Last Updated 6th August 2024
Terms & Conditions
Here you can find our terms and conditions. Please make sure you read and understand them.
1. Introduction
This is an agreement between you (the “Member”) and Spoke Safe Limited, a company registered in England and Wales (registration 11198252), whose registered office is at 87 Roman Road, London, E2 0QN, (“Spokesafe”, “us” or “we”).
By completing the joining process and becoming a Member of Spokesafe, you are accepting all the terms and conditions in this Membership Agreement (the “Agreement”). You should only join if you have read them and accept them.
Bike Parking
Full monthly or annual membership terms & conditions principal terms.
This Agreement commences once you have indicated your acceptance by providing your credit card billing information to authorise an ongoing direct debit.
This agreement will become binding on you and us when we contact you to confirm your membership application has been accepted, at which point a contract will come into existence between you and us.
You will be entitled to all the rights and privileges exercisable for the type of Membership chosen. As a member you will have access to our booking platform (either online or via our app) to enable you to book secure cycle parking spaces at our partners’ locations.
You cannot transfer this Agreement to anyone else.
3. Full Monthly or annual membership fees and charges.
The first fee of a monthly or annual membership fees are collected from you by us by Debit / Credit card at time of purchase. These fees are not refundable under any circumstances.
Your second Direct Debit for monthly membership fees only will be collected one month after you joined. Subsequent Direct Debits for monthly membership fees will be collected monthly thereafter. Each payment made is not refundable under any circumstances.
If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so.
You agree to advise us immediately of any change to the member details provided.
Daily, payg and micro membership terms & conditions principal terms.
Daily, PAYG and micro membership commences once you have signed up to our platform by completing the sign up process (either online or via our app).
Access to our booking platform and parking spaces at our partners’ locations will be activated from the time and date that you specify, and will run for the length of time that you have paid for.
You cannot transfer this membership to anyone else nor transfer to another date.
We reserve the right to remove your bike should it remain in situ beyond the specified date and time..
Daily, payg and micro membership fees and charges.
Individual Daily, multi-day Daily, PAYG and micro membership fees are refundable up until the day before a booking. Spokesafe does not provide a refund for any of these services if they are requested on the day of a booking. This includes multi-day bookings which have commenced on a previous day and are now in the middle of a booking.
Spokesafe reserves the right to withhold cancellations and/or refunds if we think the user is abusing the booking process at our partners locations.
Corporate memberships.
All individuals who access spaces on the Spokesafe platform via a Corporate Membership are subject to the same terms in this agreement as individuals (both Full Monthly, Annual and/daily Daily, PAYG and Micromemberships).
Prices.
From time to time we may need to increase the price of membership. We will give you at least 1 full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period you will have your usual right to terminate your membership in accordance with the Agreement terms and conditions. If you do not terminate the membership by the date given to you in the notice then the price of your membership will be increased in accordance with our notice.
Termination.
You may terminate your Monthly or Annual subscription at any point by writing via email at hello@spokesafe.com. Subscriptions will be terminated as soon as the team receives them.
You can also cancel your subscription directly inside the Spokesafe app, by heading to Menu -> Cancel My Subscription.
Terminations are effective from the next payment date, and no refunds are payable by us to you for the current payment period.
In the above circumstances your membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
Money back guarantee.
As per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are entitled to cancel your membership and receive a full refund of any fees paid within 14 days of completing your membership application form.
However, as per regulation 36 of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you select to commence your membership immediately, or you ask us to start your membership early, you agree that if you subsequently cancel your membership within the 14 day period, you will be refunded any monies paid, less an amount for the membership you have already used.
As an example of how this works, if your membership fee is £15 per month and you cancel your membership after 10 days of it commencing (having asked us to start it immediately) we shall refund you £10, keeping £5, which represents the membership you had used up to the point of cancellation.
Access and code abuse policy.
