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Terms of service

Thank you for your interest in participating in our Trial.

We are making a small number of bicycles (the Bikes) available for hire on a trial basis by individual users who all work for businesses located at Perseverance Works. The Bikes will feature our cycle tracking technology which we have developed and a mobile application (the App) we have developed for our bike share scheme. If you would like to join our trial, you will need to download and install the App on your mobile device.

This document sets out the terms upon which we will run the Trial and tells you what data we will be collecting from you and how we will use that data. By registering with us for the Trial and downloading, installing and using the App, you agree:

  1. to be bound by these Terms of Service; and
  2. that we may collect, use and process the Data described below for the purposes set out in these Terms of Service.

  1. Key aspects

    1. This is a trial service. We can change, extend, reduce the time of, suspend or withdraw the Trial at any time without prior notice and without payment of any compensation to you.
    2. Participation in the Trial is free but we do not make any Service guarantees.
    3. To join the Trial, you will need to provide your full name and contact mobile telephone number at registration. You will be sent a link to the App download from which you can then install the App on your mobile device. You are responsible for all network connection fees associated with downloading and using the App.
    4. Please look after your Bike. You are responsible for its safekeeping. If you cause damage to the Bike, you will have to pay for the damage. If there is a problem with the Bike or you notice some damage to it, you must not use it. Please report damage and faults to us immediately though the App or by email to us at @hello@secretcycles.cc.
    5. You must return your Bike to Perseverance Works at the end of each rental.
    6. We grant you a limited, non-exclusive, personal, non-transferable, non-sub-licensable, licence to access and use the App in connection with the use of our Service for so long as we run the Trial. All other rights are reserved by us exclusively.
    7. By registering you warrant that: (a) you are at least 18 years old; and (b) you will not permit anyone else to use our Service using the App that has been downloaded by you.
    8. The Bike may not be used for any commercial purpose

  2. Data Consents

    1. By providing your name and email on registration you consent to us:
      1. using that information to provide you with our Service;
      2. inviting you to give feedback surveys and to participate in user groups; to respond to feedback and other comments we receive from you and otherwise to communicate with you with regard to our Service.
    2. The Bikes use GPS technology to track the Bike's location during each period of your hire. Only you will be able to see the routes and locations you have been to via the App. We will keep this data secure on cloud servers and will not share your location data with anyone else. It will be possible for us to associate location data with the user who has hired the Bike. This is important for us to be able to make contact with you if, for example, we lose connection with the Bike and need to ascertain its location.
    3. At the end of the Trial or, if earlier should you decide to terminate your participation in the Trial by notifying us that you have deleted the App, we will delete your personal data except that we may retain location data which we have recorded, in a suitably anonymised form so that it can no longer be used, either on its own or in combination with other data, to identify you or be associated with you, for the purposes of continuing to develop our products and services, as well as feedback, survey and other comments and responses you have provided to us during the Trial.

  3. Assumption of Risks, Releases and Disclaimers

    1. Our Service is provided 'as is' without warranty or guarantee of any kind. We do not guarantee that the App will work with any mobile device nor that it is or will be error-free or uninterrupted.
    2. Bikes are hired by you entirely at your own risk. It is your responsibility to check the Bike before you rider it and satisfy yourself that it is in good working order. The Bikes are provided 'as is' without any warranty of any kind
    3. Cycling may be hazardous. You accept that cycling involves risks to the rider and to other road users including pedestrians and that you may suffer injury, disability, paralysis or even death as a result of your own actions or those of others (including negligence) as well as other factors such as road conditions or weather conditions.
    4. In hiring a Bike you confirm that you: (a) are a competent cyclist and that you will not use the Bike to learn to cycle; (b) are responsible for obtaining a helmet and other protective gear (although you accept that such measures will not eliminate the risk of serious injury or death); (c) will comply with all laws applicable to your use of roads and other highways; (d) are fit, both physically and mentally, to ride the Bike and are not subject to any physical impairment which may impede the safe and proper operation of the Bike; and (e) are not under the influence of drugs, alcohol or medicines that may impair your safe and proper operation of the Bike.
    5. We do not insure your use of the Bike nor do we insure you against the risk of personal injury, damage to property, injury to others or any other liability, loss, damage, cost or expense you may suffer or incur.
    6. In consideration of us making the Service available to you, to the maximum extent permitted by law, you irrevocably release us and our officers and employees from all claims and liabilities whether for personal injury or property damage or death (whether related to you or any third party) arising from your rental, use or operation of a Bike.
    7. Nothing above limits your statutory rights as a consumer which cannot be limited or excluded by applicable law.

  4. Law and Disputes

    1. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the agreement between you and us, its subject matter or formation.

Who we are?

We are Smidsy Limited which trades as Beryl, Unit 6, The Hangar, Perseverance Works, 38 Kingsland Road, London, United Kingdom, E2 8DD, company registration no. 07831245).

Customer Support Details:

0203 3003 5044

hello@secretcycles.cc