Terms And Conditions
1.1 Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
1.2 Reference to any statutory provisions in this Agreement shall include any statutory provision that amends or replaces it.
2. Terms of Acceptance
2.1 These terms & conditions set out the terms between you the Electric Commute Member, and us, Electric Commute and owner of the website, www.electric-commute.com.
2.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
2.3 You must be a minimum age of 18 to register and make use of this website and any service contained within. By registering and using the website you warrant that you are 18 or older and understand your obligations under these terms & conditions.
2.4 You should not use this website if you do not accept with these terms & conditions in full.
3. Outline of Agreement
3.1 You provide: Information about you and/or your related business, products, events and services, to market your business, products, events and services publicly via the Electric Commute website.
3.2 Electric Commute provides: A community website promoting information about Electric forms of Transport enabling people and businesses to participate in online community forums, the sale and purchase of products as well as promoting social activities and the exchange of information regarding Electric forms of Transport.
3.3 The parties agree that the Electric Commute website located at www.electric-commute.com, will host the following “Content”, as provided by you:
a) Directory Listings about you and your business including your Biography.
b) Products and Reviews
c) Media Posts, including text, images, videos and audio
f) Other general social activity content
3.4 We may host or link to further “Products and Services”, during the course of this Agreement, such Content, Products and Services to be agreed between the parties.
4. Ownership and Responsibilities – General Content
4.1 You retain all ownership rights to content provided by you.
4.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
4.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties. This allows us to place your content on the appropriate site facilities and let all users, whether registered or not to view your content. It also allows us to compress or alter the size of any files you may post to ensure that they can be readily displayed for other users.
4.4 This license is royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on any facility or on any specific content pages.
4.5 We are not responsible for the accuracy of any content, nor any advertisements or third party website links placed by you or any other users. Any link posted does not imply an endorsement of a third party website by us.
4.6 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
4.7 Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
4.8 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
4.9 You are solely responsible for all information that you submit to Electric Commute and any consequences that may result from your posts and pages.
4.9 This license also applies worldwide because the website can be accessed from anywhere in the world, at any time.
5. Intellectual Property Rights – Business Related Content
5.1 Each party grants to the other for the term of this Agreement a non-exclusive, revocable, royalty-free license to use its Business Related Content, name, logos, trade marks, trade names and devices (“Intellectual Property”) subject to the restrictions noted in the relevant clauses herein and in any promotional and marketing material issued by either party in a manner approved by the party whose Intellectual Property is to be used, such approval not to be unreasonably withheld or delayed.
5.2 Both parties warrant that they have the right to grant or permit the other party to use the logos, trademarks, trade names and devices to the extent required to fulfil the terms of this Agreement.
5.3 Neither party shall make any claim to the other party’s Content, Products or Services during or after the expiry of this Agreement.
5.4 Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiry of this Agreement.
5.5 Neither party shall register or cause to be registered any company name which is materially similar to that of the other party.
5.6 On the expiry of this Agreement all licenses referred to in this shall expire and the parties agree to immediately cease use of the Intellectual Property of the other.
6. Content – Monitoring and Access
6.1 We shall not assume any responsibility for auditing or monitoring any user generated content. If at any time we decide to monitor a facility on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users.
6.2 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
7.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
7.2 Where notified of such breaches by the owner of such content we will remove the content as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
7.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
8. General Content Specifications
8.1 You agree not to do any of the following:
a) Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
b) Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
c) Use or harvest data provided by other users in a way that they would object to.
d) Use data provided by other users for purposes other than contacting them via the website.
e) Contact other users in ways they may find inappropriate.
f) Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
g) Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
h) To pose as another user, third party or organisation or Electric Commute employee for the purposes of obtaining user or third party information.
i) To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
j) Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
k) Reframe or repurpose any facility or content on it or remove or obscure any notices or advertising provided by us.
l) Load or provide access to content or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
m) Make commercial posts or comment spam or attempt to disguise such spam as content.
n) Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
o) Use any robot, spider, scraper or other technical means to access the facilities or content within.
8.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
8.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
9. Business Related Content Specifications
9.1 Where the Content, specific to your business, is displayed on the website its use shall be subject to the following restrictions:
9.1.1 This Content shall not be displayed with any content which is offensive, obscene, defamatory or libellous, or
9.1.2 Displayed with any other content which Electric Commute knows or ought to know infringes the intellectual property rights of a third party.
9.2 Electric Commute shall further ensure that all the Content is displayed in a clear legible font style and size and that it is displayed on a web page background that does not obscure or render the Content including text links difficult to read.
9.3 Furthermore Electric Commute shall ensure that the Content displays correctly and has a uniform appearance regardless of the type and version of browser in which it is viewed and regardless of the type of access device on which it is displayed.
9.4 The parties shall agree a timetable and procedure for the updating and maintenance of the Content on the website. Such timetable to include the full contact details of the representatives of both parties in charge of content or website maintenance.
9.5 You reserve the right to withdraw permission for your Content to be displayed on the website on giving 30 days written notice should the conditions in this clause be breached.
