our terms & conditions of membership
1.1 Definitions. The following definitions will apply in these Terms:
(a) “Application Form” means the form found on the Website by which any person may apply to be a Member.
(b) “Fee” means the sum of money a Member agrees to pay to join the Membership, as advertised on the Website from time-to-time.
(c) “Member” means a Pay as you R1DE Member and/or a R1DE Monthly Member.
(d) “Membership” means the Members of the club known as R1DE.
(e) “Membership Services” means the services provided by R1DE to Members as advertised on the Website from time-to-time.
(f) “Pay as you R1DE Member” means any person who on applying to join the Membership chooses to book R1DEs on a pay-as-you-go basis.
(g) “R1DE Monthly Member” means any person who agrees to join the Membership for a year, and agrees to pay the Fee by monthly subscription. R1DE Monthly Members shall be permitted to book as many R1DEs as they wish for the term of their Membership, subject always to the availability of the bikes.
(h) “Website” means the website hosted at www.R1DE.co.uk
1.2 What these Terms cover. These Terms & Conditions of Membership and our Membership Rules, are the terms and conditions by which you may become a member of R1DE, and govern the supply of Membership Services to members.
1.3 Why you should read them. Please read these Terms carefully before you submit your Application Form for Membership to R1DE. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2.1 Who we are. We are Rokt Limited t/a R1DE a company registered in England and Wales. Our company registration number is 07225048, and our registered office is at The Old Vicarage, Occupation Road, Lindley, Huddersfield HD3 3EE. Our main trading address is at Old Flour Mill, Millroyd Street, Brighouse, West Yorkshire HD6 1EY.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01484 937050 or by writing to us at contactR1DE@R1DE.co.uk.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Membership Application.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3.1 How we will accept your Membership Application. Our acceptance of your Application Form will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your Membership Application. If we are unable to accept your Application Form, we will inform you of this in writing, and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the Fee or description of the Membership Services you applied for.
3.3 Your Membership ID Number. We will assign to you a Membership ID Number, and tell you what it is when we accept your Membership Application. It will help us if you can tell us your Membership ID Number whenever you contact us.
If you wish to make a change to your terms of Membership, please contact us contactR1DE@R1DE.co.uk. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Fee, the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7 – Your rights to end the contract).
5.1 Minor changes to the terms of Memberships. We may change the terms of Memberships:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your Membership.
5.2 More significant changes to the terms of Memberships. In addition, we may make more significant changes to these Terms or to the terms of any Membership, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any part of the Membership you have paid for but not received.
6.1 When we will provide the Membership Services. We will begin providing the Membership Services on the date we accept your Membership Application.
6.2 We are not responsible for delays outside our control. If your access to the Membership Services is prevented by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of the Membership Services you have paid for but not received.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply or continue to supply the Membership Services to you, for example, information about your fitness, and health status. We may contact you in writing to ask for this information from time-to-time during your Membership. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and Clause 9.2 will apply). We will not be responsible for any delay in providing access to the Membership Services or for not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of the Membership Services to you. We may have to suspend the supply of Membership Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Membership Services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Membership Services as requested by you (see Clause 4) or notified by us to you (see Clause 5).
6.5 Your rights if we suspend the supply of Membership Services. We will contact you in advance to tell you we will be suspending the supply of Membership Services, unless the problem is urgent or an emergency. If we have to suspend the supply of Membership Services for longer than 28 days we will adjust the Fee so that you do not pay for Membership Services while they are suspended. You may contact us to end the contract for Membership Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days, and we will refund any sums you have paid in advance for the Membership Services in respect of the period after you end the contract.
6.6 We may also suspend supply of the Membership Services if you do not pay. If you do not pay us for the Membership Service when you are supposed to (see Clause 11.411.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Membership Service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Membership Services. We will not charge you for the Membership Services during the period for which they are suspended. As well as suspending the Membership Service we can also charge you interest on your overdue payments (see Clause 11.5).
