‍OXBIKES TERMS OF USE AND HIRE

This page tells you the terms and conditions on which you may use our website whether as a visitor, buyer, seller or hirer and also set out the terms and conditions which apply if you hire a bicycle.

Please read these Terms carefully and make sure that you understand them before you start using OxBikes or hiring a bicycle. By using OxBikes, or by hiring a bicycle, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms please do not use OxBikes and do not hire a bicycle.

1. Definitions Used In These Terms

"Content" means the data, text, information, adverts, details, screen names, photographs, graphics, and all other material on OxBikes.
"Donated Bikes" means all bicycles that have been donated free of charge to OxBikes. 

"Hired Bikes" means all bicycles that have been hired by OxBikes to Registered Users.

"Items" means all bicycles and any other goods or services offered for sale that have been Posted on OxBikes, including Donated Bikes.

"Post" means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words "Posted" and "Posting" shall be interpreted accordingly.
"OxBikes" means both OxBikes Limited, company number 13861175, with its registered office at Valiant House, 12 Knoll Rise, Orpington, Kent BR6 0PG and the OxBikes website with the domain name oxbikes.co.uk, as the context requires.
"Registered User" means anyone who has an OxBikes account.

"Services" means all or any services provided by OxBikes including our on-line market place.
"Terms" means these Terms of Use and any documents to which they refer.

“we” or “us” means OxBikes.

“you” means the Registered User or anyone viewing the OxBikes website or otherwise using OxBikes or hiring a bicycle from OxBikes.

2. Using OxBikes

2.1 Other than in relation to Donated Bikes or Hired Bikes, OxBikes is only a venue. Sellers may list Items and buyers may find Items.

2.2  We are not responsible for contracts for the supply of goods, services or information formed through OxBikes (or as a result of visits made to OxBikes) between you and other OxBikes users.

2.3  Any contract, other than in relation to Donated Bikes or Hired Bikes, is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. OxBikes is not a party to the contract between the seller and buyer nor is OxBikes liable under it.

2.4  We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from sellers through OxBikes or, in the case of OxBikes itself in relation to Donated Bikes, or from companies to whose website we have provided a link on OxBikes. This does not affect your statutory rights against the third party seller or OxBikes in relation to Donated Bikes. Warranties in relation to Hired Bikes are set out below.

 

3. Registered Users

3.1  By becoming a Registered User, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

3.2  Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. We do not have to accept your application. We will act in accordance with the law when deciding whether or not to accept your application.

3.3 A contract, in relation to your use of OxBikes as a Registered User, will come into existence and these Terms shall become binding on you in respect of such use and us when you begin to use OxBikes as a Registered User.

 

4. Posting to OxBikes

4.1  You are solely responsible for your Content when using OxBikes. We are not responsible, or liable whatsoever, for the content or accuracy of any Content Posted by you or any other user of OxBikes.

4.2  Any Content you Post to OxBikes will be considered non-confidential and non-proprietary. By Posting Content you grant to us an irrevocable, worldwide, royalty free and sub- licensable licence and right to use, copy, distribute and disclose to third parties any such Post and Content for any purpose.

 

5. No Duty to Monitor or Moderate

5.1  We are under no duty to you to monitor or record the activity of any OxBikes user.

5.2  Content generated by Registered Users is not moderated.

5.3  We have the right (but not the obligation) to monitor any Posting or Content and we have the right to refuse, reclassify or remove any Post or edit any Content, for example (but without limitation) if, in our opinion, such material does not comply with our Terms or we are notified that it may be offensive, illegal or defamatory.

5.4  We assume no responsibility for the deletion of or failure to store any Content.

 

6. Other Users of OxBikes

6.1  You understand that by using OxBikes you may receive or be exposed to third party Content which you may find indecent, offensive or objectionable but you use OxBikes at your own risk and we are not responsible for such third party content.

6.2  You understand that we cannot verify the identity of users. This means that some users may not be who they say they are.

 

7. Third Party Rights Owners

7.1 We have the right to disclose your identity (and the relevant Content) to any third party who is claiming that your behaviour or any Content Posted or Item advertised is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third party's rights.

 

8. Intellectual Property Rights

8.1  We are the owner or the licensee of all intellectual property rights in OxBikes and in Content Posted on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2  You may print off one copy, and may download extracts, of any page(s) from OxBikes for your personal reference.