On completion of your membership application, you will be provided with an access device, unique code or instructions to find your relevant access code on the Spokesafe platform. This will enable you to access the secure cycle parking spaces at our partners’ locations.Your code / Access Device (defined below) can only be used by you. Your code / Access Device is issued solely for your use, as your membership is personal to you and only covers your use of our platform. You are responsible for keeping your code / Access Device secure and confidential at all times.
In the interests of the safety and security of all our members, use of codes and access is monitored by us and our location partners and individuals using codes / Access Devices may be asked to provide proof of identification.
Depending on the type of Access Device, we may require a non-refundable deposit to be made at the point of purchase. Should we or our location partners believe that your code / Access Device has been used by another individual or individuals either we or our location partners may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your code / Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our or our location partner’s investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph 4 below.
If you unreasonably refuse to cooperate with our or our location partner’s investigation, or following our or our location partner’s investigation we have reasonable grounds to believe that your code was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have: (a) to apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your code was used by that individual/those individuals; and/or (b) in the event of serious misuse of your code, for example, your code has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given. In such circumstances, our location partner may seek to prohibit you from entering onto its premises, in its sole discretion.
Your responsibility for anothers conduct: If we or our location partner have reasonable grounds for believing that you knowingly provided your code / Access Device to another individual or individuals, or allowed unauthorised entry following your entry to one of our partner’s locations (known as tailgating) in addition to our and our location partner’s rights referred to in paragraph 4 above, we and our location partner may hold you responsible for the conduct of the individual(s) while on such premises, and liable for any loss we or our location partner suffer as a consequence of that conduct.
Access Device: any device, key-fob, access card, code or any other relevant security hardware device, issued or otherwise provided to you to enable you to securely access the relevant units in accordance with the terms of your membership. If you lose or misplace the device you need to contact member services to remove the device immediately.
Other conditions.
Individual locations within the platform may have additional rules not outlined in this agreement. These rules will be communicated either on our website or app, within the physical location, or directly to you when completing the sign-up or booking process. If a failure to follow these rules takes place, we reserve the right to follow specific policies that are also communicated upon sign- up or booking, and could be modified after sign-up. Any modification of these policies will be communicated as discussed elsewhere in this agreement.
Some facilities may have rules that explicitly state that active travel vehicles cannot be stored for a continuous period of time. This will be communicated during the sign-up or booking process. If a vehicle or other possession if found to be stored longer than the communicated period of time, we reserve the right to remove this vehicle.
Any costs incurred by removal of an active travel vehicle, or any other items, may be borne by you. We do not provide compensation for any active travel vehicle that we have to remove from our premises, and you are not entitled to any compensation for the loss, or damage, of any vehicle that we have to remove.
Removed active travel vehicles will be kept for a maximum of 30 days off-site, and may upon payment of a fine be collected. Bicycles which are not collected after 30 days will be donated to charity.
Any prohibited items may be removed and any costs incurred will be borne by you. You are not entitled to any compensation or the restitution of any goods removed or any damage caused to such goods, including bicycles and locks.
If so required by the policy of a specific facility, any bicycle that does not have a Security Tag attached and/or has not been parked in the designated numbered parking space (if applicable), may be removed without prior notice from the facility and stored according to point 4 above.
General terms & conditions miscellaneous terms.
You agree to comply with the Rules of Membership (the “Rules”) that relate to use of our platform and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this Agreement strictly at a future date.
We may assign the benefit of this Agreement and our rights thereunder to a third party on notice to you. Your rights under this Agreement will not be prejudiced.
Given that the secure cycle parking spaces are located at sites owned by our location partners, there may be occasions where we have to discontinue taking bookings for a particular location for a period of time for reasons outside of our control. We will do our best to let you know of such location unavailability in advance, unless the problem is urgent or an emergency. We will use reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials that are used in the spaces on our platform are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
This agreement is governed by English Law.
We may terminate this Agreement with immediate effect on notifying you if you are in breach of the Rules of Membership.