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have paid for, whether there was anything wrong with the Membership Services provided, how we are performing and when you decide to end the contract:
(a) If what you have paid for is mis-described you may have a legal right to end the contract or to receive replacement Membership Services or to get some or all of your money back, see Clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
(c) If you have just changed your mind about becoming a Member, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at Clause 7.2(a) to 7.2(e) below the contract will end immediately and we will refund you in full or for any part of the Membership Services which have not been provided, and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Membership Services or these Terms which you do not agree to (see Clause 5.2);
(b) we have told you about an error in the Fee or description of the Membership Services you have purchased, and you do not wish to proceed;
(c) there is a risk that the supply of the Membership Services may be significantly delayed because of events outside our control;
(d) we have suspended the supply of the Membership Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods/services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of the Membership Services, once these have been completed, even if the cancellation period is still running.
7.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your Membership Application or the renewal of your Membership. If you cancel after you have received part of the Membership Services, you must pay us for the Membership Services provided up until the time you tell us that you have changed your mind.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 7.1), you can still end the contract before it is completed. A contract for Membership Services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Membership Services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Membership Services until 3 March. We will only charge you for supplying the Membership Services up to 3 March, and will refund any sums you have paid in advance for the supply of the Membership Services after 3 March.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01484 937050 or email us at contactR1DE@R1DE.co.uk. Please provide your name, home address, details of your Membership ID Number and, where available, your phone number and email address.
(b) Online. Complete the Cancellation Form on our Website.
(c) By post. Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of your Membership Number and your name and address.
8.2 How we will refund you. Any refund will be made by the method you used for payment. However, we may make deductions from the refund, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Membership Service for the period for which it was supplied on a pro rata basis, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Membership Services, for example, fitness and/or health status information; and/or
(c) you are in breach of these Terms and/or the Membership Rules.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for Membership Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw a Membership Service. We may write to you to let you know that we are going to stop providing a Membership Service or any part thereof. We will let you know at least 14 days in advance of our stopping the supply of the Membership Service, and will refund any sums you have paid in advance for Membership Services which will not be provided.
10.1 How to tell us about problems. If you have any questions or complaints about the Membership Services, please contact us. You can telephone our customer service team at 01484 937050 or write to us at contactR1DE@R1DE.co.uk. Alternatively, please speak to one of our staff.
10.2 Summary of your legal rights. We are under a legal duty to supply Membership Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Membership Services. Nothing in these Terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
In relation to Membership Services, the Consumer Rights Act 2015 says:
- you can ask us to provide you with additional Membership Services of equal type and/or duration if they have not been carried out with reasonable care and skill, or get some money back if we can’t do so.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a start time beforehand, access to the Membership Services must be provided within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11. FEES AND PAYMENTS
11.1 Where to find the price for the Membership Services. The Fee for the Membership Services you choose (which includes VAT) will be the Fee indicated on the Application Form on the Website. We take all reasonable care to ensure that the Fee for the Membership Services advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the Fee of the Membership Service you apply for.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of your Membership Application and the date we begin access to the Membership Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Membership Service in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the Fee wrong? It is always possible that, despite our reasonable efforts, Membership Services we offer may be incorrectly priced. We will normally check Fees before accepting your Membership Application so that, where the Membership Service’s correct Fee at the date of your Membership Application is less than our stated Fee at the date of your Application, we will charge the lower amount. If the Membership Application’s correct Fee at your Application date is higher than the Fee stated to you, we will contact you for your instructions before we accept your Application. If we accept and process your Application where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
(a) Pay as you R1DE Members may book R1DEs no more than 7 days in advance, and must pay the Fee on-line at the time of booking the R1DE.
(b) R1DE Monthly Members agree to join the Membership for a minimum term of 12 months, and further agree to pay the Fee on-line monthly in advance by Direct Debit.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank plc from time-to-time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Membership Service as summarised at Clause 10.2 and for defective services under the Consumer Protection Act 1987.
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Membership Services, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings? These Terms are governed by English law and you can bring legal proceedings in respect of the Membership Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Membership Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Membership Services in either the Northern Irish or the English courts.