Terms and conditions

Velo2Velo User Agreement / Terms and Conditions 

Version 4 - 11 October 2024

1. Introduction

Welcome to Velo2Velo. By accessing or using www.velo2velo.co.uk, www.ebike-finder.co.uk, www.CycleScout.co.uk, or any related websites, services, applications, or tools provided by Velo2Velo Limited, you agree to these Terms and Conditions.

These Terms apply to all users, including browsers, vendors, customers, and content contributors.

For the purposes of this agreement, 'Velo2Velo' refers to Velo2Velo Limited (registered in England and Wales, company number 13383597) and all associated websites, services, applications, and tools operated under the Velo2Velo brand or affiliated brands, including Velo2Velo.co.uk, e-bikefinder.co.uk, and CycleScout.co.uk.

These Terms of Use constitute a legally binding agreement between you and Velo2Velo Limited, effective as of 11th October 2024.

2. Definitions

For the purpose of these Terms, the following definitions apply:

Velo2Velo: Refers collectively to Velo2Velo Ltd, Velo2Velo.co.uk, and all associated services, including e-bikefinder.co.uk and cyclescout.co.uk.

e-bikefinder.co.uk: A service operated by Velo2Velo Ltd that assists potential buyers in finding deals on e-bikes based on their preferences.

cyclescout.co.uk: A service operated by Velo2Velo Ltd that connects potential buyers with relevant offers from its network based on specified bike requirements.

User: Any person or entity accessing, browsing, or using the platform, including registered members, vendors, customers, and contributors of content.

Content: Any material, including text, images, videos, and other data, posted or submitted on the platform by users.

Transaction: Any interaction, exchange, sale, or purchase conducted between users on the platform.

Service: The online platform, tools, and any additional services provided by Velo2Velo, including websites, applications, or features.

Platform: Refers to Velo2Velo, including all associated websites, services, applications, and tools.

Account: A registered profile on the platform that allows users to participate in activities, access services, or conduct transactions.

Vendor: Any user who sells or lists products, goods, or services on the platform.

Customer: Any user who purchases or acquires products, goods, or services from a vendor on the platform.

Terms: Refers to the terms and conditions set out in this agreement, which govern the use of the platform.

Agreement: The legally binding contract established between Velo2Velo and the user by agreeing to the Terms.

Third-Party Service: Any tool, application, service, or content offered by a provider other than Velo2Velo.

Personal Data: Any information relating to an identifiable individual that is collected, processed, or stored by Velo2Velo in connection with the platform.

Fees: Any charges or payments required for using certain features or services on the platform.

Intellectual Property: Copyrights, trademarks, patents, or other proprietary rights associated with the content on the platform or services offered by Velo2Velo.

Notice: Any form of official communication, update, or announcement made by Velo2Velo regarding changes to the Terms or platform.

Liability: Legal responsibility for damages, claims, or losses incurred in connection with the use of the platform.

3. Using Velo2Velo

As a User you agree that you will not:

Violate any laws or regulations;

Post any content unless you have the necessary rights or permissions to do so;

Post any threatening, abusive, defamatory, obscene, or indecent material;

Post or otherwise communicate any false or misleading material or message of any kind;

Infringe any third-party rights, including intellectual property rights such as copyrights, trademarks, or other proprietary rights;

Distribute spam, conduct phishing or any form of unauthorised solicitation and/or promote pyramid schemes;

Use any robot spider, scraper, or other automated means to access Velo2Velo and collect content for any purpose without our express written permission;

Distribute viruses or any other technologies that may harm Velo2Velo or the interests or property of Velo2Velo users;

Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Velo2Velo;

Copy, modify, or distribute any other person's content without their consent;

Harvest or otherwise collect information about others, including email addresses, without their consent;

Bypass measures used to prevent or restrict access to Velo2Velo;

Sell any counterfeit items or otherwise infringe upon the intellectual property rights of third parties.

