PURCHASE TERMS & CONDITIONS
1.1 In these Terms and Conditions the following definitions apply:
“Class or Ride ” means a class provided by or on behalf of B.SPOKE at the Studio.
“B.SPOKE” means indoor cycling by York Recreation Limited t/a B.SPOKE indoor cycling.
“Guest” or “Rider” means any person that has completed a Registration Form which has been accepted by B.SPOKE.
“Registration Form” means the registration and/or application form completed by a guest or rider whether electronically or otherwise.
“Studio” means B.SPOKE Nottingham’s premier indoor cycling studio as published on the Website from time to time.
“Terms and Conditions” means these terms and conditions.
“Website” means www.bspokeindoorcycling.com
1.2 These Terms and Conditions are incorporated into the Registration Form and is subject to these Terms and Conditions as amended from time to time.
1.3 B.SPOKE reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studio and/or the conduct of riders and guests. Any such changes will be published on the Website and, until revoked, are binding on guests and riders.
2.1 Subject to condition 2.2, when a person has completed a Registration Form they shall become a guest or rider of B.SPOKE subject to these Terms and Conditions.
2.2 Acceptance of a person as a rider is in the absolute discretion of B.SPOKE
2.3 A person shall cease to be a guest or rider when they request their account to be deleted. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a guest or rider.
2.4 B.SPOKE reserves the right to expel from the Studio, suspend for a specific period, terminate the account of or refuse an account of any guest or rider Member whose conduct is or may be, in B.SPOKE’s reasonable opinion, damaging to the character of the Studio or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other guest and riders. They will not be entitled to a refund.
2.5 Details of prices of classes are available at the Studio or on the Website and shall be such prices as determined by B.SPOKE from time to time.
2.6 Subject to any statutory right of cancellation, payments for classes are non-refundable unless otherwise stated in these Terms and Conditions. Indoor cycling classes at B.SPOKE will be provided by the existing B.SPOKE Instructors. Guest or riders shall not be entitled to any compensation, including without limitation a refund or a replacement class, where a specific Instructor are not provided.
2.7 Any class credit must only be used by the person in whose name the account was purchased and breach of this condition will lead cancellation of the account.
2.8 B.SPOKE gifts or sells ‘introductory’ rides to new guests or riders and these shall strictly be limited to one purchase per customer. Should a guest or rider have already used the classes under the introductory offer then those taken classes shall be charged at the full rate for a single class.
2.9 The ‘Introductory’ ride cannot be shared and is only for use by the purchaser.
4.1 In consideration of B.SPOKE accepting a person as a guest or rider, that person agrees:
4.1.1 Neither B.SPOKE, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside the studio by a guest or rider unless such loss, damage or theft was caused by negligence of B.SPOKE, or its employees, agents or sub-contractors.
4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any B.SPOKE premises are left at the owners risk and B.SPOKE will accept no liability for loss, damage or theft in respect thereof, unless, such loss, damage or theft was caused by negligence of B.SPOKE or its employees, agents or sub-contractors.
4.1.3 Neither B.SPOKE, nor its employees or agents shall be liable for any death, personal injury or illness occurring at the B.SPOKE premises or as a result of the use of the facilities and/or equipment provided by B.SPOKE, except to the extent that such death, personal injury or illness arises from any negligent act or omission of B.SPOKE or its employees, agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the guest or riders responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in classes and to ensure that they correctly operate or use any facilities and/or equipment provided by B.SPOKE, including the adjustment of levels or settings on any equipment. If the rider is in any doubt as to how to correctly operate any equipment they should consult a member of staff before use.
4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto B.SPOKE premises is caused by the negligence of B.SPOKE or its employees, agents or sub-contractors, B.SPOKE liability shall be limited to £500 (for any one incident).
5.1 Classes may be booked online by guests or riders in advance via the Website.
5.2 Classes booked online via the Website can be cancelled up until 12 hours before the Class is scheduled to start.
5.3 If a rider arrives after the start time of the class (ride), unfortunately they will not be allowed entry into the class for any reason. This is to preserve the experience of all the other riders in the Class and make sure the member hears the pre-Class advice and questions for their safety. If a Member misses a ride in this fashion, they will be permitted to attend another class if there is availability.
