TERMS & CONDITIONS

Please read these terms carefully before you register with us.

The Yellow Bike Company Ltd (Yellowbike) is a company registered with company number: 6922927 with its registered office at Mulberry House, The Street, Whiteparish, Salisbury, Wiltshire, SP5 2SL.

Yellowbike hires (free of charge to You) secure Bike units for pedal and electric bikes (Clamp-IT Bike lock units). As part of the Clamp-IT registration process, You have been asked to consent that You have read and accepted these terms and conditions.  You will also be asked to accept the current version of these terms and conditions each time you Hire a Unit.

Some key points for you to note:

A.    Words starting with a capital letter have the meanings given in clause 1.

B.     Use of a Unit is limited to a period of hire as described within these Terms and Conditions.

C.   The contract created by these Terms and Condition will start at the time you accept them and end when the Unit is Dehired (or on termination if earlier).  A separate contract will be created each time you wish to Hire a Unit and accept these the current version of these terms and conditions

Once a Unit is Hired, it can be Dehired by You at any time without penalty (subject to the maximum Period of Hire referred to in clause 10) below)

However, You shall remain liable for any charges or liabilities incurred payable by You under these terms and conditions and any clauses relating to payments, indemnities and damages shall survive the Dehiring/end of the duration of the contract.

D.    Whilst Yellowbike intend for the Units to be available all year, seven days a week without interruption, the availability of Units may be affected by events outside of our control and we will not be liable to You if this happens.

E.     The ability for You to Hire a Unit will be subject to availability.  You will need to use our website and following the instructions in order to find and hire a Unit.

F.     If you damage a Unit or a Stand then we may charge you for the cost of repair as set out in these terms and conditions.

G.   Whilst no charge is made to You for the Hire of a Unit, You may be liable for other costs and charges etc under terms of this contract. in the event of damage – please make sure that you read and understand clauses 17), 26), 27), 28) and 29) of these terms and conditions.

Definitions

1.     In these terms and conditions the following definitions and rules of interpretation apply:

Bike: a pedal or electric bicycle

Community Administrator: the person or persons nominated from time to time by the owner of the Stand for the purpose of representing the owner’s interests.

Dehire: the unlocking of the shutter on a Unit in accordance with the instructions relating to the Unit (and ‘Dehired’ and ‘Dehiring’ shall be interpreted accordingly).

Hired: the locking of the shutter on a Unit in accordance with the instructions relating to the Unit (and ‘Hire’ and ‘Hiring’ shall be interpreted accordingly).

Period of Hire: the period from the time that the Unit is Hired until the time that it is Dehired.

Theft Protection Offer: the offer set out in

Stand: a stand to which a Unit is attached.

Unit: a ‘Clamp It’ lock to which Your Bike is secured

Website: www.Yellowbike.biz

You: the person who has registered on the Website and in doing so has accepted these terms and conditions (and the word Your shall be interpreted accordingly).

TERMINATION

2.     Yellowbike may terminate this agreement at any time upon notice by email to You.

3.     You may terminate this agreement at any time before Hiring a Unit by:

a)    notice by email to Yellowbike or

b)    by completing and returning the model cancellation form that is available to You here; or

c)    if you have already Hired a Unit after agreeing to these terms and conditions, by Dehiring the Unit.

4.     Notwithstanding termination, You shall remain liable for any charges or liabilities incurred payable by You under these terms and conditions and this clause and any clauses relating to payments, indemnities and damages shall survive termination.

AVAILABILITY OF UNITS

5.     Yellowbike do not guarantee that a Unit will be available for Hire at the time(s) required by You.   It is Your responsibility to use the Website to identify an available Unit.  Yellowbike shall not be liable for any losses in the event that a Unit is or becomes unavailable for any reason before You are able to Hire it.

STOLEN BIKES AND THEFT PROTECTION OFFER

6.     Subject to You having complied with clause 15, in the event that Your Bike is stolen as a result of the malicious or unintended opening or breaking of that Unit by force, Yellowbike will pay You the lesser of the following:-

a)    The base cost of Your Bike that has been stolen excluding tax and accessories up to a maximum of £200; or

b)    any insurance deductible paid by You up to a maximum of £200

PROVIDED THAT Yellowbike shall only make any payment to You under this clause if:

i)      the Bike in respect of which a claim is made was stolen less than 12 hours after the Unit was locked; and

ii)     the Bike is stolen as a result of any defects of a Unit .

iii)    You notify Yellowbike of the theft within 3 days of the theft occurring and provides Yellowbike with:

(1)   Your preferred contact details

(2)   the number of the Unit from which the Bike was stolen;

(3)   the date of the incident

(4)   Details of the BIke, including vehicle type, base cost and serial number;

(5)   An itemized copy of the bill of sale; and

(6)   An image of the Bike that has been stolen.

iv)   in the event of an insurance deductible being claimed, You must provide Yellowbike with confirmation from Your insurance company of the payment made by You

7.     Yellowbike accept no responsibility for damage to or loss of parts (such as, but not limited to, saddles) from Bikes.

8.     Yellowbike accept no responsibility for anything that is attached to or left with a Bike.

9.     You acknowledge that Yellowbike do not own the Stands and accept no responsibility for thefts or losses arising from any defects in or damage to Stands.

