Terms & Conditions
PLEASE READ THESE BIKERCOMM LICENCE TERMS CAREFULLY
BY USING THE APP AND/OR SIGNING UP FOR OUR BIKERCOMM SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP OR SIGN UP FOR OUR BIKERCOMM SERVICES.
Who we are and what this agreement does
We, GCI Comms Limited of 6 Broadfield Court, Sheffield, South Yorkshire, S8 0XF, United Kingdom, license you to use our BikerComm mobile application software, any updates or supplements to it and the BikerComm services you connect to via such software (collectively known as the Software) as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any information you send using the Software may be read or intercepted by others, even where any such transmission is encrypted.
Appstore terms also apply
The ways in which you can use the Software may also be controlled by the app store from which you downloaded the Software. The relevant app store’s rules and policies will apply instead of these terms where there are differences between the two.
This licence is only between you and us and not with the provider of the app store. The app store provider has no liability whatsoever for the Software or its content and has no obligation to provide any maintenance or support services relating to it.
If the Software does not conform to any applicable warranty or fails to comply with any applicable law or if it is suggested that the Software breaches the intellectual property rights of a third party, you may in certain circumstances have rights to contact the app store for a refund but the app store will have no other liability whatsoever to you.
Hardware and operating system requirements
The Software will work on iPhones running iOS 10 or later and most Android devices running Android 5.0 or later. Please note however that the large variety of Android devices means we may have to withdraw support from certain Android devices where we discover issues for which a fix is not available.
Accounts and payment
You will need to sign up for an account with us before using the Software.
You must pay either a one-off purchase price or an annual subscription charge in order to use the Software. We will collect this charge using a third-party payment services provider (such as Stripe). We do not take payment details directly from you and we have no control as to how these are used by the third-party payment services provider. You may only pay using the payment methods we offer.
You acknowledge that automatic payments may be taken via the selected payment method and understand you are responsible for any overdraft charges that may be incurred during this process.
Failure to pay the charges may result in your account being terminated and your data being destroyed. We accept no responsibility for any losses (financial or otherwise) that may be incurred through this data loss.
You must notify us within 30 days if you believe you have been wrongly charged.
We reserve the right to update the price of the Software and will notify you of price increases in advance. If you do not agree to the price increase you may cancel your account prior to the increase taking effect.
Any price promotions including coupons, sales or discounts are temporary. We retain the right to end or modify any price promotion at our discretion.
Support for the software and contacting us
If you want to learn more about the Software or have any problems using it please take a look at our support resources at https://bikercomm.com/.
If you want to contact us with any questions or complaints regarding the Software, please email us at firstname.lastname@example.org.
How you may use the software, including how many devices you may use it on
There is no limit to the number of devices on which you may download the Software though each account may be used to make only one call at a time. You may use the Software for your personal purposes only.
If you wish to use the Software to make more than one call at a time then you will need to create additional accounts and sign in the additional devices using those accounts (each account permitting a single call).
You must use the software safely
You are responsible for your safe use of the Software. In particular you must not attempt to operate your device to initiate or accept a call while riding if to do so would be unlawful or would threaten your own safety or that of other road users (including pedestrians).
The software uses mobile data
You acknowledge that the Software uses mobile data in order to communicate with other uses of the Software. You are responsible for ensuring that your mobile data plan is sufficient for your use of the Software and any other applications that you use on your device.
Abuse and Lewd or otherwise inappropriate profile pictures
We reserve the right to monitor profile pictures and to remove any images that we consider to be lewd, offensive or otherwise inappropriate (including any images that we believe breach the guidelines or restrictions laid down by any relevant app store). We will remove any such content within 24 hours of our discovery or of it being reported to us.
All users of the Software are able to use the Software to report abuse and inappropriate profile pictures or conduct in respect of other users of the Software. We reserve the right to take such action as we consider appropriate in such circumstances, including the suspension or deactivation of accounts, the removal of certain features from any account, or the permanent exclusion of individuals from the use of the Software. No refunds of purchase price or subscription will be given in such circumstances.
You must be aged 16 to accept these terms and use the software
You must be aged 16 or over to accept these terms and use the Software. If you are 16 or over but below the age at which you have capacity to enter into a legal contract, we will still be permitted to terminate this licence and prevent your access to the Software where you do not comply with the obligations set out in this licence.
You may not transfer the Software to someone else
We are giving you personally the right to use the Software as set out above. You may not transfer the Software to someone else, whether for money, for anything else or for free. If you sell any device on which the Software is installed, you must remove the Software from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you notice of any change by sending you an email with details of the change.
If you do not accept the notified changes you must stop using the Software.
Updates to the Software
From time to time we may make updates to the Software available to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Updates will normally be made available through the relevant app store.
If you choose not to install such updates you may not be able to continue using the Software.
If someone else owns the phone or device you are using
If you download the Software onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
By using the Software, you agree to us collecting and using anonymised technical information about the devices you use the Software on and related software, hardware and peripherals to improve our products and to provide any services to you.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Software in any form, in whole or in part to any person without prior written consent from us;
- not copy the Software;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- is not used to create any software that is substantially similar in its expression to the Software;
- is kept secure; and
- is used only for the Permitted Objective; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software. In particular you represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Acceptable use restrictions
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software; and
- not collect or harvest any information or data from our systems and services or attempt to decipher any transmissions to or from the servers running our services.
Intellectual property rights
All intellectual property rights in the Software throughout the world belong to us (or our licensors) and the rights in the Software are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software other than the right to use it in accordance with these terms.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. If you use the Software for any commercial, business or resale purpose then the software is provided “as is” and you bear all the risk of using the Software. For the avoidance of doubt, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Check that the Software is suitable for you. The Software has not been developed to meet your individual requirements. Please check that the facilities and functions of the Software (as described on the app store site) meet your requirements.
We are not responsible for events outside our control. If our provision of any services or support for the Software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.
We may withdraw the Software at any time and for any reason. If we do so, you may contact us to receive a refund for any services you have paid for but not received.
We may end your rights to use the Software if you break these terms
We may end your rights to use the Software at any time by disabling your account if you have broken these terms in a serious way or (if your use of the Software is on a subscription basis) you have ceased to pay your subscription charges. If what you have done can be put right we will give you a reasonable opportunity to do so.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except that upon you using the Software and being deemed to accept these terms, you also agree that the app store provider (and its subsidiaries) shall have the right to enforce this licence against you (and is deemed to have accepted such right).
If a court finds part of this licence illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this licence, we can still enforce it later
Even if we delay in enforcing this licence, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live outside England then you may have rights to bring proceedings in your own national courts.