies that it accepts from Customers.

4.7. Payments by Customers are routinely checked by Bikers Are Welcome for fraud prevention purposes, before any payments are released to the Host. Bikers Are Welcome aims to process these payments and credit funds to the Host as soon as reasonably possible and within a maximum of thirty (30) days of the booking.

4.8. The Parties agree that Bikers Are Welcome may review and increase its Commission rates from time to time, in its sole discretion by updating the relevant part of the site, which you should check regularly for such updates.

4.9. In the event that you cancel or suspend your services or provide incorrect information to Bikers Are Welcome or Customers via the site or any other means, Bikers Are Welcome may, at its entire discretion, offer to refund Customer Payments to Customers without having to seek your prior consent or authority.

  1. Disputes, Variations, Cancellations & Refunds

 

5.1. Any disputes arising between you and the Customer must be resolved directly between you and the Customer and we encourage you to do so.

5.2. Should a Customer request to change, vary or cancel a booking, such a request will be a matter between you and the Customer and is governed by your own terms and conditions as Host.

  1. Customer Reviews

6.1. The Customer is asked to provide both qualitative feedback and a rating from 1-5 for the Service.

6.2. The review is published on the Host’s profile page and should be completed honestly. Customers must not falsify feedback, manipulate or coerce another Customer by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Bikers Are Welcome.

6.3. Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

6.4. We may anonymise or pseudonymise reviews on request by a Customer, or otherwise for the purposes of data protection where a Customer’s account has been closed or terminated.

 

  1. Your Warranties and Obligations

7.1. You warrant that:

7.1.1. you are 18 years of age or older;

7.1.2. you are a human, and not a computer service or automated “bot”;

7.1.3. you have provided accurate and valid information requested during the registration process;

7.1.4. you own and/or control the accommodation and your services will be provided to the reasonable standard expected of an accommodation provider and will be of satisfactory quality and fit for purpose;

7.1.5. you will provide your service to Customers with reasonable skill and care, and in a prompt and punctual fashion, adhering to any and all contractual and tortious obligations you may have to Customers and relevant third parties;

7.1.6. you understand that Customers will be motorcyclists who intend to travel to your premises on motorcycles and will expect to store their motorcycles safely and securely on your premises and you will provide accommodation and facilities that will allow this;

7.1.7. you will provide accurate pricing, to include all your costs, fees and charges and any mark-up you require, and you will not hide or conceal costs, fees and charges from the Customer or mislead the Customer in any way;

7.1.8. you will use the Service only for lawful purposes and will observe and comply with our Website Customer Policy & Disclaimer, and in particular, clause 10 of that Policy (our ‘Acceptable Usage Policy’);

7.1.9. during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Bikers Are Welcome customer, employee, member, or officer.

7.2. Hosts and Customers can communicate with each other direct, however all payments must be through Bikers Are Welcome. Where additional or top-up payments are agreed between the Customers for the same booking, the Customer and the Host shall immediately notify Bikers Are Welcome and the Host be invoiced for our additional Commission accordingly. A Host may seek express written permission from Bikers Are Welcome to allow communication or payment by alternative means for a specific invoice or payment, if the Host intends to issue proceedings or pursue legal action against the Customer.

7.3. Payment (or an attempt to pay) outside of Bikers Are Welcome for a booking is a breach of this Agreement unless the prior express written consent of Bikers Are Welcome has been obtained. Such payment (or attempt thereof) may lead to temporary and/ or permanent suspension of the Customer and/ or Host’s account. The Host will be liable for any loss of business and legal expenses that Bikers Are Welcome may incur in recovering any such payment. Without prejudice to any other rights we may have, Bikers Are Welcome reserve the right to access and deduct from funds held for the Host in order to recover lost Commission, in which case any shortfall of the Accommodation Charges that results will be the liability of the relevant Customer.

7.4. Bikers Are Welcome will not mediate any disputes between the Host and the Customer or be liable to the Host for loss of business as a result of breach(es) of this Agreement. Customers must report attempts or offers to make payment outside of Bikers Are Welcome by other Customers to Bikers Are Welcome immediately where this is in breach of clauses 7.2 and 7.3 above or any other provision of this Agreement.

7.5. You must not breach any laws in your jurisdiction, including but not limited to any copyright laws.

7.6. You are prohibited from breaching, or attempting to breach, the security of the site.

7.7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the Service, or access to the site without the express written permission of Bikers Are Welcome.

7.8. You understand that Bikers Are Welcome uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the site and our Service. If your bandwidth usage on the site significantly exceeds the average bandwidth usage of the site, as determined by Bikers Are Welcome, we reserve the right to limit your bandwidth to the site.

7.9. You will co-operate in a commercially reasonable manner with Bikers Are Welcome in all matters relating to the site and the Services and must provide us with such information and materials as we may reasonably require in order to supply the Services.

7.10. You will be required to display a business profile on the site and you will ensure that all information contained in your profile is truthful and accurate in all material respects.

7.11. You will have an ongoing obligation to keep up-to-date all information which you upload to the site, including but not limited to your business information and product and service information.

7.12. If the event of Default:

7.12.1. Bikers Are Welcome will, without limiting its other rights or remedies, have the right to:

7.12.1.1. suspend performance of the Services until you remedy the Default to Bikers Are Welcome’s satisfaction; and,

7.12.1.2. to rely on the Default to relieve it from the performance of any of its obligations to the extent the Default prevents or delays Bikers Are Welcome’s performance of any of its obligations;

7.12.2. Bikers Are Welcome will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Bikers Are Welcome’s failure to perform, or delay in performing, any obligation; and,

7.12.3. you will reimburse Bikers Are Welcome on written demand for any costs or losses sustained or incurred by Bikers Are Welcome arising directly or indirectly from the Default.

7.13. You agree to pay all Commission to Bikers Are Welcome in consideration for all the Services PROVIDED that it is acknowledged by Bikers Are Welcome that you are under no obligation to accept bookings.

7.14. The Host agrees to always offer services at prices which are the best available offer rate to the Customer, as compared with any other platform, site or channel, privately or publicly advertised by the Host.