You will be liable for any damage caused to the equipment or facilities which are booked via our platform through your negligent use.
You agree to tell us immediately of any changes to your personal details, including contact information; this should be done via email at hello@spokesafe.com.
Information about us.
We are a company registered in England and Wales. Our company registration number is 11198252 and Our registered office is at 87 Roman Road, London, E2 0QN.
If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at hello@spokesafe.com.
If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing you can send this to us by e-mail to Spoke Safe Limited at hello@spokesafe.com. We will confirm receipt of this by contacting you by email..
Your personal information.
To view our Privacy Policy please email us at hello@spokesafe.com to request a copy.
Promotion terms.
Spoke Safe Ltd reserves the right to end any promotion without warning at any time.
Bike Rentals
This section includes all Rental services, including for vehicles such as push bikes, eBikes, eCargo bikes. This agreement exists alongside separate agreements which you may have to additionally sign up to with individual partners to utilise the vehicles which they are hosting on the Spokesafe platform.
You use our partners vehicles at your own risk, and take full responsibility for any harm, injury or damage you cause to yourself or others. You are solely responsible from any liability claims resulting from the rental of our partners vehicles.
You must report any accident, incident or issues with the bike to us as soon as possible via hello@spokesafe.com.
We reserve the right to charge you for any damage to our partners vehicle, including up to the full amount of the value of the bike should this be stolen during your booking period. You must use the vehicle for the purpose it was designed for, and any objects or children should be appropriately strapped in.
If you are planning to return later than your booking period, you should also contact hello@spokesafe.com so we can forewarn the next user. Users who repeatedly return after their booking duration will be removed from the service.
Please note that some vehicles will have a location tracker attached to them. This is primarily to help recovery efforts should they be stolen while in use. We also use location information to help determine usage of the bikes, such as distance ridden or time spent in use, to help with research purposes. Data gathered here is anonymised before use.
If you have any questions around a vehicle, you can book in an induction with our location partner.
17. Additional services.
Additional services do not form part of this Agreement and are not provided by Spoke Safe Ltd.
Any additional services (including, for example, bike repair or insurance services) which you contract for or agree to pay for, do not form part of your Membership Agreement and the Terms & Conditions of this Agreement will not apply to them. You should be aware that if you enter into any agreement for additional services, you are entering into an agreement with those individuals and not with us.
We do not accept any liability for any losses, damage, personal injury or other loss caused by any negligent act or omission of those providing the additional services which are specifically excluded from the Membership Agreement and we do not accept any responsibility for the same save where precluded by law
Vehicle database.
We reserve the right to store information regarding your active travel vehicle in our database. Refusal to share this information with us may result in you not being provided access to our partners location. Your vehicle may also be removed with no notice should you not share this information with Spokesafe when signing up.
It is your responsibility to update your bike profile when your vehicle has changed. You can do this by heading to Menu -> My Profile inside the Spokesafe app
19. Refunds and emergencies.
In the event that access to physical locations is restricted due to a hardware or software error or emergency, Spokesafe will diagnose the issue with our partners and alert all members who may be affected via email. We will provide an estimated time to the location becoming operational again and clarify that we will provide an update once the issue is resolved.
Monthly or annual members - Members requests to be moved to the nearest location will be granted, should capacity be available. Spokesafe offer credits based on the length of time a Hub is not accessible, and the below % are based on the total paid per month:
0-24 hours: No refund offered. 1-7 days: 10%
1 week - 2 weeks: 25%
2 weeks plus: 100%
Daily, PAYG and micro members - Members who have bookings on the same day or the next day will be informed that we can move their booking to the nearest location, or can offer a refund or credit on the next booking.
19. Other clauses.
Only you, or the company specified in the joining process, can benefit from this Agreement.
If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
Spoke Safe Ltd, its agents, employees, subcontractors and location partners are not liable for any loss, damage or theft of any of your property that you bring onto any of the premises on our platform whatsoever.