- Cycle Culture is the trading name of Saini Cycle Limited and is owned and operated by Saini Cycle Limited (“We”, “Cycle Culture”, “our”, “us”). We are registered in England and Wales under company number 11687225 and our VAT number is GB324 763 303.
- Please read these Conditions carefully as they govern your access, attempts to access and use of Cycle Culture’s Services.
- Cycle Culture provides a studio, facilities and equipment to enable Members to attend indoor cycling classes, which potential customers can book in advance at their convenience where available.
- These Conditions tell you the rules for using our website www.cycleculture.co.uk (the “Website”) and our Services.
- By using Cycle Culture’s Services, including the Website, you accept these Conditions in full, along with all other rules, policies and procedures that are and may be published from time to time by Cycle Culture (together “Terms & Conditions”).
- If you do not understand, or do not agree to these Conditions you are not authorised to access or use the Website and our Services. Cycle Culture reserves the right to suspend or terminate your access to the Website and our Services at any time, without notice and without liability, if it reasonably determines that you have breached any of the Terms & Conditions.
- We reserve the right to change the Terms and Conditions at any time.
- To contact us, please e-mail email@example.com, or see the ‘Contact’ section on our Website.
- We may amend the Terms and Conditions from time to time. Every time you wish to use the Website, please check the Terms and Conditions to ensure you understand which Terms and Conditions that apply at that time. Any changes to the Terms and Conditions will be effective after the change is published on the Website. You should check the Terms and Conditions before each order as they may have changed since your last visit. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
- If you have any questions about the Terms and Conditions, the Services or this Website, please contact us using the contact details in the “Contact” section of the Website.
When the following words with capital letters are used in these Term and Conditions, this is what they mean:
“Booking Window” a period, as specified by us from time to time, leading up to 30 minutes prior to the start time of a Class.
“Class” any exercise Class or Classes provided by us or on our behalf at the Studios as part of the Services;
“Class Packs” Blocks of multiple Classes purchased through our Website as defined in clause 5.4;
“Class Pack Subscriptions” means a term contract to a Class Pack for the length specified in which the Member agrees to a pay a monthly direct debit for said Class Pack for the specified term of months that may not be cancelled without penalty
“Class Rules” any rules relating to the use of our Studios and any Classes being in force from time to time which you can see online;
“Cooling Off Period” has the meaning in clause 6;
“Conditions” the terms and conditions as set out in this document and as amended from time to time;
“Expiry Period” period of time from the Payment Date at which point Classes may no longer be used, such timescales being set out in clause 5.4;
“Goods” any goods offered for sale at any of our Studios;
“Instructors” any staff, consultants or agents running Classes or coordinating activities in the Studios on behalf of Cycle Culture;
“Joining Date” the date on which a User first signs up/register for Membership;
“Member” any User who has completed the online membership registration form and agreed to our Terms & Conditions and who may be a user of our Services;
“Membership” status attributable to a User who has signed up to a Membership Account and becomes a Member and who may purchase Classes and/or Class Packs and/or Class Pack Memberships online;
“Membership Account” the online membership platform through which a Member’s details are saved, facilitating access to Class bookings;
“Payment Date” means the date a Member purchases Classes or a Class Pack online and from which date the expiry period runs as set out in clause 5.4;
“Referral Program” is our scheme by which an existing User whom has previously purchased a Class or Class Pack may earn a free Class by referring a new User to our Studio whereby the free class is awarded when the new User purchases their first Class or Class Pack;
“Services” services available to you as a User via this Website, and to Members including the Classes, details of which can be found on the Website;
“Studios” our indoor studio, details of which as published on our Website from time to time;
“Unlimited Class Pack” a choice of the Classes available for booking by a Member via their Membership Account which once purchased entitles a Member to an unlimited number of classes for a period from the Payment Date as set out in clause 5.4;
“User” a user of this Website, or purchaser of Goods;
3. USERS OF OUR FACILITIES AND CLASSES
- All Users must be Members with active Membership Accounts before they can purchase any Classes.
- All Users must be 18 years of age to sign up for Membership and all Members must be at least 18 years of age to attend any Classes at the Studios.
- All Users must comply with COVID-19 related policies and procedures as required at the Studios. These policies and procedures will be posted and continually updated on the Website. We reserve the right to refuse service for Users who do not comply.