10. Co-Branding and Linking
10.1 Any graphic link should only use the graphics supplied by you and in the format supplied by you.
10.2 Any graphics supplied by you shall be displayed in the same or similar display dimensions to any other graphics used for linking to a third party site as displayed on the same web page. Furthermore the graphic shall not be displayed in a manner that distorts the dimensions or colours of the graphic so as to render it difficult to view or in your opinion dilutes the identity of the logo or could cause confusion to the public. We, Electric Commute, are free to use a suitable software program to reduce the file size of any graphics so long as the image quality of the graphic is not visibly altered or reduced.
10.3 Any text link shall be displayed in a font in keeping with the look and feel of the Electric Commute website on which it is displayed and shall be displayed in a font size no smaller than any other text link to another third party website as displayed on the Electric Commute website. The content of such a text link shall consist of any text as may be agreed between the parties that accurately informs the user that they will be transferred to your Electric Commute website profile page/s or to your own website either completely or within a framed environment within the Electric Commute website.
10.4 The parties shall ensure that all links whether graphic or text shall operate correctly and transfer the user to the correct part of the requested website. In the event that any link fails both parties shall take steps to correct the problem within a reasonable period of time and notify the other party of the correction.
10.5 In recognition that the actions listed below in this clause would impact upon the value and goodwill of either party, the parties agree not to do the following without the express prior written approval of the party to be affected:
10.5.1 Use the website address of the other party or any combination of the other party’s name in keywords contained within the Meta Tags of any web page or repeated multiple times in the coding of any web page; or
10.5.2 Register the website address of the other party or any similar sounding or similarly spelt website address or any combination of it as keywords with any search engine or directory; or
10.5.3 Register any domain name similarly spelt to that of the other party or deliberately mis-spelt.
11. General Responsibilities
11.1 It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate.
11.2 You are responsible for maintaining your own username and password, where required to access your account. You should ensure that you store your username and password securely and that the details required to access your account are not provided to another party.
11.3 You are responsible for your account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
11.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended, by the manufacturer, for use or consumption by children.
12. Membership Termination
12.1 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse, notice or explanation to you where we solely deem it appropriate or necessary. Various clauses within these Terms & Conditions are designed to survive and continue after termination.
12.2 As a member you can choose to terminate your account at any time.
13. Loss or Deterioration Of Service
13.1 We take all reasonable steps to ensure that all facilities are available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our file servers or where facilities are unavailable for any other reason, whether within or outside our direct control.
13.2 In the event of system failure, loss of access or deterioration in service the defaulting party shall take all reasonable steps to restore or rectify the service. The non-defaulting party shall not be entitled to any form of compensation, however the defaulting party shall within a reasonable period of time report to the non-defaulting party the cause of the loss or deterioration in service.
14.1 Both parties shall keep confidential the specific terms of this Agreement and not disclose them save to such employees or contractors as need to know the relevant information for the purposes of performing this Agreement.
14.2 The parties agree that all information marked “Confidential”, or where not marked it is reasonable to judge such information as confidential, shall not be disclosed for a period of 2 years after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of England.
14.3 The parties further agree that all information marked as a “Trade Secret” and reasonably judged to constitute a trade secret shall not be disclosed at any time during or after the expiry of this Agreement, except where such disclosure is required by law or by order of a court in the jurisdiction of England.
14.4 Confidential information and Trade Secrets shall consist of, but not necessarily be limited to: technical, commercial, financial, operational, marketing or promotional information or data.
ONLINE PURCHASES DIRECT FROM ELECTRIC COMMUTE
15. Ownership of Responsibilities
15.1 Where a product is purchased from Electric Commute where Electric Commute is the listed seller, Electric Commute assumes all responsibilities as the owner of the goods, in full alignment with the responsibilities undertaken by Electric Commute. These terms are outlined below.
15.2 The term ‘we’ or ‘us’ in this regard, relates to Electric Commute.
15.3 During the online transaction process, Electric Commute will ensure clear instructions and support to you, the buyer, in all matters relating to the purchase and delivery of goods from the website.
16. Product Pricing and Title
16.1 We will make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
16.2 We reserve the right to alter all product pricing without notice.
16.3 Title of any products ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
17. Your Order
17.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us, to purchase the goods specified in the order.
17.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
17.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
17.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected or where there is a clear conflict of interest.
17.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
18. Shipping and Customs Duty
18.1 All orders received by us are shipped subject to availability.
18.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
18.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or a full refund.
18.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
19. Cancellation Rights, Returns and Refunds
19.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the date of your transaction.
19.2 Goods that are subject to a start date, such as, but not limited to, a ticket for an event or workshop, will only be refunded or cancelled on written request, within and up to 5 working days prior to the start date.
19.3 Goods that are subject to an unconfirmed start date, such as a private lesson voucher, may be refunded if a date has not been confirmed and with written request, within 14 working days from the date of the transaction.
19.4 As stated above, notification of cancellation must be in writing, a telephone call is not a valid cancellation. It is your responsibility to follow all instructions for requesting a return and refund as outlined clearly on the website.