Users are solely responsible for the information that you submit to Velo2Velo and any consequences that may result from your advert, message, or other communication. 

Users shall not engage in any fraudulent activities, including misrepresenting products or services, or manipulating reviews. Users are also responsible for ensuring that all information provided is accurate, complete, and not misleading.

Users must ensure that any items listed for sale comply with all applicable safety standards and regulations. Products that pose a risk of injury, or are deemed unsafe, must not be listed on the platform. Users are prohibited from listing stolen property or items of suspicious origin. 

Velo2Velo reserves the right, at our discretion, to require proof of ownership for items listed on the platform, particularly for high-value products or suspicious listings.

Velo2Velo provides the platform for user-generated content, it is not responsible for verifying the safety, legality, or ownership of items listed. Users engage in transactions at their own risk, with the understanding that they must comply with all applicable laws.

Users are encouraged to report any unsafe or concerning activity and listings. 

We reserve the right, at our discretion and based on reasonable grounds, to refuse or delete content that we believe is inappropriate or breaches these Terms of Use.

We also reserve the right, at our discretion, to restrict a user's usage of Velo2Velo either temporarily or permanently if we believe that the user is in breach of these Terms of Use or engaging in suspicious or inappropriate behavior. 

If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Velo2Velo, we may, at our discretion, inform other Velo2Velo users that have been in contact with you and recommend that they exercise caution.

4. Abuse of Velo2Velo

We are committed to maintaining a safe and respectful platform. If you encounter inappropriate behavior or content, please report it to us via the contact forms available on the platform or, where available, by using the designated reporting tools.

We reserve the right, at our discretion, to investigate reports and take appropriate action, including:

Account Suspension: Temporary or permanent suspension of your account.

Content Removal: Removal of any content that violates our policies.

Account Restrictions: Limiting your access to certain features of the platform.

Legal Action: Where necessary, we may take legal action or report the matter to law enforcement.

We may take these actions based on our discretion and suspicion of violations, even without receiving a formal report.

5. Fees and Services

Using Velo2Velo for the general public is free; however, certain paid services may incur fees. All fees will be clearly communicated before they are applied, allowing you to review and accept the terms associated with these services before proceeding.

Velo2Velo reserves the right to modify, discontinue, or change any aspect of the services, including prices, at any time. While we will strive to provide notice to users where feasible, we are not obligated to do so. Changes may include the introduction of charges for previously free features. 

If a user does not agree to new charges or changes, Velo2Velo reserves the right to limit access to, suspend, or terminate the user's account or services. Such changes will not affect services or transactions that have already been completed before the change.

Some paid services may have age restrictions, and users will be required to agree to separate terms and conditions as part of the transaction process. Velo2Velo reserves the right to amend its fees at any time with appropriate notice provided. If users do not accept the new terms, Velo2Velo reserves the right to suspend or terminate the user's access.

6. Intellectual Property Rights and Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design, and trademark (e.g., offering counterfeit items for sale). If you become aware of any infringements, please use the support form to contact us and notify us.

User-Generated Content: By uploading content to the platform, users grant Velo2Velo a non-exclusive, royalty-free license to use, display, distribute, and modify the content for the purpose of operating, promoting, and improving the services.

Platform Content: All content provided by Velo2Velo, including text, images, trademarks, and software, remains the property of Velo2Velo or its licensors and is protected by copyright and other intellectual property laws. Users may not reproduce, distribute, or create derivative works from Velo2Velo content without prior written consent.

Data and User Activity: Velo2Velo reserves the right to collect, analyse, and use data derived from user activity on the platform, including but not limited to transaction history, listings, and user interactions. This data may be used to develop new services, improve existing offerings, or for commercial purposes, such as sharing aggregated insights with industry partners. Users acknowledge and agree that they have no ownership rights in such data

7. Liability

To the fullest extent permitted by law, Velo2Velo disclaims liability for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, goodwill, data, or any other intangible losses arising from:

User-generated content or conduct on the platform.