  1. Legal Status

 

8.1. As a Host, you are an independent service provider. You warrant and agree that:

8.1.1. your legal status is self-employed and you are not an employee or worker of or for Bikers Are Welcome and hold no such employment or worker rights or similar; and,

8.1.2. additionally, where your business is arranged as a corporate legal structure, such as a private company limited by shares, you are a self-employed company director and not an employee or worker in either your company or Bikers Are Welcome and hold no employment or worker rights or similar rights whatsoever; and,

sub-clauses 8.1.1 and 8.1.2 reflect the intentions of the Parties.

8.2. You acknowledge that:

8.2.1. the site is on-demand and Bikers Are Welcome is not obliged to provide you with work or income and does not guarantee work or income from the site;

8.2.2. you may earn nothing from your use of the site;

8.2.3. you are not obliged to accept bookings from the site, which you may accept or decline at will, for any reason or no reason;

8.2.4. Bikers Are Welcome exercises no supervision or control over your business whatsoever and you are not required to use the site at any time or at all, nor are you required to provide your products or services to Customers as a condition of using this site, nor are you required to provide any products or services to Customers or anyone else on any particular day or dates or at any particular time, or at all;

8.2.5. you are entirely independent of Bikers Are Welcome and provide your own capital, equipment, materials and stock and are free to adopt your own business procedures, processes, accounting standards, branding, and so on, and there is no requirement that you should seek Bikers Are Welcome’s approval of these (or procure from suppliers approved by Bikers Are Welcome), nor will Bikers Are Welcome approve or disapprove of such;

8.2.6. Bikers Are Welcome will carry out no detailed background checks on you or your business, these being entirely a matter between yourself and your customers, including Customers;

8.2.7. Bikers Are Welcome is providing a third party referral and communications service to you via the site, and no partnership or joint venture or other relationship arises between you and Bikers Are Welcome beyond the provision of services by Bikers Are Welcome to you as set out in this Agreement;

8.2.8. the relationship between you and Bikers Are Welcome is non-exclusive, meaning:

8.2.8.1. you are free to avail yourself of similar services and sites provided by others, whether in addition to or instead of Bikers Are Welcome, at any time, without any hindrance or objection from us;

8.2.8.2. when accepting bookings from Customers, Bikers Are Welcome has no objection to you substituting your services for those of a different individual or corporate body entirely, as you see fit (assuming your contract with a Customer allows for this).

  1. Acknowledgements

 

9.1. You acknowledge and agree that:

9.1.1. Bikers Are Welcome is a third party referral platform and not a provider of accommodation (or related services) of any kind, and all contractual relations and arrangements and statutory and tortious duties and obligations concerning the provision of such services are entirely a matter between you and the Customer, Bikers Are Welcome is in no way responsible or liable for the provision of such services, and you indemnify Bikers Are Welcome entirely in respect of the financial consequences of any breach of contract or breach of duty on your part in the provision of your services;

9.1.2. use of the site requires a Device and it is your responsibility to ensure that you use or have access to a Device;

9.1.3. notwithstanding the above, Bikers Are Welcome offers no warranty or assurance that your particular Device or web browser will be compatible with the site and it remains at all times your responsibility to ensure compatibility and resolve any technical issues that may arise in this regard;

9.1.4. it is your responsibility to configure your Device and web browser so that you are able to receive notifications from us, including notification of messages from us and Customers; and,

9.1.5. your profile will be displayed publicly on the site and searchable by any registrant or Customer.

9.2. Bikers Are Welcome reserves the right to:

9.2.1. refuse you access to our site and/or our Services at any time and for any reason or not reason;

9.2.2. make any changes to the Services which are necessary to comply with any applicable law or regulation, or which in their opinion do not materially affect the nature or quality of the Services; and,

9.2.3. modify or remove parts the Service at any time and for any reason;

9.3. Bikers Are Welcome shall not be liable to you or to any third party for the adverse financial consequences of any modification, financial change, suspension or discontinuance of the Service.

  1. Registration, Linking & Testing

 

10.1. Each registration for Bikers Are Welcome is for a single user only. Bikers Are Welcome does not permit you to share your name and password with any other person outside of the site. Responsibility for the security of any passwords issued rests solely with you.

10.2. After registering for the site, you should add to your profile on the site your name and address, your trading name or style (if different), locations you service, type of products and service offered, and any other relevant information you are prompted to provide. We will also require your bank details for payments (unless these are to be provided to our third party payment processor instead).

10.3. If you would like to link to the site, you may only do so on the basis that it links to, but does not replicate, the site, and subject to the following conditions:

10.3.1. you do not remove, distort or otherwise alter the size or appearance of the Bikers Are Welcome name or logo (if any);

10.3.2. you do not create a frame or any other browser or border environment around the site;

10.3.3. you do not in any way imply that Bikers Are Welcome is endorsing any products or services other than our own;

10.3.4. you do not misrepresent your relationship with Bikers Are Welcome nor present any other false information about Bikers Are Welcome;

10.3.5. you do not otherwise use the name Bikers Are Welcome or any trade marks displayed on our site, or any other services we may provide, without the express written permission from Bikers Are Welcome;

10.3.6. you do not link from a website that is not owned by you; and,

10.3.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

10.4. Bikers Are Welcome may from time-to-time ask you to carry out beta testing on certain new or updated features of the site. For the avoidance of doubt, any data or information obtained by you as a result of such testing will be the exclusive property of Bikers Are Welcome and you hereby undertake to forward such data or information to us immediately upon you obtaining the same.

  1. Intellectual Property Rights

 

11.1. As between Bikers Are Welcome and the Host, all Intellectual Property Rights in or arising out of or in connection with the Services, including the site, will be owned by Bikers Are Welcome. Subject to clause 11.2 below, Bikers Are Welcome licenses all such rights to the Host on a non-exclusive, worldwide basis to such extent as is necessary to enable the Host to make reasonable use of the site. If this agreement is terminated, this licence will automatically terminate.

11.2. The Host acknowledges that, in respect of any third party Intellectual Property Rights, the Host’s use of any such Intellectual Property Rights is conditional on Bikers Are Welcome obtaining a written licence from the relevant licensor on such terms as will entitle Bikers Are Welcome to license such rights to the Host.

11.3. The Host hereby warrants that any data, information, images or other content which it uploads to the site will not infringe the Intellectual Property Rights of any third party or otherwise not comply with all applicable laws and regulations. The Host will indemnify Bikers Are Welcome against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Bikers Are Welcome arising out of or in connection with any breach by the Host of this clause 11.3, including but not limited to any claims made by Customers against Bikers Are Welcome arising from the Host suspending, cancelling or providing incorrect information in respect of any activities or facilities offered to Customers via the site.