- Members agree that the use of the Studios is strictly limited to the duration of their scheduled Class and Members are prohibited from using the Studios outside of their scheduled Class.
- Members agree to follow instructions of Instructors at all times whilst at the Studios and during their use of the Services.
- Members agree to comply with our Class Rules details of which can be found at www.cycleculture.co.uk.
- Classes and/or Instructors are subject to change at any time and Members will be informed of this change via email, SMS, or by way of the Website.
- We reserve the right to refuse Member’s access to a Class if that Member is in breach of the Class Rules. That Member will not be entitled to any refund in such circumstances.
- We reserve the right to refuse Member’s access to the Studios and to suspend or terminate a Member’s use of the Services if we reasonably consider that the Member’s conduct is damaging to our reputation, is in breach of the Terms and Conditions, deliberately misuses our Services or if such refusal would otherwise be in the interests of other Members use of the Studios or Classes. The Member will not be entitled to any refund in such circumstances.
4. WAIVER AND RELEASE
- Please review the following clauses carefully. By signing up for a Membership Account and becoming a Member and being allowed to participate in and have access to the Classes, activities, other programs and use of Cycle Culture’s Studios, facilities and equipment, or Services, Members agree:-
- Members are aware there are inherent risks and dangers involved in participating in the Classes;
- If Members observe any hazard during participation in a Class or using a Service, they will bring it to the attention of the nearest Instructor or Cycle Culture employee or official immediately;
- Members accept and are aware that there are inherent risks associated with physical activity and participation in the Classes and using Services; for removal of doubt this includes the possible contraction of COVID-19 despite our strict safety protocols.
- Members are aware and accept some of these risks cannot be eliminated regardless of the care taken to avoid injuries;
- Members are aware the specific risks vary from one activity to another, but they range from minor injuries such as scratches, bruises and sprains; major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions; catastrophic injuries including paralysis and death and; continual or long-term exposure to amplified music carries risk of hearing damage;
- Members assume full responsibility for any and all injuries or damage which are sustained or aggravated by a Member as a result of their participation in the Classes and/or use of the Facilities and/or Services;
- Members hereby waive, release and forever discharge Cycle Culture, its Instructors, officers, agents, employees, ambassadors, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to their person or property resulting from their participation in the Classes and/or use of the Facilities;
- Members represent that they have no medical or physical condition which would prevent them from attending any of Cycle Culture’s Classes and/or put the Member in any physical or medical danger, and have not been instructed by a physician not to do so;
- Members hereby confirm they have read this Waiver and Release Clause and fully understand its terms and understand that they are giving up substantial rights, including their right to sue;
- Members acknowledge that they are signing this agreement freely and voluntarily and intend their signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
- The term of this clause 4 is indefinite.
- If in the opinion of Cycle Culture, a Member would be at physical risk by attending the Classes, the Member will be denied access to the Classes until they supply Cycle Culture with an opinion letter from their medical doctor, at the Member’s sole cost and expense, stating that concerns the Member would be at a physical risk are unfounded. Cycle Culture reserves the right to refuse service at its sole discretion.
- Our staff, agents and subcontractors are not medically qualified so if a Member has any doubts about their fitness or capability to exercise, we strongly recommend that the Member should get advice from a doctor first.
- Classes can be purchased by Users who have signed up to a Membership Account via our Website and have agreed to our Terms & Conditions.
- A single Class, Class Pack or Class Pack Subscription can only be purchased by a Member with an active Membership Account.
- Class Packs can be purchased by Members as bundles of Classes, at discounted rates, as set out in clause 5.4.
- Classes Packs purchased will expire after the applicable Expiry Period, as follows:
- if a single Class, 30 days from Purchase Date;
- if a Class Pack of 4 classes, 30 days from Purchase Date;
- if a Class Pack of 8 classes, 70 days from Purchase Date;
- if a Class Pack of 16 classes, 140 days from Purchase Date;
- if an Unlimited Class Pack – 2 weeks, 14 days from Purchase Date;
- if an Unlimited Class Pack – 30 days, 30 days from Purchase Date.
- if an Unlimited Class Pack – 3 months, 90 days from Purchase Date;
- Class Packs Memberships can be purchased by Members at discounted rates, as set out in clause 5.6.
- Classes Pack Memberships purchased will arrange for a monthly direct debit to be taken from the User for the number of months as specified by the product. Class Pack Memberships may not be cancelled following the Cooling Off Period.