Riders should check in 5 minutes before the start time of the class. If a rider is not checked-in 5 mins before the start time of a class and has not told the front of house team they’ll be arriving less than 5 mins before the start time (either by email or phone) then their bike may be given to anyone who is in studio and waiting to get into the class. If the rider has not confirmed their booking before the ride 5 minutes before the start time and their bike has been given away we will endeavour to place the rider on another free bike in the same class or should there not be one, we will get the member into the next class with availability if there is one.
5.4 If the online booking system shows that the class is full then the rider will be invited to join a waitlist. If the rider joins the waitlist and a place becomes available in the class, then the rider will automatically be added to the class until 12 hours before the class is scheduled to start.
5.5 If a rider is automatically added to a class then they will be sent an email confirming this. If a rider is allocated a class via the waitlist then these online booking conditions apply as if the rider had booked the class online in the first place. A rider can remove themselves from the waitlist via the Website.
5.6 In the event of a late cancellation or if a rider does not attend a Class that was booked online (including any class that was allocated via the waitlist) or does not sign in on time in accordance with condition 5.3 then this will be classified as a “no show”. In the event of a “no show” one credit will be deducted from that riders account.
6.1 A rider is entitled to use the Studios’ facilities provided that B,SPOKE may at any time withdraw all or part of its facilities or classes for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond its control.
7.1 Indoor cycling classes involve intensive exercise. Each rider agrees to familiarise themselves with what classes involve prior to assessing whether they are fit to participate in a class. Riders should refer to the Website or speak to a member of staff for further information.
7.2 Each rider warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the rider uses the Studio that the rider is in an appropriate physical condition to participate in classes and that the rider knows of no medical or other condition why the rider is not capable of engaging in the classes or exercises provided by B.SPOKE and that such classes or exercises would not be detrimental to the rider’s health, safety or physical condition.
7.3 B.SPOKE staff are not medically trained and are therefore not qualified to assess whether the rider or any guest is in appropriate physical condition and/or whether that the rider can engage in any exercise without detriment to the rider’s health, safety, comfort or physical condition.
7.4 Riders are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. B.SPOKE reserves the right to refuse access to any rider if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of B.SPOKE’s facilities.
7.5 Riders shall not use B.SPOKE’s facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other riders. If there is any doubt, riders should consult their doctor and must notify B.SPOKE of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
7.6 Riders are required to follow the instructions of the instructor at all times.
8.1 Riders are requested to wear a form of dress appropriate to an indoor cycling class. In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. No pets (with the exception of guide dogs) are permitted in the studio buildings or grounds. guest must use the main entrance to the studio when entering or leaving the studio. Fire exits, which are clearly marked, are there in the interests of safety and guest must not interfere with these doors for any reason.
8.2 In the event of a fire, guest are asked to make their way to the nearest available exit.
8.3 Smoking is not allowed in the studio.
9.1 Details of class times at the studio may vary from time to time and are published on the Website. B.SPOKE reserves the right to change class times or cancel classes at its discretion, and will endeavour to give riders and guest notice of such changes as is reasonably practicable.
9.2 At all times riders and guests must observe B.SPOKE’S guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the studio may issue to ensure the safety of the riders and the smooth operation of the studios for the convenience of all rides.
9.3 Riders and guests consent to having their photograph taken by B.SPOKE at any time whilst using the B.SPOKE facilities and B.SPOKE reserves the right to use any such individual or group photographs of riders and/or guests for press or promotional purposes. If a person specifically does not want their photograph used for such purposes then they must notify B.SPOKE in writing.
9.4 Riders are required to give written notice to B.SPOKE of any change of address or email.
9.5 B.SPOKE may communicate with the riders and guests by email. By providing an email address to B.SPOKE the person consents to receiving email communications from B.SPOKE, including notices pursuant to these Terms and Conditions. The rider or guest also accepts the risk that email may not be a secure and confidential means of communication. B.SPOKE will not be liable for any loss or damage suffered as a result of communicating with a rider or guest by email.
