Secure parking for the cyclist

Please read these terms carefully before you register with us.

The Yellow Bike Company Ltd (Yellowbike) is a company registered with company number: 6922927 with its registered office at Highland House, Mayflower Close, Chandlers Ford, Eastleigh SO53 4AR

Yellowbike hires (free of charge to You) secure Clamp-IT Bike Lock Clamp-IT units for pedal and electric bikes. As part of the Clamp-IT registration process, You have been asked to consent that You have read and accepted these terms and conditions. Once you have consented on registration, you will not be asked again; your consent will indicate continued acceptance until you cancel that consent. If there are any changes to the current version of these terms and conditions, we will contact you and ask you to accept the new terms.

Some key points for you to note:

A. Words starting with a capital letter have the meanings given in clause 1.

B. Use of a Clamp-IT Clamp-IT unit is limited to a period of hire as described within these Terms and Conditions.

C. The contract created by these Terms and Conditions commences each and every time You hire a Clamp-IT Clamp-IT unit and ends each and every time You dehire the Clamp-IT Clamp-IT unit. A separate contract will be created each time you wish to Hire a Clamp-IT unit.

Once a Clamp-IT unit is Hired, it can be Dehired by You at any time without penalty (subject to the maximum Period of Hire referred to in clause 10 below)

However, You shall remain liable for any charges or liabilities incurred payable by You under these terms and conditions and any clauses relating to payments, indemnities and damages shall survive the Dehiring/end of the duration of the contract.

D. Whilst Yellowbike intend for the Clamp-IT units to be available all year, seven days a week without interruption, the availability of Clamp-IT units may be affected by events outside of our control and we will not be liable to You if this happens.

E. The ability for You to Hire a Clamp-IT unit will be subject to availability. You will need to use our app and follow the instructions in order to find and hire a Clamp-IT unit.

F. If you damage a Clamp-IT unit or a Stand then we may charge you for the cost of repair as set out in these terms and conditions.

G. Whilst no charge is made to You for the Hire of a Clamp-IT unit, You may be liable for other costs and charges under terms of this contract. In the event of damage please make sure that you read and understand clauses 18, 26, 27, 28 and 29 of these terms and conditions.

Definitions

1. In these terms and conditions the following definitions and rules of interpretation apply:

Bike: a pedal or electric bicycle Community Administrator: the person or persons nominated from time to time by the owner of the Stand for the purpose of representing the owner’s interests.

Closed Community: the person or persons nominated by the purchaser of the Clamp-IT units to benefit from their use ie university students, hospital staff or employees of a business.

Dehire: the unlocking of the shutter door on a Clamp-IT unit in accordance with the instructions relating to the Clamp-IT unit (and ‘Dehired’ and ‘Dehiring’ shall be interpreted accordingly).

Hired: the locking of the shutter door on a Clamp-IT unit in accordance with the instructions relating to the Clamp-IT unit (and ‘Hire’ and ‘Hiring’ shall be interpreted accordingly).

Period of Hire: the period from the time that the Clamp-IT unit is Hired until the time that it is Dehired.

Theft Protection Offer: this refers to the offer set out in clause 6)

Stand: a Sheffield stand to which a Clamp-IT unit is attached.

Website: www.Yellowbike.biz

You: the person who has registered on the app and in doing so has accepted these terms and conditions (and the word Your shall be interpreted accordingly).

TERMINATION

2. Yellowbike may terminate this agreement at any time upon notice by email to You.

3. You may terminate this agreement at any time before Hiring a Clamp-IT unit by:

a) notice by email to Yellowbike or

b) by completing and returning the model cancellation form that is available to You here; or

c) if you have already Hired a Clamp-IT unit after agreeing to these terms and conditions, by Dehiring the Clamp-IT unit.

4. Notwithstanding termination, You shall remain liable for any charges or liabilities incurred or payable by You under these terms and conditions and this clause and any clauses relating to payments, indemnities and damages shall survive termination.

AVAILABILITY OF CLAMP-IT UNITS

5. Yellowbike does not guarantee that a Clamp-IT unit will be available for Hire at the time(s) required by You. It is Your responsibility to use the app to identify an available Clamp-IT unit. Yellowbike shall not be liable for any losses in the event that a Clamp-IT unit is or becomes unavailable for any reason before You are able to Hire it.

STOLEN BIKES AND THEFT PROTECTION OFFER

6. Subject to You having complied with clause 15, in the event that Your Bike is stolen as a result of the malicious or unintended opening or breaking of that Clamp-IT unit by force, Yellowbike will pay You the lesser of the following:-

a) The base cost of Your Bike that has been stolen excluding tax and accessories up to a maximum of £200; or

b) any insurance deductible paid by You up to a maximum of £200

PROVIDED THAT Yellowbike shall only make any payment to You under this clause if:

i) the Bike in respect of which a claim is made was stolen less than 12 hours after the Clamp-IT unit was locked; and

ii) the Bike is stolen as a result of any defects of a Clamp-IT unit.

iii) You notify Yellowbike of the theft within 24 hours of the theft occurring and provide Yellowbike with:

(1) Your preferred contact details

(2) the number of the Clamp-IT unit from which the Bike was stolen;

(3) the date of the incident

(4) Details of the BIke, including vehicle type, base cost and serial number;

(5) An itemized copy of the bill of sale; and

(6) An image of the Bike that has been stolen

(7) The crime number

iv) in the event of an insurance deductible being claimed, You must provide Yellowbike with confirmation from Your insurance company of the payment made by You

7. Yellowbike accepts no responsibility for damage to or loss of parts (such as, but not limited to, saddles and accessories) from Bikes.