8.3  You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use Content separately from any accompanying text.

8.4  Our status (and that of any identified contributors) as the authors of Content on OxBikes must always be acknowledged.

8.5  You must not use any part of the Content on OxBikes for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6  If you print off, copy or download any part of OxBikes in breach of these terms of use, your right to use OxBikes will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

 

9. Linking to OxBikes

9.1  You may link to OxBikes, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.

9.2  OxBikes must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

 

10. Links from OxBikes

10.1 Where OxBikes 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

11. Viruses, Hacking and other Offences

11.1 You must not misuse OxBikes by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to OxBikes, the server on which OxBikes is stored or any server, computer or database connected to OxBikes. You must not attack OxBikes via a denial-of-service attack or a distributed denial-of service attack.

11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use OxBikes will cease immediately.

11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer Hired Bike, computer programs, data or other proprietary material due to your use of OxBikes or to your downloading of any material posted on it, or on any website linked to it.

 

12. Limitation of Liability

12.1 The material displayed on OxBikes (including without limitation Content and Posts) is provided without any guarantees, conditions or warranties as to its accuracy.

12.2 To the extent permitted by law, we hereby expressly exclude:

12.2.1  all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

12.2.2  any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with OxBikes or in connection with the use, inability to use, or results of the use of OxBikes, any websites linked to it and any materials posted on it, including any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

12.3 Nothing in these Terms limits or excludes our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter nor for any other liability which cannot be excluded or limited under applicable law.

12.4 Without prejudice to the general limits on our liability referred to above:

12.4.1  we are under no obligation to you to monitor or record the Postings, Content or other activities of users of OxBikes;

12.4.2  we do not assume any responsibility for the quality, safety or legality of Items;

12.4.3  we do not assume any responsibility for the truth or accuracy of any Postings or Content;

12.4.4  we make no promises, warranties or guarantees about your ability to buy or sell Items using OxBikes;

12.4.5  we are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.

 

13. No Reliance

13.1 Commentary and other materials posted on OxBikes are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to OxBikes, or by anyone who may be informed of any of its contents.

 

14. Events outside our Control

14.1 We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control

 

15. Interruption of Service

15.1 Access to OxBikes is permitted on a temporary basis. We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance) then we may do so without telling you first.

15.2 You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service.

 

16. Ending your Registration

16.1 We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address.

16.2  We may terminate your registration without notice if you breach our Terms.

16.3  On termination, your right to use the Services (other than your hire of a Hired Bike) shall immediately cease.

16.4  Termination will not affect either party's outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us.

 

17. Written Communications

17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using OxBikes, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

18. Entire Agreement

18.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

18.2 We each acknowledge that neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

 

19. Our Right to vary these Terms And Conditions

19.1  We have the right to revise and amend these terms and conditions from time to time.

19.2  We may revise these terms of use at any time by amending this page. You are

expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

 

20. Severance

20.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

21. Status

21.1 Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other.

 

22. Third Party Rights

22.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

23. Dispute Resolution

23.1 If any dispute arises out off or in connection with OxBikes, we will first attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated by CEDR.

 

24. Jurisdiction and Applicable Law

24.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to OxBikes although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

24.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Additional Terms relating to Hired Bikes

25     Application of Terms

25.1   The terms set out in this section, together with the terms set out above, shall apply where OxBikes hires a Hired Bike for you to use.

25.2   You agree to use the Hired Bike and a lock, if supplied, in accordance with these Terms.

26     Hire Period

26.1   The period you may use the Hired Bike (‘Hire Period’) shall start on the day the Hired Bike is available for collection and shall continue for the fixed term you choose when signing up (which shall be no longer than three months) unless your Hire Period is terminated earlier by either you or us in accordance with these Terms. 

26.2   If you choose to return your Hired Bike (and lock) before the end of the Hire Period, you will not be entitled for a refund and will be required to pay the Hire Charges for the full Hire Period.

27     Hire Charges

27.1   The cost of your Hire (‘Hire Charges’) shall be as stated when you sign up.

27.2   Your first Hire Charge will be collected on the day the Hired Bike is available for collection. Subsequent payments will be taken the same day of each following month until your Hire comes to an end as set out in these Terms.