9.6 B.SPOKE reserves the right to refuse admission to the Studios.
9.7 B.SPOKE may assign the benefit of the Registration Form and a riders contact details to a third party at any time without notice to the rider.
9.8 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Form.
These Terms and Conditions and any disputes arising from them shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
10.1 By registering an account at www.bspokeindoorcycling.com , you acknowledge to receiving marketing communications via email/phone.
10.2 We will retain your information until we receive instruction to remove your B.SPOKE account.
TERMS & CONDITIONS – GENERAL & WEB USAGE
“Account” means collectively the personal information, Payment Information and credentials used by Registered Users to access Paid Content and / or any communications System on the Web Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“B.SPOKE” means York Recreation Ltd. c/o The Barns, St Anne’s Manor, Hungary Lane, Sutton Bonington, Nottinghamshire, LE12 5NB.
“Service” means collectively any online facilities, tools, services or information that B.SPOKE makes available through the Web Site either now or in the future;
“Services” means the services available to you through this Web Site, specifically indoor cycling and fitness classes, etc.
“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our places of business located at Ground Floor, 22-26 Carrington Street, Nottingham, NG1 7FF.
“System” means any online communications infrastructure that B.SPOKE makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” /”Registered Users” means any third party that accesses the Web Site and is not employed by B.SPOKE and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.bspokeindoorcycling.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
These Terms and Conditions also apply to customers procuring Services in the course of business.
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of B.SPOKE, our affiliates or other relevant third parties.
By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by B.SPOKE
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier. Fair Use of Intellectual Property Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of B.SPOKE or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.6 You must not impersonate other people, particularly employees and representatives of B.SPOKE or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that B.SPOKE reserves the right to monitor any and all communications made to us or using our System.
10.1 In order to procure Services on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. B.SPOKE accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact B.SPOKE immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, [B.SPOKE accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information] OR [B.SPOKE will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment].
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11.1 Either B.SPOKE or you may terminate your Account. If B.SPOKE terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If B.SPOKE terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
11.3 B.SPOKE reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
11.4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
11.5 If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
12.1 Whilst every effort has been made to ensure that all descriptions of Services available from B.SPOKE correspond to the actual Services, B.SPOKE is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.
12.2 Where appropriate, you may be required to select the required package of Services.
12.3 B.SPOKE does not represent or warrant that such Services will be available. Availability indications are provided on the Web Site however these may not take into account orders that have taken place during your visit to the website.
12.4 All pricing information on the Web Site is correct at the time of going online. B.SPOKE reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every as appropriate.
12.5 In the event that prices are changed during the period between an order being placed for Services and B.SPOKE processing that order and taking payment, [you will be contacted prior to your order being processed with details of the new price] OR [provision of Services shall commence as per your order and you will be charged the original price].
12.6 All prices on the Web Site do include VAT. B.SPOKE’S VAT number is
13.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
13.2 B.SPOKE shall use its best endeavours to provide the Services with reasonable skill and care.
13.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. B.SPOKE will ensure that any necessary corrections to the Services provided are made within 7 working days.
13.5 B.SPOKE reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.5.1 Any use or enjoyment that you may have already derived from the Services;
13.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of B.SPOKE. Such discretion to be exercised only within the confines of the law.
15.1 B.SPOKE makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16.0 Changes to the Service and these Terms and Conditions
16.1 B.SPOKE reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If B.SPOKE is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18.Limitation of Liability
18.1 To the maximum extent permitted by law, B.SPOKE accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts B.SPOKE’s liability for death or personal injury resulting from any negligence or fraud on the part of B.SPOKE.
18.3 Nothing in these Terms and Conditions excludes or restricts B.SPOKE’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. Notices All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. Law and Jurisdiction These terms and conditions and the relationship between you and B.SPOKE shall be governed by and construed in accordance with the Law of England and Wales and B.SPOKE! and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
York Recreation Limited / Company Number: 07628787 / VAT No: 329 1952 84