8. Yellowbike accepts no responsibility for anything that is attached to or left with a Bike.

9. You acknowledge that Yellowbike do not own the Stands and accept no responsibility for thefts or losses arising from any defects in or damage to Stands.

REMOVAL OF BIKE

10. In the event that You do not Dehire a Clamp-IT unit within 72 hours of the Clamp-IT unit being Hired, Yellowbike may demand that You Dehire the Clamp-IT unit by email or text to You using the email address and/or mobile number provided by You when registering on the App.

11. If, within 24 hours of a notification pursuant to clause 10, You have not Dehired the Clamp-IT unit, Yellowbike may remotely Dehire the Clamp-IT unit and secure the bike elsewhere pending Your collection.

OBLIGATIONS OF YOU

12. You are over 14 years of age.

13. You shall only use Clamp-IT units for the purpose for which they were designed and in compliance with these Terms and Conditions. You must follow all instructions relating to the use of Clamp-IT units which are from time-to-time added to the app and/or on the Clamp-IT units themselves. Yellowbike accepts no responsibility in respect of any Bike where You have not complied with this clause.

14. By hiring a Clamp-IT unit, you verify that the details we hold for you remain unchanged.

15. If the Stand is located in a dedicated closed commClamp-IT unity (ie university, college, private sector business, Hospital staff) You must ensure that You have the permission of the CommClamp-IT unity Administrator who will have approved Your registration with Yellowbike in respect of that location. Failure to gain such approval will render You unable to use the system and Yellowbike shall not be liable for any losses arising from You failing to obtain the necessary approval.

16. Prior to Hiring any Clamp-IT unit, You must undertake a visible check of the Stand to ensure that there are no obvious signs of disrepair. The Hiring of a Clamp-IT unit by You signifies that You have visibly checked the condition of the Clamp-IT unit and the Stand prior to Hiring.

17. If at any time during the Hire Period You are aware that the Stand or the Clamp-IT unit appears to be defective or unsafe, You must:

a) immediately Dehire the Clamp-IT unit and

b) notify the Community Administrator (if there is one) and

c) notify Yellowbike via email to info@yellowbike.biz

18. You agree to pay all fees or fines incurred during or arising as a result of Your use of the Stand and/or Clamp-IT unit, including but not limited to court costs, administrative costs, fines and Local Authority fees. You are responsible for, and agree to pay, Yellowbike’s administrative handling fees which occur as a result of any fines or unanticipated violations.

19. In the event of the theft of a Bike whilst it is locked on a Clamp-IT unit Hired by You, You must

a) report the theft to Yellowbike and the Community Administrator (if there is one) within 24 hours of becoming aware that the bicycle has been stolen and

b) report the theft to the police within 48 hours of becoming aware that the bicycle has been stolen.

20. By Hiring a Clamp-IT unit, You assert that You are authorised to do so. Yellowbike will not accept any responsibility if You secure a Bike to a Clamp-IT unit that it is not Yours to secure.

21. You may permit a minor for whom You are responsible to lock a Bike to a Clamp-IT unit, but for the purpose of these terms and conditions You shall always be treated as the party who has Hired the Clamp-IT unit and You shall remain liable for any damage caused to the Stand and/or Clamp-IT unit during the Period of Hire and You shall be responsible for ensuring compliance with these terms and conditions.

22. You agree to defend, indemnify and hold Yellowbike harmless from all losses, liabilities and damages, injuries, claims, demands, costs and expenses (unless it can be proven that Yellowbike did not fulfill reasonable maintenance procedures for the equipment being used) incurred in any manner by Yellowbike throughout the rental period

23. In the event of an accident and/or incident relating to the Stand and/or the Clamp-IT unit You must report the facts to Yellowbike and the Community Administrator (if there is one) within 24 hours following the occurrence thereof

24. You must not operate the Stand and/or Clamp-IT unit nor permit the Stand and/or Clamp-IT unit to be operated whilst the person operating the Stand and/or Clamp-IT unit is unfit to do so through drink, drugs or other prohibited substances.

25. You represent that all information provided by You to Yellowbike is accurate

LIABILITIES

26. You use the Stand and Clamp-IT unit at Your own risk. You take full responsibility for damages caused by You/Yourself. The user is solely responsible for any liability claims resulting from actions or events occurring during the Hire Period or as a result of Your own acts or omissions.

27. You shall pay on demand the amount required to repair any damage caused to a Stand or Clamp-IT unit by You, regardless of whether such damage is caused intentionally or not. If it is not possible to repair any damage, You shall pay on demand the full replacement cost of the Stand and/or Clamp-IT unit (£500 as at October 2021).

28. In cases of damage to the Stand or Clamp-IT unit being discovered, the user will be informed by Yellowbike within 7 days of discovery. You shall not be liable for any damage to the Stand and/or Clamp-IT unit where it cannot reasonably be demonstrated that such damage occurred during the Period of Hire.

29. You shall indemnity Yellowbike against all costs, losses and damages incurred by Yellowbike as a result of Your breach of these terms and conditions.

ASSIGNMENT

30. Yellowbike may deal with (including assign) its rights in this agreement as it sees fit.

31. You may not and shall not assign any of Your rights under this agreement.

DISPUTE RESOLUTION

32. All disputes must be sent to info@Yellowbike.biz. These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of England.

DATA PROTECTION AND PRIVACY

33. By registering with us you agree that you have reviewed our Privacy Notice and agree that we may process your personal information in accordance with it. In particular you agree that your personal data may be stored on databases outside of the Clamp-IT united Kingdom.

34. We will send you news and information about our services and similar services that we think may be of interest to you. If you do not wish to receive this information, please tick the relevant box in the app.

35. Our website Privacy Notice and Cookie Policy explains how we may process your information when you visit our app or website.