  1. Transmissions

The Host is prohibited from uploading, posting or transmitting to or from the site any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  1. Confidentiality

13.1. A party (Receiving Party) will keep in strict confidence all technical or commercial know-how, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain.

13.2. The Receiving Party will restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under this agreement, and will ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party.

13.3. This clause 13 will survive termination of this Agreement.

  1. Disclaimer

 

14.1. Bikers Are Welcome is not responsible for any incorrect or inaccurate content posted on the site. The site may be temporarily unavailable from time-to-time for maintenance or other reasons. Bikers Are Welcome assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Customer communications. Bikers Are Welcome is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the site, including injury or damage to Customers or to any other person’s computer related to or resulting from use of the site.

14.2. Bikers Are Welcome does not warrant that (i). the site will meet your specific requirements, (ii). the site will be uninterrupted, timely, secure, or error-free, (iii). the results that may be obtained from the use of the service will be accurate or reliable, (iv). the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v). any errors in the site will be corrected. The site is provided “as-is” and Bikers Are Welcome disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Bikers Are Welcome cannot guarantee and does not promise specific results from use of the site. Except in jurisdictions where such provisions are restricted, in no event will Bikers Are Welcome or any of Bikers Are Welcome’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the site, even if Bikers Are Welcome has been advised of the possibility of such damages.

  1. Limitation of Liability

 

15.1. Nothing in this Agreement will limit or exclude Bikers Are Welcome’s liability for:

15.1.1. death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; or,

15.1.2. fraud or fraudulent misrepresentation.

15.2. Subject to clause 15.1 above:

15.2.1. Bikers Are Welcome will under no circumstances whatsoever be liable to the Host, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of or damage to goodwill, loss of use or corruption of software, data or information or any indirect or consequential loss arising under or in connection with this agreement;

15.2.2. Bikers Are Welcome will under no circumstances be liable if for any reason the site is unavailable at any time or for any period. Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Bikers Are Welcome’s control; and,

15.2.3. Bikers Are Welcome’s total liability to the Host in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the lower of ONE HUNDRED POUNDS (£100) or the Fees actually received by Bikers Are Welcome from the Host for the Services.

15.3. Bikers Are Welcome will use reasonable endeavours to ensure that the information or materials contained on the site are accurate and complete. Bikers Are Welcome reserves the right to make such changes or updates to the material or processes on the site as it deems necessary from time to time. The site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Bikers Are Welcome provides the site on the basis that Bikers Are Welcome excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the site.

15.4. This clause 15 will survive termination of this Agreement.

  1. Indemnity

 

You agree to indemnify and hold Bikers Are Welcome, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site in breach of this Agreement or your breach of any law or the rights of a third party.

 

  1. Customer Data & Privacy

 

17.1. The Parties acknowledge that for the purposes of the site and with regards to their relationship and all the data, including but not limited to customer data, Bikers Are Welcome is the Data Controller and Data Processor, such meaning been given to them under the Data Protection Act 1988.

17.2. The Host may collect customer information separately by itself and in such case, Host will be the Data Controller (save that for any customer information stored on or processed through any platform provided by Bikers Are Welcome, Bikers Are Welcome is the Data Controller and Data Processor).

17.3. The Host may not use any data collected through Bikers Are Welcome for any purpose other than fulfilment of a booking.

17.4. While processing any data, the Host shall comply with all data protection legislation and take all appropriate technical and organisational measures to protect the personal data against any unauthorised or unlawful processing of the data.

17.5. The Host must take all reasonable steps to ensure that no personal data is published, disclosed, divulged or transferred to any third party or the Host’s agents or contractors, without prior consent of Bikers Are Welcome.

17.6. Bikers Are Welcome will retain your data for as long as is necessary, and for a period of up to six (6) years following closure or termination of your account. We may:

17.6.1. share your customer data with third party service providers for the purpose of fulfilling its Services, including (among other things) account administration and informing you about the Services in the future;

17.6.2. use cookies on the site, and you may also have the option of activating and de-activating (as the case may be) cookies through your browser.

17.7. Any breach of this clause 17 will be considered a Default and clause 7.12 above will apply.

17.9. This clause 17 shall survive the termination or expiry of this Agreement.

  1. Cancelling (Deactivating) Your Account

 

18.1. Subject to payment by the Host of any Commission due (and a continuing obligation to pay any accrued Commission due that may arise in the future), accounts can be cancelled on the site by a Host at any time by completing the cancellation process. This is known as account deactivation, and will mean:

18.1.1. your account will be deactivated and can no longer be accessed;

18.1.2. your account will no longer be charged;

18.1.3. all of your rights granted under this Agreement will immediately come to an end; and,

18.1.4. all of your data and content may be deleted from our systems (on request).

18.2. Bikers Are Welcome cancel a Host’s account at any time for any reason or no reason and with or without notice to the Host.

18.3. We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

 

  1. Termination

 

19.1. Without limiting its other rights or remedies, each party may terminate this Agreement with immediate effect by giving written notice to the other party if:

19.1.1. the other party commits a material breach of this Agreement and (if such a breach is remediable) fails to remedy that breach within seven (7) days of that party being notified in writing of the breach;

19.1.2. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

19.1.3. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

19.1.4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

19.1.5. the other party (being an individual) is the subject of a bankruptcy petition or order;

19.1.6. a creditor or encumbrancer of the other party 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 its assets and such attachment or process is not discharged within fourteen (14) days;

19.1.7. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

19.1.8. a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

19.1.9. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

19.1.10. any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in sub-clauses 19.1.2 to 21.1.9 (inclusive);

19.1.11. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or,

19.1.12. the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

19.2. Without limiting its other rights or remedies, Bikers Are Welcome may terminate this Agreement with immediate effect by giving written notice to the Host if the Host fails to perform under its obligations under this Agreement on the due date for payment.

19.3. Without limiting its other rights or remedies, Bikers Are Welcome will have the right to suspend provision of the site under this Agreement or any other agreement between the Parties if the Host becomes subject to any of the events listed in sub-clauses 19.1.2 to 19.1.9 inclusive, or Bikers Are Welcome reasonably believes that the Host is about to become subject to any of them, or if the Host fails to pay any amount due under this Agreement on the due date for payment.