- if a Class Pack Membership of 6 months minimum, cancellation may not occur until after 6 monthly direct debit payments have completed. In an extraordinary circumstance where an early cancellation takes place before the 6 monthly direct debit payments occur, a 1.5 month penalty will be collected. Should the early cancellation take place where less than 1.5 months remain, the remaining value of the contract will be collected.
- if a Class Pack Membership of 1 year minimum, cancellation may not occur until after 12 monthly direct debit payments have completed. For the avoidance of doubt, our Class Pack Memberships include our 4 class pack/month for £75/month with a 1 year minimum, our 8 class pack/month for £110/month with a 1 year minimum, our unlimited classes/month for £120/month with a 1 year minimum. In an extraordinary circumstance where an early cancellation takes place before the 12 monthly direct debit payments occur, a 3 month penalty will be collected. Should the early cancellation take place where less than 3 months remain, the remaining value of the contract will be collected.
- For the avoidance of doubt upon and from the end of the applicable Expiry Period, a Member will not be entitled to use an expired Class or Class Pack or Unlimited Class Pack. A Member will not be entitled to receive any refund in relation to any expired Classes.
- Users who choose Class Pack Membership will pay a monthly direct debit as specified. To stop direct debit payments after the agreed term, the User must contact firstname.lastname@example.org at least 14 days before the next payment is to be taken.
- From time to time, we may offer an introductory class or further discounts to our Class Packs with a different expiry date to those set out above. This will be made clear to Members at the time of purchase. The expiry date of any of the Classes cannot be extended, unless we in our discretion agree to do so in exceptional medical circumstances.
- Classes or Class Packs cannot be transferred to another person. This includes Classes which are earned via of our Referral Program.
- Subject to any statutory right of cancellation, payments for Classes or Class Packs are non-refundable unless otherwise stated in these Conditions.
6. COOLING OFF PERIOD
- Where a Member has purchased a single Class or Class Pack online, they have a legal right under the Customer Contracts Regulations 2015 to cancel within 14 days of when the date of the purchase is confirmed (Cooling Off Period).
- To cancel within the Cooling Off Period the Member shall contact our Studios in person.
- When cancelling within the Cooling Off Period, the Member’s refund will be allocated as follows: –
- where no classes have been attended, the full charge taken on the Purchase Date;
- where the Classes attended does not exceed 4, the full charge taken on the Purchase Date less the full value of any Classes (the full value of Class is our single class rate) used within the Cooling Off Period; or
- where the Classes attended exceeds 4, the full charge taken on the Purchase Date less the value of Classes used within the Cooling Off Period, to be calculated as if Classes and/or a Class Pack (as the case may be) has been purchased in accordance with clause 5.4.
7. BOOKING A CLASS
- Class prices and the prices of Class Packs are set out on the Website as shall be determined by Cycle Culture from time to time.
- Members can check availability and book Classes within the Booking Window online via our Website. When a Member books a Class they will be sent a single email with confirmation for each Class which has been booked.
- We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class. Further we reserve the right to amend and/or cancel Classes from our schedule temporarily or permanently at any time.
- If we cancel a Class, the Member will be awarded a a credit in their Class Pack unless otherwise stated. We will notify the Member via email, SMS or by way of the website.
- A Class may only be used by the Member who has purchased the class via their Membership Account. A Class may not be assigned or transferred to any other person. Classes earned via our Referral Program may not be passed to any other person.
8. CLASS CANCELLATION
- Subject to Condition 8.3 Members can cancel a Class no later than 3 hours prior to the start time of a Class and will be entitled to sign up for a replacement Class within the applicable Expiry Period.
- In the event that a Member does not cancel a Class within 3 hours of the start time and misses a class and attempts to rely on extenuating circumstances as the reason for missing the class it shall be at the sole discretion of Cycle Culture whether the Member may sign up for a replacement Class.
- A Class can only be cancelled online via a Member’s Membership Account on the Website.
- Upon signing up for Membership and agreeing to our Terms & Conditions we will email the Member within 24 hours confirming their Membership Account has been set up. The email will contain your username and password.
- The number of Memberships offered from time to time is subject to our discretion and we cannot guarantee their availability at any given time.
- We reserve the right to cancel an inactive Membership Account which has remained inactive for over one calendar year. For the avoidance of doubt a Membership Account will be deemed to be inactive if a Member does not book a Class online for a period of one year.
