BikeMember.no is operated by Bikemember AS (“our”, “us” and “we”). We are a company registered in Norway with registration number 919304812.
These are the BikeMember.no ‘Terms of Service’, which apply to the use of the BikeMember.no by end users. By accessing Bikemember.no, you agree to be bound by the ‘Terms of Service’. BikeMember.no is provided for the benefit of residents of Norway who are over the age of 18. If there is anything that you do not understand please feel free to email any enquiry to us at email@example.com.
1 YOUR OBLIGATIONS
1.1 You will not:
(a) use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
(b) upload or transmit through the Website:
- (i) any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or
- (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use the Website in a manner which:
- (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or
- (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
(d) attempt any unauthorised access to any part or component of the Website;
(e) copy or distribute any part of the Website in any medium without our prior written consent; and
(f) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
1.2 You agree that in the event that you have any right, claim or action against any end user of the Website arising out of that end user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
2 OUR RIGHTS
2.1 We reserve the right to:
(a) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or
(c) monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
2.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. If the website for some reason will be taken down or we, for a longer period, are not able to deliver the services promised in the subscription, the prepaid subscription fee will be returned to the end user for the remaining period in a proportional amount.
3 YOUR PERSONAL DATA
We respect your Personal Data and shall deal with it in accordance with our Privacy Statement and applicable legislation in place from time to time. Please click here to review our Privacy Statement.
4 LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
In order to use some parts of the Website, you may need to create an account. You must never use another Website user’s account without obtaining their prior consent. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorised use of your account.
We take our responsibility for making accessible web content and software seriously. We are committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards. Many Internet users with disabilities find websites difficult to use simply because of the way they are designed. We are in the process of reviewing and redesigning our websites to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers.
7 LIMITATION OF LIABILITY
7.1 WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
7.2 The Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
7.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
7.4 Notwithstanding any other provision in the Terms, nothing shall limit your rights as a consumer under Norwegian law.
7.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
7.6 We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) loss of data or use of data; or
(d) any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
7.7 Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.
8.3 Except for Personal Data (as defined in our privacy statement), any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.
8.4 We reserve all rights not expressly granted in and to the Website and the content in the Website.
9.1 You may send us notices under or in connection with these Terms by email to firstname.lastname@example.org.
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and should be retained by you.
You are able to pay online via our website using the payment methods located on our website at any time. The payment is completed when we have processed your order and sent Bike ID stickers via normal mail if applicable.
You can upgrade, downgrade or cancel your subscription at any time. This can be done in the menu ‘Subscriptions’ on ‘My Page’ when you are logged in, or by contacting us in Customer Service via mail email@example.com or phone 2396 6699.
12 RIGHT TO REGRET THE PURCHASE
You can regret your purchase within the first 14 days after you signed up and paid for the subscription by contacting Bikemember Customer Service on email firstname.lastname@example.org.
If you regret and contact us, we will return all payments received from you without unnecessary delay and in all cases no later than 14 days after the day we received your notice to leave the agreement.
13 DELAYS AND NON-DELIVERY – YOUR RIGHTS AND TIME LIMIT TO MAKE A CLAIM
13.1 If we do not deliver the good or delivers it late according to the terms of the parties’ contract, and this is not due to you or to conditions on tyour side, you may, in accordance with Chapter 5 of the Consumer Purchases Act, withhold the purchase sum, demand performance of the contract, terminate the contract and/or demand compensation from us, according to the relevant circumstances.
For demands of remedy for breach of contract, notice should be given in writing for the purposes of documentation (e.g. by email).
13.2 Performance. You may affirm the purchase and demand performance from us. You may not however demand performance if there is a barrier to performance we cannot overcome, or if performance would cause a great disadvantage or expense to us that is out of proportion to your interest in the performance. Should these obstacles be removed within a reasonable amount of time, however, you may demand performance.
You will lose your right to demand performance if you wait an unreasonably long time to make the claim.
13.3 Termination. If we do not deliver the good at the time set for delivery, you shall call on us to deliver within a reasonable additional time frame for performance. If we do not deliver the good within the additional time frame, you may cancel the purchase.
You may however cancel the purchase immediately if we refuse to deliver the good. This also applies to cases in which delivery at the agreed time was a decisive factor in the conclusion of the contract, or if you has informed us that the delivery time is a decisive factor.
If the item is delivered after the additional time frame set by the consumer or after the delivery time that was a decisive factor in the conclusion of the contract, termination must be asserted within a reasonable time frame after you were informed of the delivery.
13.4 Compensation. You may demand compensation for losses incurred as a result of the delay. However, this does not apply to cases in which we can assert that the delay was due to obstacles outside our control that could not have reasonably been foreseen at the time the contract was concluded, could not have been avoided or the consequences of which could not have been overcome.
14 DEFECTIVE GOODS – YOUR RIGHTS AND TIME LIMIT TO GIVE NOTICE
14.1 If the good is defective, you must notify us that you wishes to invoke the defect within a reasonable amount of time after the defect was discovered or should have been discovered. You are always considered to have given timely notice if it occurs within two months after the defect was discovered or should have been discovered. Notice may be given no later than two years after you took possession of the good. If the good or parts of it are meant to last considerably longer than two years, this deadline is extended to five years.
If the good has a defect and this is not due to you or to conditions on your part, you may, in accordance with Chapter 6 of the Consumer Purchases Act, withhold the purchase sum, choose between repair and replacement, demand a price reduction, demand that contract be terminated and/or demand compensation from us, according to the relevant circumstances.
Notice should be given to us in writing.
14.2 Repair or replacement. You may choose between having the defect repaired or the delivery of an equivalent item. We may however oppose your claim if carrying out the claim is impossible or causes us to incur unreasonable expenses. Repair or replacement shall be performed within a reasonable amount of time. We do not as a rule have the right to more than two attempts to cure for the same defect.
14.3 Price reduction. You may demand a suitable price reduction if the good is not repaired or replaced. This means that that relation between the reduced and originally agreed price corresponds to the relation between the item’s value in defective condition and the condition according to the original contract. If special circumstances call for it, the price reduction may instead correspond to the defect’s impact on you.
14.4 Termination. If the good is not repaired or replaced, you may also cancel the purchase in cases where the defect is not immaterial.
15 OUR RIGHTS IN CASE OF YOUR BREACH OF CONTRACT
15.1 If you do not pay or otherwise fulfil your duties according to the contract and/or the law, and this is not due to us or to conditions on the part of us, we may, in accordance with the rules in Chapter 9 of the Consumer Purchases Act, withhold the good, demand performance of the contract, terminate the contract and demand compensation from you, according to the relevant circumstances.
15.2 Fulfilment. If you do not pay, you may affirm the purchase and demand that you pay the purchase sum. If the good is not delivered, we will lose our right if it takes an unreasonably long time to make the claim.
15.3 Termination. Upon significant non-payment breach or any other significant breach by you, we may terminate the contract. However, we may not terminate the contract after the purchase sum has been paid. We may also terminate the purchase if you do not pay within a reasonable additional time frame for fulfilment set by us.
16 CONFLICT RESOLUTION
Claims must be directed to us within a reasonable time frame in accordance with Sections 13 and 14. The parties shall attempt to resolve any disputes out of court. If this is not successful, you may contact the Consumer Council of Norway for mediation. The Consumer Council may be reached on (+47) 23 400 500 or at www.forbrukerradet.no.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.