Transaction disputes between users, including the sale, purchase, or exchange of goods.

The quality, condition, legality, or safety of items listed or sold.

Velo2Velo, its directors, shareholders, employees, partners, suppliers, and affiliates shall not be liable for claims, damages, or losses related to the sale, purchase, or use of items on the platform, including those that may be unsafe, illegal, stolen, untested, or non-compliant with laws or safety standards.

The platform is provided "as is" and "as available" without warranties, express or implied. Velo2Velo does not guarantee the accuracy, legality, safety, or quality of user-generated content or third-party services. Users engage with the platform and its services at their own risk.

Velo2Velo solely provides a platform for listing and viewing user-generated content. 

Transactions occur directly between users, with no involvement in the transaction process. We disclaim liability for transaction outcomes, including payment, delivery, or item condition.

We also disclaim liability for third-party services such as shipping, payment processing, or verification, and do not assume responsibility for the quality or results of such services.

Velo2Velo does not guarantee continuous, error-free, or secure platform operation. We disclaim liability for any interruptions, delays, or technical issues, including those due to maintenance or external factors.

For services provided through e-bikefinder.co.uk and cyclescout.co.uk, Velo2Velo Ltd shall not be held liable for any claims, losses, damages, or disputes arising from the transactions facilitated. Users engage in these transactions at their own risk, and it is the user's responsibility to conduct due diligence before entering into any agreement.

Velo2Velo may introduce new services, either directly or through third parties. Unless explicitly stated, we do not endorse or guarantee the quality or suitability of third-party services. 

Velo2Velo disclaims liability for disputes, damages, or losses arising from these services, and users assume all risk when using them. Any disputes must be resolved directly with the third-party provider.

8. Release

If you have a dispute with one or more Velo2Velo users, you release us (and our officers, directors, and employees) from any and all claims, demands, and damages of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

9. Third-Party Rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms of Use, but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

10. Data Protection and Privacy

By using Velo2Velo, you agree to the collection, transfer, storage, and use of your personal information in accordance with GDPR and other applicable data protection regulations. If your personal data is transferred outside of the European Economic Area (EEA), Velo2Velo will ensure that appropriate safeguards are in place to protect your data, such as Standard Contractual Clauses or other legally approved mechanisms.

You and Velo2Velo shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will Velo2Velo and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. 

You shall process personal data received from Velo2Velo exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide by the aforementioned obligations may result in disciplinary action as outlined in section 4.

11. Third Parties and Partners

Velo2Velo may provide access to tools, services, or content offered by third parties, including partners. These third-party services are provided on an 'as is' and 'as available' basis, without warranties or endorsements from Velo2Velo. While we may collaborate with partners to enhance user experience, Velo2Velo is not responsible for any issues, damages, or disputes that arise from the use of third-party services. Users should review the terms and conditions of any third-party services before using them."

This revision acknowledges that partners are considered third parties and clarifies that Velo2Velo is not liable for their services

12. Resolution of Disputes

If a dispute arises between you and Velo2Velo, we encourage you to first contact us directly to seek resolution. We may consider alternative dispute resolution methods, such as mediation or arbitration. Any such resolution will be non-binding unless both parties agree in writing otherwise. Litigation should be a last resort after alternative dispute resolution methods have been exhausted. The costs of mediation or arbitration will be shared equally between the parties, unless otherwise agreed in writing.

13. General

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Velo2Velo Limited must be resolved by the courts of England and Wales. You and Velo2Velo both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Velo2Velo both agree to submit to the jurisdiction of the County Court of Buckinghamshire.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall continue in full force and effect.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this Agreement in our sole discretion in accordance with the notice provision below.

Velo2Velo reserves the right to update or amend these Terms of Service at any time, at its sole discretion. It is the user's responsibility to review the Terms regularly. Continued use of the platform following any changes constitutes acceptance of the updated Terms. No other amendment to this Agreement will be effective unless made in writing, signed by users and by us.