- We may at our sole discretion sell branded or non-branded Goods.
- We warrant that any Goods purchased with us shall:
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality.
- We shall replace any defective Goods (excluding plants) in full if:
- we are given reasonable opportunity of examining Goods; and
- the User returns such Goods to the Studio at which the Goods were purchased.
- We shall only offer credit vouchers/store credit refunds for Goods that are returned with a receipt, within a period of 7 days from purchase, but not defective. This clause excludes plants which are final sale and may not be returned.
- We shall not be liable to replace any defective Goods if:
- the default was caused by your incorrect use of the Goods;
- you alter or repair such Goods; or
- the default arises as a result of fair wear and tear, willful damage, negligence or abnormal working conditions.
- Subject to clause 10.5 if a Member or User changes their mind about any Goods purchased from us (excluding plants) they may return them to any of our Studios within 7 days with a receipt, and we will provide store credit up to the value of the Goods being returned. This does not affect Members’ and Users’ statutory rights as a Consumer.
- The price of our Goods shall be the prices set out in our Studios and are subject to change from time to time.
11. MEMBERSHIP ACCOUNT
- Certain areas of our Website are restricted to Members only and may only be accessed once a User has registered with us and has been issued with or have chosen a username and password to access their Membership Account.
- A Member must not create more than one Membership Account for themselves. A Member must not allow any other person to use their username, password or other login details. If a Member believes or suspects that someone else knows their login details they must contact us as soon as possible.
- We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion a Member has failed to comply with these Conditions.
- Members and Users shall not obtain or attempt to obtain unauthorised access to an area of the Website which is only accessible with a username and password other than that which has been identified as being available to a Member through the logins and passwords notified to the Member. Members and Users must not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
- We shall not be liable for any losses a Member suffers as a result of unauthorised access to their Membership Account until such time as the Member has informed us of unauthorised use or possible unauthorised use of their login details or of a breach of security.
- If a Member is accessing an area of our Website protected by a username and password to use the Services available through it otherwise than in the course of your business, the Member has certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Conditions.
12. INTELLECTUAL PROPERTY
- We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
- The trade marks, logos and trade names displayed on the Website are the property of Saini Cycle Limited. Members and Users are not permitted to download, copy, modify or use any trade marks, logos and trade names displayed on the Website without our prior written consent.
- We and our suppliers own the intellectual property rights in the software that runs the Website. Save to the extent expressly permitted by applicable laws, Members and Users must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
- Subject to Condition 22, we will compensate a Member for any loss or damage they may suffer if we fail to carry out our obligations under these Terms and Conditions to a reasonable standard or breach any duties imposed on us by law unless that failure is attributable to:
- A Member’s own fault;
- a third party unconnected with our obligations under these Conditions; or
- events which we could not have foreseen or forestalled, even if we had taken all reasonable care.
- Our liability to compensate a Member (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
14. DATA PROTECTION
15. PERSONAL BELONGINGS
- Members agree that we are in no way responsible for the safekeeping of their personal belongings while they are present in the Studio. Members assume all risk of loss for any of their personal belongings. Lockers may be provided to Members where available and any locker used by a Member is at the Member’s own risk.
- Members agree that, after a period of 1 month, unclaimed goods will be given to a charity of our choice.
16. ACCESSING OUR WEBSITE
- Our Website is made available free of charge.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our Website.
- You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
17. LINKING TO OUR WEBSITE
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Website in any website that is not owned by you.
- Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
- We reserve the right to withdraw linking permission without notice.
18. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources.
20. ENTIRE AGREEMENT
- These Conditions constitute the entire agreement between Users and Members and us in relation to the use of our Website and our Studios.
- We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon their posting being on the Website.
- If any of these Conditions are or become illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
23. RIGHTS OF THIRD PARTIES
- A person who is not a party to these Conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
- No waiver of any of the Terms and Conditions shall be valid unless provided in writing by us.
25. GOVERNING LAW AND JURISDICTION
- Any dispute arising between a Member or User and us in relation to these Conditions shall be governed by English law.
- All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if a Member/User is a resident of Northern Ireland they may also bring proceedings in Northern Ireland, and if a Member/User is a resident of Scotland, they may also bring proceedings in Scotland.
- Cycle Culture reserves the right to withdraw, vary or amend any promotion, discount or competition at any time.