  1. Consequences of Termination

 

On termination of this Agreement for any reason:

20.1. the Host will immediately pay to Bikers Are Welcome any of Bikers Are Welcome’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Bikers Are Welcome will submit an invoice, which will be payable by the Host immediately on receipt;

20.2. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination will not be affected, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination or expiry; and,

20.3. clauses which expressly or by implication have effect after termination will continue in full force and effect.

  1. Force Majeure

 

21.1. For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of either Party including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Bikers Are Welcome or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Bikers Are Welcome or subcontractors.

21.2. Neither Party will be liable to the other as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.

21.3. If the Force Majeure Event prevents either Party from performing its obligations for more than eight (8) weeks, the innocent Party will, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the defaulting Party, though the obligation to pay any accrued Accommodation Charges that may be due will continue.

  1. General Provisions

22.1. Assignment and Subcontracting.

22.1.1. Bikers Are Welcome may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the agreement and may subcontract or delegate in any manner any or all of its obligations under the agreement to any third party or agent.

22.1.2. The Host will not, without the prior written consent of Bikers Are Welcome, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the agreement.

22.2. Contracting Party & Notices.

22.2.1. For the purposes of this Agreement and any contract formed between you and us, Bikers Are Welcome, means Mr J. Dymond, trading as Bikers Are Welcome from the address given in sub-clause 22.2.3 below.

22.2.2. Bikers Are Welcome may serve notices on you by e-mail to the e-mail address you specify when registering with us. You will be deemed to have been served with a notice by e-mail thirty (30) minutes after the e-mail is sent to you provided we have not received an error message or other indication of non-transmission. Bikers Are Welcome may also serve notices on you using the methods set out in the remainder of this clause 22.2.

22.2.3. Any notice or other communication required to be given by you to us under or in connection with this Agreement will be in writing and will be delivered to us personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at the address below. We may also decide, in our discretion, to serve notice on you in the same manner.

Our address for service:

Mr J. Dymond,

Bikers Are Welcome,

44 Highgrove,

Barnstaple,

EX31 3SX,

United Kingdom

22.2.4. Any notice or other communication served in accordance with sub-clause 22.2.3. above will be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

22.3. Waiver.

A waiver of any right under this Agreement is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the agreement or by law will constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy.

22.4. Severance.

22.4.1. If a court or any other competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement will not be affected.

22.4.2. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

22.5 Bikers Are Welcome reserves the right to revise and amend this Agreement from time-to-time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in our Services offered, changes in relevant laws and regulatory requirements and changes in our system’s capabilities, so please review our terms regularly.

22.6. No Partnership or Agency.

Nothing in this Agreement is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.

22.7. Entire Agreement: 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. Each party agrees that it will 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. Each party agrees that it will have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

22.8. Third Parties.

A person who is not a party to this Agreement will not have any rights under or in connection with it.

22.9. Rights and Remedies.

The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

22.10. Variation.

Except as set out in this Agreement, any variation, including the introduction of any additional terms and conditions to this Agreement, will only be binding when agreed in writing and signed by Bikers Are Welcome.

22.11. Electronic signature.

This Agreement may be signed electronically by the Parties.

22.12. Governing Law and Jurisdiction.

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), will be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

BIKERS ARE WELCOME

 

CUSTOMER AGREEMENT

Welcome to Bikers Are Welcome, the online platform that connects you to biker-friendly accommodation.

This website (‘site’) allows you to book accommodation with hosts and pay in a simple, convenient, and Customer-friendly format. We hope you enjoy using our site and spreading the word to your family, friends and colleagues!

This Customer Agreement (‘Agreement’) – which also incorporates our Privacy & Cookie Policy and Website User Policy & Disclaimer – sets out the terms and conditions between us for use of Bikers Are Welcome.

This Agreement is made between:

(1). Bikers Are Welcome (defined in clause 20.2 below), its agents, staff and contractors (‘Bikes Are Welcome’, ‘we’, ‘us’, ‘our’, similar terms); and,

(2). You – any person signing up to create an account, referred to as the “Customer” in this Agreement.

By using this site, you, the Customer, acknowledge that you have read this Agreement, which will apply to the relationship between Parties. If you do not agree to the terms of this Agreement, you should not use this site.

  1. Definitions and Interpretation

1.1. In this Agreement, the following words shall have the following meanings:

‘Accommodation Charges’ means the price payable by the Customer to the Host, including all accommodation charges and fees that are expected to apply during the Customer’s stay according to the accepted booking;

‘Bikes Are Welcome’ means us as defined in clause 20.2 below and/or the site at www.bikersarewelcome.com, depending on context, or from any other site at the discretion of Bikers Are Welcome from time-to-time;

‘Business Day’ a day (other than a Saturday, Sunday or public holiday) when banks in the City of London are open for business;

‘Customer’ means an individual seeking accommodation from a Host via the site;

‘Default’ an event, occurrence or incident in which our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you, or there is failure by you to perform any of your relevant obligations;

‘Device’ means a personal computer, android or iOS device, or other similar device, with which you access the site;

‘Effective Date’ means the date at which the Customer joins the Bikers Are Welcome site;

‘Host’ means the provider of accommodation that meets the criteria in sub-clause 7.1.6 below;

‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

‘Parties’ refers to the parties to this Agreement;

‘Website’ or ‘site’ means this website at www.bikersarewelcome.com and/or any other domain under our control, as the context allows.

1.2. In this Agreement, the following rules of construction will apply:

1.2.1. clause and Schedule headings will not affect the interpretation of this agreement;

1.2.2. the Schedules forms part of this agreement and will have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules. References to clauses and the Schedules are to the clauses and the Schedules of this agreement;

1.2.3. unless the context otherwise requires, words in the singular will include the plural and in the plural will include the singular;

1.2.4. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.2.5. a reference to a party includes its personal representatives, successors or permitted assigns;

1.2.6. unless the context otherwise requires, a reference to one gender will include a reference to the other genders;

1.2.7. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.2.8. any obligation on a party not to do something includes an obligation not to allow that thing to be done;

1.2.9. any phrase introduced by the terms including, include, in particular or any similar expression, will be construed as illustrative and will not limit the sense of the words preceding those terms; and.

1.2.10. a reference to writing or written includes faxes but not e-mail.