REMOVAL OF BIKE

10.  In the event that You do not Dehire a Unit within 72 hours of the Unit being Hired, Yellowbike may demand that You Dehire the Unit by email or text to You using the email address and/or mobile number provided by You when registering on the Website.

11.  If, within 24 hours of a notification pursuant to clause 10, You have not Dehired the Unit, Yellowbike may remotely Dehire the Unit and secure the bike elsewhere pending Your collection.

OBLIGATIONS OF YOU

12.  You shall only use Units for the purpose for which they were designed and in compliance with these Terms and Conditions. You must follow all instructions relating to the use of Units which are from time-to-time added to the Website and/or on the Units themselves. Yellowbike accept no responsibility in respect of any Bike where You have not complied with this clause.

13.  Each time a Unit is Hired by You, You shall either verify that all personal information (including payment details) remain unchanged or provide Yellowbike with updated personal information and/payment details.

14.  If the Stand is located in a dedicated closed community, You must ensure that You have the permission of the Community Administrator who will have approved Your registration with Yellowbike in respect of that location. Failure to gain such approval will render You unable to use the system and Yellowbike shall not be liable for any losses arising from You failing to obtain the necessary approval.

15.  Prior to Hiring any Unit, You must undertake a visible check of the Stand to ensure that there are no obvious signs of disrepair. The Hiring of a Unit by You signifies that You have visibly checked the condition of the Unit and the Stand prior to Hiring.

16.  If at any time during the Hire Period the Stand and/or the Unit ceases to function or appears or is defective or unsafe, You must:

a)    immediately Dehire the Unit  and

b)    notify the Community Administrator and

c)    notify Yellowbike via email to info@yellowbike.biz

17.  You agree to pay all fees or fines incurred during or arising as a result of Your use of the Stand and/or Unit, including but not limited to court costs, administrative costs, fines and Local Authority fees. You are responsible for, and agree to pay, Yellowbike’s administrative handling fees which occur as a result of any fines or unanticipated violations.

18.  You may not re-hire a Unit within 5 minutes of that Unit being de-hired.

19.  In the event of the theft of a Bike whilst it is locked on a Unit Hired by You, You must

a)    report the theft to the Community Administrator and Yellowbike within 24 hours of becoming aware that the bicycle has been stolen and

b)    report the theft to the police within 48 hours of becoming aware that the bicycle has been stolen.

THIRD PARTY BIKES

20.  By Hiring a Unit, You assert that You are authorised to do so. Yellowbike will not accept any responsibility if You secure a Bike to a Unit that it is not Yours to secure.

21.  You may permit a minor for whom You are responsible to lock a Bike to a Unit, but for the purpose of these terms and conditions You shall always be treated as the party who has Hired the Unit and You shall remain liable for any damage caused to the Stand and/or Unit during the Period of Hire and You shall be responsible for ensuring compliance with these terms and conditions.

22.  You agree to defend, indemnify and hold Yellowbike harmless from all losses, liabilities and damages, injuries, claims, demands, costs and expenses (unless it can be proven that Yellowbike did not fulfill reasonable maintenance procedures for the equipment being used) incurred in any manner by Yellowbike throughout the rental period

23.  In the event of an accident and/or incident relating to the Stand and/or the Unit You must report the facts to the Community Administrator and Yellowbike within 24 hours following the occurrence thereof

24.  You must not operate the Stand and/or Unit nor permit the Stand and/or Unit to be operated whilst the person operating the Stand and/or Unit is unfit to do so through drink, drugs or other prohibited substances.

25.  You represent that all information provided by You to Yellowbike is accurate

LIABILITIES

26.  You use the Stand and Unit at Your own risk. You take full responsibility for damages caused by You/Yourself. The user is solely responsible for any liability claims resulting from actions or events occurring during the Hire Period or as a result of Your own acts or omissions.

27.  You shall pay on demand the amount required to repair any damage caused to a Stand or Unit by You, regardless of whether such damage is caused intentionally or not.  If it is not possible to repair any damage, You shall pay on demand the full replacement cost of the Stand and/or Unit (£500 as at November 2018).

28.  In cases of damage to the Stand or Unit being discovered, the user will be informed by Yellowbike within 7 days of discovery. You shall not be liable for any damage to the Stand and/or Unit where it cannot reasonably be demonstrated that such damage occurred during the Period of Hire. Yellowbike's maintenance shall include a replacement service within 14 days of any unit that does not work properly due to the fault of the Company, the determination for which shall be at the discretion of the Company.

29.  You shall indemnity Yellowbike against all costs, losses and damages incurred by Yellowbike as a result of Your breach of these terms and conditions.

ASSIGNMENT

30.  Yellowbike may deal with (including assign) its rights in this agreement as it sees fit.

31.  You may not and shall not assign any of Your rights under this agreement.

DISPUTE RESOLUTION

32.  All disputes must be sent to info@Yellowbike.biz. These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of England.

DATA PROTECTION AND PRIVACY

33.  By registering with us you agree that you have reviewed our Privacy Notice and agree that we may process your personal information in accordance with it. In particular you agree that your personal data may be stored on databases outside of the EEA.

34.  If you are happy to receive news and information about our services and similar services that we think may be of interest to you please tick the relevant box on the Website

35.  Our website Privacy Notice and Cookie Policy explains how we may process your information when you visit our website.