19.5 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
19.6 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
19.7 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
19.8 Please observe the following procedure for all returns to us:
19.8.1 On the back of your receipt or on another piece of paper, (if you no longer have your receipt), include your order number and the reason for the return.
19.8.2 If you are returning your product because it is defective, please state the defect or defects.
19.8.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
19.8.4 For products received by email, make request for a refund by email, attaching copy of the receipt/ticket/voucher.
19.9 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
19.10 You are responsible for paying any postage or shipping costs incurred when returning the product.
19.11 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
19.12 We will not issue refunds for any items lost or stolen in transit to us.
19.13 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
19.14 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
19.15 Unused shippable products may be returned promptly by customers to the seller, details of same will be listed online or on the emailed receipt.
19.16 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
19.17 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
19.18 Instructions on where to send your item along with your receipt to Electric Commute will be printed clearly on your receipt.
20. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
21. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
22. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
ONLINE PURCHASES VIA AFFILIATE LINKS
23. 3rdParty Sales and Responsibilities
23.1 Where a product is purchased via the Electric Commute website from an affiliate link where a 3rdparty is the listed seller, the 3rdparty assumes all responsibilities as the seller, supplier, shipping agent and all other terms and responsibilities as outlined on their respective websites or affiliate links. Please see the 3rdparties website for further details during the purchase process.
23.2 While Electric Commute shall pursue it’s best endeavour to ensure the validity and accuracy of 3rdparty sellers and products, Electric Commute shall not be held liable for any issues arising from affiliate 3rdparty purchases hosted via Electric Commute. Any and all issues regarding purchases, faults, customer complaints or queries, faults or warranty from 3rdparties must be referred to the 3rdparty seller.
24.1 You are solely responsible for your interactions with other members of our services. Electric Commute services merely provide a platform for members to communicate, participate in activities or forums and find or exchange related information regarding electric forms of transport.
24.2 Electric Commute is not party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organisation.
24.3 We reserve the right, but have no obligation, to monitor interactions between you and other members of our services.
25. Identity Verification
25.1 We cannot and do not confirm each member’s identity. Although we offer safety tips, you are solely responsible for determining the identity and suitability of others with whom you may interact through our services. Electric Commute does not represent or warrant that our guidelines and advice are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the services.
26.1 Please be aware that we are unable to monitor or store messages on our database indefinitely. We therefore reserve the right to permanently delete messages, without bias or filtering, after a period of six months from post-date.
27. Competition Entry Eligibility
The entrant must have reached the age of majority in their jurisdiction of residence at the time of entry.
28. Competition Liability
Electric Commute and any third party associates neither assume nor bear any responsibility for any form or type of loss, damage, or injury incurred as a result of participating in a competition and the receiving of awards and/or prizes.
29. Competition Right To Cancel
Electric Commute reserves the right to cancel or suspend the contest if it is not capable of continuing as planned for any reason that is beyond the control of the organiser, Electric Commute.
30. Competition Rules and Changes To Rules
Competition rules will be published on the relevant competition page or post on Electric Commute and form part of these Terms & Conditions. Electric Commute reserves the right to make modifications to the competition rules. Changes made will be posted on the relevant pages referring to the competition on the Electric Commute website.
31. Data Protection
Both parties shall be registered under and/or observe the Data Protection Act relevant to them, (1984 or 1998 Act) according to when each party first registered and both parties further confirm that they will not rent or sell customer lists and / or contact details without the customer’s express prior approval. Either party may treat a breach of this clause as a reason for termination of this Agreement in accordance Immediate Termination clause of this Agreement.
32. Limitation of Liability
32.1 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
32.2 Neither party shall be liable to the other under this Agreement in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.
32.3 You agree to indemnify Electric Commute against any claims, damages, losses, costs and expenses which Electric Commute may sustain or incur in relation to any Content, Products or Services which you provide, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
32.4 Electric Commute agrees to indemnify you, the business member, against any claims, damages, losses, costs and expenses which you may sustain or incur in relation to any Content, Products or Services Electric Commute provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.
Neither party may assign or otherwise transfer this Agreement or any rights, duties and obligations hereunder without the prior consent in writing of the other party.
34. Joint Venture or Partnership
Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.
If you have a dispute with one or more Electric Commute users, you release us (and our officers, directors, members, agents, subsidiaries, joint ventures, affiliates and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. If you are a California, USA resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
37.1 Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
37.2 It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
37.3 No addition to or modification of any clause in this Agreement shall be binding on the parties unless made in writing and signed by the signatories to this Agreement or their duly authorised representatives.
37.4 This Agreement sets out the entire Agreement and understanding of the parties and is in substitution of any previous written or oral agreements between the parties.
This Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
If you wish to raise a complaint or you have any questions regarding these Terms & Conditions please Contact Us by email. Electric Commute is a company limited by guarantee (Registered in England and Wales: xxxxxxxx). Our registered address is xxxxxxxxxxxxxxxxxxx.