The Parties have agreed to enter into this Agreement to govern the relationship between the Parties and agree as follows:

  1. Commencement and Duration

2.1. The relationship between Bikers Are Welcome and Customers is governed by this Agreement, effective from the Effective Date.

2.2. We will provide the site to you on the terms of this Agreement. If you do not agree with this Agreement, you should not use the site.

2.4. Any illustrations, descriptive matter or advertising issued by us, and any descriptions or graphics contained in Bikers Are Welcome promotional material (including, among others things, any website), are issued or published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of this Agreement or have any contractual force.

2.5. The terms of this Agreement apply to the exclusion of any other terms that the Parties seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

  1. Joining Bikers Are Welcome, Searching for Hosts, Booking Accommodation

3.1. Registration with Bikers Are Welcome is free, subject to satisfactory verification of your email account and your profile. You need only pay your selected Host when you agree a booking.

3.2. Your interactive dashboard within the site will allow you to create or modify your profile, including a profile photo and username, your real name, postal address, delivery address, email address and payment card information (unless our third party payment processor takes the payment information instead), change or update your password and your preferences, and display your booking history. There will be access to an online support in whatever form we decide in our discretion.

3.3. On first using the site, you will be prompted to allow the site to access your Device location. We recommend you allow this as it assists with the functionality of the site.

3.4. You can search the site based on your preferences, including the type of accommodation required, dates, geographic scope and other relevant details.

3.5. Search results will show business profiles for Hosts. The accuracy and usefulness of search results may be affected if you have not provided to us a postal address. The accommodation and other services on offer are specified in each Host’s business profile and are entirely at the discretion of each Host.

3.6. Before contacting Hosts on the Bikers Are Welcome site, you will need to have a debit or credit card saved in your Bikers Are Welcome account or with our third party payment processor, as applicable, and this card must not be in debit.

3.7. To request to make a booking with Hosts, click on the relevant button to book and include the requested information in your booking request. Hosts have forty-eight (48) hours to accept or decline bookings.

3.8. There is no obligation on a Host to accept a booking, but if they do accept such a request, then you will be prompted to pay the Accommodation Charges corresponding to the accepted booking, and which will be immediately paid to the Host via the site.

3.9. Before making a payment for the first time, you may be asked by the third party payment processor (if applicable) to verify your address and identity in accordance with their requirements, and you may also be asked to agree the third party payment processor’s terms and conditions.

3.10. You will be responsible for providing the Host with accurate information about your accommodation requirements. Where you have requirements that you have not been prompted to provide on the site during the booking process, it will be your responsibility, not ours or the Host’s, to notify the Host of these directly using the contact information provided in the Host’s business profile. It will be a matter for you to decide whether to impart this information to the Host before or after sending your booking request.

3.11. The Host is paid the Accommodation Charges less our commission. This payment is normally made to the Host immediately. In any event, all Customer payments are held in escrow by Bikers Are Welcome acting as a collection agent for the Host. Bikers Are Welcome reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from Customers and others, and for holding funds in escrow, where appropriate.

3.13. All sums payable to Bikers Are Welcome under this agreement are exclusive of amounts in respect of value added tax (VAT) chargeable for the time being at the current rate from time-to-time in force.

3.14. You will pay all amounts due to Bikers Are Welcome under this Agreement in full without any deduction or withholding and you will not be entitled to assert any credit, set-off or counterclaim against Bikers Are Welcome in order to justify withholding payment of any such amount in whole or in part.

 

  1. Disputes, Variations, Cancellations & Refunds

 

4.1. In the event of a dispute arising between you and the Host, you should endeavour to resolve the dispute direct with the Host.

4.2. Should you wish to change, vary or cancel a booking, you may submit this request to the Host via the site or by using the contact details provided in the relevant business profile. Any such requests are a matter between the Customer and the Host according to the Host’s own terms and conditions.

  1. Customer Reviews

 

5.1. The Customer is asked to provide both qualitative feedback and a rating from 1-5 for the Host’s accommodation and services.

5.2. The review is published on the Host’s profile page and should be completed honestly. Customers must not falsify feedback, manipulate or coerce another Customer by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Bikers Are Welcome.

5.3. Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

5.4. We may anonymise or pseudonymise reviews on request by a Customer, or otherwise for the purposes of data protection where a Customer’s account has been closed or terminated.

 

  1. Your Warranties and Obligations

6.1. You warrant that:

6.1.1. you are 18 years of age or older;

6.1.2. you are a human, and not a computer service or automated “bot”;

6.1.3. you have provided accurate and valid information requested during the registration process;

6.1.4. you will use the site only for lawful purposes, and will observe and comply with our Website Customer Policy & Disclaimer, and in particular, clause 10 of that Policy (our ‘Acceptable Usage Policy’);

6.1.5. during your use of the site you will not create, transmit, distribute,

or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the site, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Host, Bikers Are Welcome customer, employee, member, or officer.

6.2. Communications between the Host and Customer can be direct, but all payments between Host and the Customer must be processed through Bikers Are Welcome. A Host may seek express written permission from Bikers Are Welcome to allow payment by alternative means for a specific invoice or payment if the Host intends to issue proceedings or pursue legal action against the Customer.

6.3. Payment (or attempt to pay) outside of Bikers Are Welcome is a breach of this Agreement unless the prior express written consent of Bikers Are Welcome has been obtained. Such payment (or attempt to pay) may lead to temporary and/ or permanent suspension of the Customer and/ or Host’s account. The Host will be liable for any loss of business and legal expenses that Bikers Are Welcome may incur in recovering such payment. Without prejudice to any other rights we may have, Bikers Are Welcome reserve the right to access and deduct from funds held for the Host in order to recover lost fees, which may result in a shortfall that has to be made up with further additional payments from the Customer. Moreover, Bikers Are Welcome will not mediate any disputes between the Host and the Customer or be liable to the Host for loss of business as a result of breach(es) of this Agreement. Customers must report attempts or offers to make payment outside of Bikers Are Welcome by other Customers to Bikers Are Welcome immediately.

6.4. You must not breach any laws in your jurisdiction, including but not limited to any copyright laws.

6.5. You are prohibited from breaching, or attempting to breach, the security of the site.

6.6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site without the express written permission of Bikers Are Welcome.

6.7. You understand that Bikers Are Welcome uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the site. If your bandwidth usage on the site significantly exceeds the average bandwidth usage of the site, as determined by Bikers Are Welcome, we reserve the right to limit your bandwidth to the site.