27.3   Hire Charges, our charges for any loss of or damage caused to the Hired Bike (outside normal wear and tear) (‘Damage Fees’) and payments for any other items purchased via OxBikes will be charged using the credit or debit card details you provide to OxBikes. Cash payments are not accepted.

27.4   During the Hire Period, you agree not to cancel or otherwise prevent payments from being taken from your payment method without first telling OxBikes and providing an alternative payment method, from which OxBikes may collect the Hire Charges and Damage Fees.

27.5   You agree to allow OxBikes to collect from all due Hire Charges and any applicable Damage Fees from any payment method you have provided.

27.6   You agree that your Hire has recurring payments as explained below and that you are responsible to make those payments.

27.7   You remain responsible for all amounts owed to us under these Terms, and if a payment is not made for any reason, such as due to the expiration of your payment method, insufficient funds being available at the time that payment is due, or for any other reason whatsoever, we may arrange a collection of your Hired Bike and immediately cancel your Hire. You will still be liable for the outstanding payment. Your payment details are stored securely by a third-party payment provider used by us to allow recurring payments to be taken.

28     Delivery and Collection

28.1   Delivery of the Hired Bike shall be made by us to you to a location within OxBikes’s operating areas for you to collect. You will be told where the Hired Bike is located and given the code for the lock.

28.2   Collection by you shall be conclusive evidence that you have examined the Hired Bike and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended. 

29     Title And Risk

29.1   The Hired Bike and the lock shall at all times remain the property of OxBikes, and you shall have no right, title or interest in or to the Hired Bike or the lock at any time (save the right to possession and use of the Hired Bike and lock during the Hire Period subject to you complying with these Terms).

29.2   The risk of loss, theft, damage or destruction of the Hired Bike and lock shall pass to you on collection. The Hired Bike and lock shall remain at your sole risk during the Hire Period and any further time after your Hire expires during which the Hired Bike is in your possession, custody or control such as until we collect the Hired Bike (‘Risk Period’). During the Hire Period and any Risk Period, you shall be solely responsible for the care and maintenance of the Hired Bike and the lock.

29.3   You shall give immediate written notice to OxBikes in the event of any loss, accident or damage to the Hired Bike or the lock arising out of or in connection with your possession or use of the Hired Bike or the lock, and notify the police of any theft of the Hired Bike. 

29.4   In the event of any damage, once The Hired Bike is returned to OxBikes we will communicate any damage charges to you via email within 7 days. You shall have 7 days from when this communication is sent to dispute the damage before this is charged to your payment method.‍

30     Your Responsibilities as an OxBikes Rider

30.1   You shall during the Hire Period and Risk Period:

30.1.1 ensure that at all times that the Hired Bike and the lock are in your possession or control and keep the Hired Bike locked and secure when not being ridden by (i) parking your Hired Bike both legally and securely, (ii) using the lock provided by us, (iii) ensuring the lock is securely locked around the frame of the Hired Bike and attaching it to an immovable object, and (iv) all in accordance with any operating instructions provided by OxBikes from time to time;

30.1.2 maintain the Hired Bike in good and substantial repair in order to keep it in as good an operating condition as it was on the day it is delivered to you (fair wear and tear only excepted) including replacement of worn, damaged and lost parts with OxBikes approved parts at your expense;

30.1.3 make no alteration to the Hired Bike and not remove any existing component(s) or markings from the Hired Bike without the prior written consent of OxBikes;

30.1.4 not, without the prior written consent of OxBikes, (i) part with control or possession (except for the purposes of repair or maintenance), (ii) sell or offer for sale, (iii) underlet, or (iv) lend the Hired Bike;

30.1.5 not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of OxBikes in the Hired Bike, or bring OxBikes into disrepute;

30.1.6 not suffer or permit the Hired Bike to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process, but if the Hired Bike is so confiscated, seized or taken, you shall notify OxBikes straightaway and you shall at your sole cost and expense use your best endeavours to procure an immediate release of the Hired Bike and indemnify OxBikes on demand against any and all losses, costs, charges, damages and expenses incurred by OxBikes as a result;

30.1.7 not use the Hired Bike for any unlawful purpose;

30.1.8 check that the Hired Bike (including, without limitation, its tyres, brakes, saddle and bell) is roadworthy;

30.1.9 abide by the Highway Code including observing all traffic signs and signals;

30.1.10                use the Hired Bike reasonably, considerately and responsibly;

30.1.11                ensure that at all times the Hired Bike remains identifiable as being OxBikes' property and, wherever possible, you shall ensure that OxBikes's notice of ownership is attached to the Hired Bike;

30.1.12                deliver up the Hired Bike and the lock at the end of the Hire Period or on earlier termination of these Terms and allow OxBikes or its representatives access to any premises where the Hired Bike is located for the purpose of removing the Hired Bike; and

30.1.13                not do or permit to be done anything which could invalidate the insurances that OxBikes may have in place from time to time.