6.8. If the event of Default:

6.8.1. Bikers Are Welcome will, without limiting its other rights or remedies, have the right to:

6.8.1.1. suspend your access to the site until you remedy the Default to Bikers Are Welcome’s satisfaction; and,

6.8.1.2. to rely on the Default to relieve it from the performance of any of its obligations to the extent the Default prevents or delays Bikers Are Welcome’s performance of any of its obligations;

6.8.2. Bikers Are Welcome will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Bikers Are Welcome’s failure to perform, or delay in performing, any obligation; and,

6.8.3. you will reimburse Bikers Are Welcome on written demand for any costs or losses sustained or incurred by Bikers Are Welcome arising directly or indirectly from the Default.

  1. Acknowledgements

7.1. You acknowledge and agree that:

7.1.1. Bikers Are Welcome is a third party referral and communications platform and not a provider of accommodation (or related services) of any kind, and all contractual relations and arrangements and statutory and tortious duties and obligations concerning the provision of such services are entirely a matter between you and the Host, Bikers Are Welcome is in no way responsible or liable for the provision of such services, and you indemnify Bikers Are Welcome entirely in respect of the financial consequences of any breach of contract or breach of duty on the part of you or the Host;

7.1.2. you are responsible for providing a full and accurate description of your requirements to Hosts as part of your booking and in any subsequent communications with Hosts;

7.1.3. use of the site requires a Device and it is your responsibility to ensure that you use or have access to a Device;

7.1.4. notwithstanding the above, Bikers Are Welcome offers no warranty or assurance that your particular Device will be compatible with the site and it remains at all times your responsibility to ensure compatibility and resolve any technical issues that may arise in this regard;

7.1.5. it is your responsibility to configure your Device so that you are able to receive push notifications from us on the site, including notification of messages from us and Hosts;

7.1.6. Bikers Are Welcome will require that Hosts provide biker-friendly accommodation, which we define as accommodation and facilities that are intended to accommodate Customers who intend to travel to the Host’s premises by motorcycle and store their motorcycles at the Host’s premises in a safe and secure manner. You acknowledge that this is a general standard only and we neither offer nor imply any warranty that the accommodation and facilities offered by a particular Host will meet your specific requirements or the requirements of motorcyclists generally or will be safe and secure for motorcyclists. You acknowledge that these are matters between you and the Host entirely;

7.1.7. some Hosts on the site may be private individuals offering suitable accommodation in their homes, and in such cases the usual implied warranties as to the services to be provided may not apply;

7.1.8. we will not carry out background checks or criminal record checks on Hosts, who are self-employed (or employed by others or private individuals licensing space in their homes) and entirely independent of Bikers Are Welcome, and you should rely on your own enquiries and due diligence in this regard; and,

7.1.8. Hosts are under no obligation to quote for or accept a request from you for accommodation, which they may accept or decline at will, for any reason or no reason.

7.2. Bikers Are Welcome reserves the right to:

7.2.1. make any changes to the site which are necessary to comply with any applicable law or regulation, or which in their opinion do not materially affect the nature or quality of the site;

7.2.2. modify or remove parts the site at any time.

7.3. Bikers Are Welcome shall not be liable to you or to any third party for the adverse financial consequences of any modification, suspension or discontinuance of the site or the services offered by Hosts.

  1. Registration and Linking

8.1. Each registration for Bikers Are Welcome is for a single Customer only. Bikers Are Welcome does not permit you to share your Customer name and password with any other person outside of the Bikers Are Welcome site. Responsibility for the security of any passwords issued rests solely with you.

8.2. If you would like to link to the site, or both, you may only do so on the basis that it links to, but does not replicate, the site and subject to the following conditions:

8.2.1. you do not remove, distort or otherwise alter the size or appearance of the Bikers Are Welcome name or logo;

8.2.2. you do not create a frame or any other browser or border environment around the site;

8.2.3. you do not in any way imply that Bikers Are Welcome is endorsing any products or services other than our own;

8.2.4. you do not misrepresent your relationship with Bikers Are Welcome nor present any other false information about Bikers Are Welcome;

8.2.5. you do not otherwise use the name Bikers Are Welcome or any trademarks displayed on our Website/site, or any other services we may provide, without the express written permission from Bikers Are Welcome;

8.2.6. you do not link from a website that is not owned by you; and,

8.2.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

  1. Intellectual Property Rights

9.1. As between Bikers Are Welcome and the Customer, all Intellectual Property Rights in or arising out of or in connection with the site will be owned by Bikers Are Welcome. Subject to clause 9.2 below, Bikers Are Welcome licenses all such rights to the Customer on a non-exclusive, worldwide basis to such extent as is necessary to enable the Host to make reasonable use of the site. If this agreement is terminated, this licence will automatically terminate.

9.2. The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on Bikers Are Welcome obtaining a written licence from the relevant licensor on such terms as will entitle Bikers Are Welcome to license such rights to the Customer.

9.3. The Customer hereby warrants that any data, information, images or other content which it uploads to the site will not infringe the Intellectual Property Rights of any third party or otherwise not comply with all applicable laws and regulations. The Customer will indemnify Bikers Are Welcome against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Bikers Are Welcome arising out of or in connection with any breach by the Customer of this clause 9.3.

  1. Transmissions

The Customer is prohibited from uploading, posting or transmitting to or from the site any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  1. Confidentiality

11.1. A party (Receiving Party) will keep in strict confidence all technical or commercial know-how, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain.

11.2. The Receiving Party will restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under this agreement, and will ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party.

11.3. This clause 11 will survive termination of this Agreement.

  1. Disclaimer

12.1. Bikers Are Welcome is not responsible for any incorrect or inaccurate content posted on this site. The site may be temporarily unavailable from time-to-time for maintenance or other reasons. Bikers Are Welcome assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, Customer communications. Bikers Are Welcome is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the site, including injury or damage to Customers or to any other person’s computer related to or resulting from use of the site.

12.2. Bikers Are Welcome does not warrant that (i). the site will meet your specific requirements, (ii). the site will be uninterrupted, timely, secure, or error-free, (iii). the results that may be obtained from the use of the service will be accurate or reliable, (iv). the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v). any errors in the site will be corrected. The site is provided “as-is” and Bikers Are Welcome disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Bikers Are Welcome cannot guarantee and does not promise specific results from use of the site. Except in jurisdictions where such provisions are restricted, in no event will Bikers Are Welcome or any of Bikers Are Welcome’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the site, even if Bikers Are Welcome has been advised of the possibility of such damages.

  1. Limitation of Liability

13.1. Nothing in this Agreement will limit or exclude Bikers Are Welcome’s liability for:

13.1.1. death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; or,

13.1.2. fraud or fraudulent misrepresentation.

13.2. Subject to clause 13.1 above:

13.2.1. Bikers Are Welcome will under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of or damage to goodwill, loss of use or corruption of software, data or information or any indirect or consequential loss arising under or in connection with this agreement;

13.2.2. Bikers Are Welcome will under no circumstances be liable if for any reason the site is unavailable at any time or for any period. Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Bikers Are Welcome’s control; and,

13.2.3. Bikers Are Welcome’s total liability to the Customer in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the lower of ONE HUNDRED POUNDS (£100) or the Bikers Are Welcome’s share of the Accommodation Charges payable in each instance.

13.3. Bikers Are Welcome will use reasonable endeavours to ensure that the information or materials contained on the site are accurate and complete. Bikers Are Welcome reserves the right to make such changes or updates to the material or processes on the site as it deems necessary from time to time. The site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Bikers Are Welcome provides the site on the basis that Bikers Are Welcome excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the site.

13.4. This clause 13 will survive termination of this Agreement.

  1. Indemnity

You agree to indemnify and hold Bikers Are Welcome, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site in breach of this Agreement or your breach of any law or the rights of a third party.

  1. Customer Data

15.1. The Parties acknowledge that with regards to their relationship and all the data, including but not limited to customer data, Bikers Are Welcome is the Data Controller and Data Processor, such meaning been given to them under the Data Protection Act 1988.

15.2. The Host may collect customer information separately by itself and in such case Host will be the Data Controller and Data Processors (save that for any customer information stored on or processed through any platform provided by Bikers Are Welcome, Bikers Are Welcome is the Data Controller and Data Processor).

15.3. Bikers Are Welcome has agreed with the Host that:

15.3.1. the Host will not use any data collected through Bikers Are Welcome for any purpose other than fulfilment of a booking;

15.3.2. the Host, in their capacity as Data Controller and Data Processor, shall comply with all data protection legislation and take all appropriate technical and organisational measures to protect the personal data against any unauthorised or unlawful processing of the data; and,

15.3.3. the Host must take all reasonable steps to ensure that no personal data is published, disclosed, divulged or transferred to any third party or the Host’s agents or contractors, without prior consent of Bikers Are Welcome.

15.4. Bikers Are Welcome will retain your data for as long as is necessary, and for a period of up to six (6) years following closure or termination of your account. We may:

15.4.1. share your customer data with third party service providers for the purpose of fulfilling its Services, including (among other things) account administration and informing you about Bikers Are Welcome’s services in the future;

15.4.2. use cookies in the site, and you may also have the option of activating and de-activating (as the case may be) cookies through your browser.

15.5. This clause 15 shall survive the termination or expiry of this Agreement.

  1. Cancelling (Deactivating) Your Account

16.1. Subject to payment of any Accommodation Charges due (an obligation that, in any event, will continue notwithstanding cancellation), Customer accounts can be cancelled in the site by a Customer at any time by completing the cancellation process. This is known as account deactivation and will mean:

16.1.1. your account will be deactivated and can no longer be accessed;

16.1.2. your account will no longer be charged (to the extent fees may apply);

16.1.3. all of your rights granted under this Agreement will immediately come to an end; and,

16.1.4. all of your data and content may be deleted from our systems (on request).

16.2. Bikers Are Welcome may cancel a Host’s account at any time for any reason or no reason and with or without notice to the Host or the Customer.

16.3. We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

  1. Termination

17.1. Without limiting its other rights or remedies, each party may terminate this Agreement with immediate effect by giving written notice to the other party if:

17.1.1. the other party commits a material breach of this Agreement and (if such a breach is remediable) fails to remedy that breach within seven (7) days of that party being notified in writing of the breach;

17.1.2. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

17.1.3. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

17.1.4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

17.1.5. the other party (being an individual) is the subject of a bankruptcy petition or order;

17.1.6. a creditor or encumbrancer of the other party 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 its assets and such attachment or process is not discharged within fourteen (14) days;

17.1.7. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

17.1.8. a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

17.1.9. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

17.1.10. any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in sub-clauses 17.1.2 to 17.1.9 (inclusive);

17.1.11. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or,

17.1.12. the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

17.2. Without limiting its other rights or remedies, Bikers Are Welcome will have the right to suspend provision of the site under this Agreement or any other agreement between the Parties if the Customer becomes subject to any of the events listed in sub-clauses 17.1.2 to clause 17.1.9 inclusive, or Bikers Are Welcome reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Agreement on the due date for payment.

  1. Consequences of Termination

On termination of this Agreement for any reason:

18.1. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination will not be affected, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination or expiry; and,

18.2. clauses which expressly or by implication have effect after termination will continue in full force and effect.

  1. Force Majeure

19.1. For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of either Party including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Bikers Are Welcome or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Bikers Are Welcome or subcontractors.

19.2. Neither Party will be liable to the other as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.

19.3. If the Force Majeure Event prevents either Party from performing its obligations for more than eight (8) weeks, the innocent Party will, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the defaulting Party, though the obligation to pay any accrued Accommodation Charges that may be due will continue.

  1. General Provisions

20.1. Assignment and Subcontracting.

20.1.1. Bikers Are Welcome may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the agreement and may subcontract or delegate in any manner any or all of its obligations under the agreement to any third party or agent.

20.1.2. The Customer will not, without the prior written consent of Bikers Are Welcome, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the agreement.

20.2. Contracting Party & Notices.

20.2.1. For the purposes of this Agreement and any contract formed between you and us, Bikers Are Welcome, means Mr J. Dymond, trading as Bikers Are Welcome from the address given in sub-clause 20.2.3 below.

20.2.2. Bikers Are Welcome may serve notices on you by e-mail to the e-mail address you specify when registering with us. You will be deemed to have been served with a notice by e-mail thirty (30) minutes after the e-mail is sent to you provided we have not received an error message or other indication of non-transmission. Bikers Are Welcome may also serve notices on you using the methods set out in the remainder of this clause 20.2.

20.2.3. Any notice or other communication required to be given by you to us under or in connection with this Agreement will be in writing and will be delivered to us personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at the address below. We may also decide, in our discretion, to serve notice on you in the same manner.

Our address for service:

Mr. J. Dymond,

Bikes Are Welcome,

44 Highgrove,

Barnstaple,

EX31 3SX,

United Kingdom.

20.2.4. Any notice or other communication served in accordance with sub-clause 20.2.3. above will be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

20.3. Waiver.

A waiver of any right under this Agreement is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the agreement or by law will constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy.

20.4. Severance.

20.4.1. If a court or any other competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement will not be affected.

20.4.2. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

20.5 Bikers Are Welcome reserves the right to revise and amend this Agreement from time-to-time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in our Services offered, changes in relevant laws and regulatory requirements and changes in our system’s capabilities, so please review our terms regularly.

20.6. No Partnership or Agency.

Nothing in this Agreement is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.

20.7. Entire Agreement

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. Each party agrees that it will 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. Each party agrees

that it will have no claim for innocent or negligent misrepresentation based on any

statement in this Agreement.

20.8. Third Parties.

A person who is not a party to this Agreement will not have any rights under or in connection with it.

20.9. Rights and Remedies.

The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

20.10. Variation.

Except as set out in this Agreement, any variation, including the introduction of any additional terms and conditions to this Agreement, will only be binding when agreed in writing and signed by Bikers Are Welcome.

20.11. Electronic signature

This Agreement may be signed electronically by the Parties.

20.12. Governing Law and Jurisdiction.

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), will be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

BIKERS ARE WELCOME

 

WEBSITE USER POLICY & DISCLAIMER

BACKGROUND:

This Policy, together with any and all other documents referred to herein, sets out the terms of use under which you may use this website, https://bikersarewelcome.com (“Our Site”). Please read this Website User Policy & Disclaimer (‘these terms’, ‘this Policy’) carefully and ensure that you understand them.

Your agreement to comply with and be bound by these terms is deemed to

occur upon your first use of Our Site. If you do not agree to comply with and be bound by these terms, you must stop using Our Site immediately.

  1. Definitions and Interpretation

In these terms, unless the context otherwise requires, the following expressions have the following meanings:

“Content” means any and all text, images, audio, video, scripts, code,

software, databases and any other form of information

capable of being stored on a computer that appears on, or

forms part of, Our Site; and,

“We/Us/Our” means BIKERS ARE WELCOME, defined in clause 13 below.

  1. Information About Us

Our Site, https://bikersarewelcome.com, is owned and operated by BIKERS ARE WELCOME.

.

  1. Access to Our Site

3.1. Access to Our Site is free of charge.

3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

  1. Intellectual Property Rights

4.1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.2. Subject to sub-clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

4.3. You may:

4.3.1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

4.3.2. Download Our Site (or any part of it) for caching;

4.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

4.6. Nothing in this Policy limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

  1. Links to Our Site

5.1. You may link to Our Site provided that:

5.1.1. You do so in a fair and legal manner;

5.1.2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

5.1.3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and,

5.1.4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

5.2. You may link to any page of Our Site.

5.3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at [email protected] for further information.

5.4. You may not link to Our Site from any other site the main content of which contains material that:

5.4.1. is sexually explicit;

5.4.2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

5.4.3. promotes violence;

5.4.4. promotes or assists in any form of unlawful activity;

5.4.5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

5.4.6. is intended or is otherwise likely to bully, threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

5.4.7. is calculated or is otherwise likely to deceive another person;

5.4.8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

5.4.9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-clause 5.4);

5.4.10. implies any form of affiliation with Us where none exists;

5.4.11. infringes, or assists in the infringement of, the intellectual property

Rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

5.4.12. is made in breach of any legal duty owed to a third party including, but

Not limited to, contractual duties and duties of confidence.

5.5. The content restrictions in sub-clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-clause 5.4. You are not, for example, prohibited from posting links on general purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

  1. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  1. Disclaimers

7.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.2. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

  1. Our Liability

8.1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

8.2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

8.3. Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

8.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

8.6. Nothing in this Policy excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

  1. Viruses, Malware and Security

9.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

9.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

9.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

9.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

9.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6. By breaching the provisions of sub-clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.

Your right to use Our Site will cease immediately in the event of such a breach.

  1. Acceptable Usage Policy

10.1. You cannot:

10.1.1. create multiple accounts on Our Site for any purpose (including artificially boosting your reviews);

10.1.2. cancel a credit card to frustrate an otherwise approved payment with the aim of avoid paying fus or the services we provide;

10.1.3. try to disrupt our service in any way (spamming, DDoS attacks, etc.);

10.1.4. impersonate others;

10.1.5. provide fake information about yourself (including names, address, portfolio, etc).

10.2. You may only use Our Site in a manner that is lawful. Specifically:

10.2.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

10.2.2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

10.2.3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

10.2.4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this clause 10 or any of the other provisions of these terms. Specifically, We may take one or more of the following actions:

10.3.1. suspend, whether temporarily or permanently, your right to access Our Site;

10.3.2. issue you with a written warning;

10.3.3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.3.4. take further legal action against you as appropriate;

10.3.5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

10.3.6. any other actions which We deem reasonably appropriate (and lawful).

10.4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these terms.

  1. Privacy and Cookies

Use of Our Site is also governed by Our Privacy & Cookie Policy, which is incorporated into these terms by this reference.

  1. Changes to this User Policy & Disclaimer

12.1. We may alter these terms at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been

implemented. You are therefore advised to check this page from time to time.

12.2. In the event of any conflict between the current version of these terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

  1. Contacting Us

For the purposes of this Policy and any contract formed between you and us, Bikers Are Welcome, means Mr J. Dymond, trading as Bikers Are Welcome of 44 Highgrove, Barnstaple, EX31 3SX, United Kingdom.

To contact Us, please email Us at [email protected].

  1. Communications from Us

14.1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to this Policy.

14.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

14.3. For questions or complaints about communications from Us (including, but not

limited to marketing emails), please contact Us at [email protected]me.com

  1. Data Protection

15.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy.

  1. Law and Jurisdiction

16.1. These terms, and the relationship between you and Us (whether

contractual or otherwise) shall be governed by and construed in accordance with English law.

16.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

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