30.2   You acknowledge that OxBikes shall not be responsible for any loss of or damage to the Hired Bike arising out of or in connection with any negligence, misuse, mishandling of the Hired Bike or otherwise caused by you or any third party, and you undertake to indemnify and hold harmless OxBikes on demand against the same, and against any and all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with these Terms.

30.3   You agree to notify OxBikes immediately of any changes to your personal details including, but not limited to, your name, address, contact number and payment details.

31     OxBikes' Obligations

31.1   OxBikes warrants that the Hired Bike shall be of satisfactory quality and fit for hire at the time of delivery of the Hired Bike.

31.2   OxBikes shall use all reasonable endeavours to remedy, free of charge, any material defect in the Hired Bike which manifests itself during the Hire Period, provided that:

31.2.1 you notify OxBikes of any such defect in writing;

31.2.2 OxBikes is permitted to make a full examination of the alleged defect in the Hired Bike;

31.2.3 the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation of the Hired Bike by you or any other person other than OxBikes' authorised personnel; and

31.2.4 the defect is directly attributable to defective material or workmanship of the Hired Bike.

31.3   If OxBikes fails to remedy any material defect in the Hired Bike as provided above, OxBikes shall, at your written request, accept the return of the Hired Bike and the Hire Period shall come to an end on delivery to OxBikes with no further Hire Charges payable.

31.4   Other than as set out above, OxBikes shall not be responsible for providing any servicing, maintenance or repair of the Hired Bike.

31.5   If the Hired Bike is stolen, through no fault of yours and is secured using the lock provided by OxBikes, at its sole discretion OxBikes may make reasonable endeavours to deliver a replacement Hired Bike to you, provided that this is the first such theft of your Bicycle. If OxBikes chooses not to deliver a replacement Hired Bike, the Hire Period shall come to an end on delivery to OxBikes with no further Hire Charges payable.

32     Damage Fees

32.1   If you cause any loss or damage to the Hired Bike (in whole or in part), OxBikes shall be entitled to apply the Damage Fees against such loss or damage.

32.2   The amount charged as Damage Fees shall be a maximum of £125.

32.3   Damages that incur Damage Fees include, but are not limited, to:

32.3.1 dents to the Frame;

32.3.2 scratches down to the bare frame or scratches of more than three centimetres (3cm) in length;

32.3.3 buckled wheels or missing spokes;

32.3.4 broken or missing mudguards;

32.3.5 damaged to gearing system; and

32.3.6 ripped or missing saddle and /or seatpost. 

32.4   The amount charged as Damage Fees shall depend on the severity of the damage and will be communicated by OxBikes within 7 days of the Hired Bike being returned with payment taken 24 hours later.

33     Cancellation And Termination

33.1   Without affecting any other right or remedy available to it, OxBikes may terminate the Hire Period with immediate effect by giving you notice if you commit a material breach of any of these Terms which breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 15 days after being notified in by us writing to do so.

33.2   We will then arrange collection of the Hired Bike from you. If you fail to allow or make your Hired Bike available for collection, you will continue to be charged your Hire Charges for the use of the Hired Bike.

33.3   Upon termination, however caused:

33.3.1 OxBikes' consent to your possession of the Hired Bike shall terminate and OxBikes may, by its authorised representatives, without notice and at your expense, retake possession of the Hired Bike; and

33.3.2 you shall pay to OxBikes on demand any and all costs and expenses incurred by OxBikes in recovering the Hired Bike and/or in collecting any sums due under these terms (including, but not limited to, any storage, insurance, repair, transport, and legal costs).

33.4   Termination or expiry of the Hire Period shall not affect any rights, remedies, obligations or liabilities of you or us that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry.