Terms

Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern WHEELALE’s relationship with you in relation to this website.

The term ‘WHEELALE’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is WHEELALE, Unit 2a Poles Copse, Poles Lane, Otterbourne, Winchester, Hampshire, England. SO21 3DZ.  Our company Mountain View Media Ltd (WHEELALE) is a company limited by guarantee, registered in England number 09797747. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

1.0  USER INFORMATION

1.1  The content of the pages of this website is for your general information and use only. It is subject to change without notice.

1.2  This website uses cookies to monitor browsing preferences. WHEELALE uses Google Analytics to anonymously gather data on how people are using this website, e.g. visitor statistics, popular pages and links, so that WHEELALE can continually monitor and improve the website experience for all visitors.  

2.0  CONTENT

2.1  We do not vet and are not responsible for any User Generated Routes / Content.

2.2  We may remove or edit any User Generated Routes / Content at our entire discretion and, unless you have marked your User Generated Routes as private; they will be publically accessible by all users.

2.3  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

2.4  Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

3.0  User Generated Content

We do not claim any ownership in your User Generated Routes / Content. However:

3.1  In the event that you issue your User Generated Routes, you grant to us a royalty-free, non-exclusive licence to store, reproduce and display the User Generated Routes. On the expiry or termination of your Subscription, you grant to us a royalty-free, non-exclusive licence to store, reproduce and display and distribute the User Generated Routes / Content to other WheelAle users for their personal, non-commercial use; and

  • Except in respect of any User Generated Routes / Content which may already have been saved or printed by other users, you may revoke the licence granted above at any time by requesting to remove your User Generated Route / Content.
  • The restrictions on the use of WheelAle Maps Content set out in these WheelAle Terms do not apply to you in respect of your own User Generated Routes / Content.
  • In the event that a third party notifies us that your User Generated Route / Content infringes their intellectual property rights, we shall be entitled to disclose your identity and any other necessary information to such third party.

4.0  Takedown Procedure

WheelAle may cease making the User Generated Routes / Content available to users, either in whole or in part (Takedown) where it becomes aware that the User Generated Routes / Content:

4.1  Infringes the intellectual property rights or any other rights of any third party;

4.2  Breaches any applicable law, regulation, code of practice or is subject to an injunction or other action by a third party; or

4.3  The display of the User Generated Routes / Content is impacting the integrity or technical performance of the WheelAle Maps; or

4.4  Are generating complaints from other users or any third parties (together, Takedown Criteria).

4.5  Where we conduct a Takedown, we will email the user who created the User Generated Route / Content to inform them that we have received a complaint regarding it, and:

4.6  Ask the user to verify the IPR in the User Generated Route / Content in question; and

4.7  Ask the user to contact us within 21 calendar days regarding the complaint. If we do not receive a response within 21 calendar days of our email, we will remove the User Generated Route / Content from the application.

4.8  Please include the following information when notifying WheelAle of infringing material within User Generated Routes / Content:

4.9  Details to enable us to identify the User Generated Routes / Content that is claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, user name, route location details) (Infringing Content);

4.10 Your contact information (for example, your address, telephone number, email address); and

4.11 Confirmation that you have authority to act on behalf of, or are the owner of, the intellectual property rights in the User Generated Routes / Content.

5.0  Accuracy of Mapping and Cycling Routes

5.1  We will take reasonable steps to ensure that any mapping, walking and other routes authored by us and/or our commercial partners are as accurate and up-to-date as possible, but we do not guarantee absolute accuracy or currency.

5.2  We do not check the accuracy, feasibility or safety of any User Generated Routes / Content uploaded and available from other users of WheelAle Maps.

5.3  For safe outdoor navigation, we recommend that you allow a reasonable margin for error, refer to local signage and take particular care in poor visibility.

5.4  The average times shown are rough estimates based on Naismith’s Rule. This rule assumes you are reasonably fit and travelling on typical terrain in normal conditions. You should estimate your own route time making allowances for your own circumstances.

6.0  Disclaimer and limitation of liability

6.1  We are not responsible for any losses which could not be reasonably expected to occur as a result of a breach including, without limitation any commercial losses.

6.2  We cannot guarantee the ongoing supply of any content sourced from third parties, including certain points of interest and leisure route information, and we may alter the third party content we provide via WheelAle Maps at any time.

7.0  General

7.1  You shall comply with all applicable foreign and local laws and regulations which apply to your use of WheelAle Maps in whatever country you are physically located, including without limitation, consumer law and export control laws and regulations and you will not make unacceptable use of WheelAle Maps.

7.2  Your use of the Application indicates your acceptance of these Terms; please do not use the Application if you do not accept these Terms. We may revise these Terms at any time by updating this page and it is your responsibility to review these Terms from time to time to understand the extent of changes. Your continued use of the Application constitutes your agreement to the then-current amended and updated Terms.

7.3  We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

7.4  You may not assign, sub-license, share or otherwise transfer any of your rights under these Terms.

7.5  If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

7.6  The waiver on a particular occasion by either party of rights under these Terms does not imply that other rights will be waived.

7.7  No delay in exercising any right under these Terms shall constitute a waiver of such right.

7.8  You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersede any other communications or advertising with respect to WheelAle Maps.

7.9  These Terms will be governed by English law and both parties submit to the exclusive jurisdiction of the English courts.

 

Data Protection

WHEELALE will use the information provided by WHEELALE members for the purpose of providing them with WHEELALE membership services and membership benefits. WHEELALE will not disclose this information to any person or organisation except in connection with the above purposes. If you do not want us to contact you about WHEELALE membership benefits, products or services, or if you have any query about the use we make of your data, please write to the Data Controller at WHEELALE, Unit 2a Poles Copse, Poles Lane, Otterbourne, Winchester, Hampshire, England. SO21 3DZ.

Registered Office:

Mountain View Media Ltd is a limited company registered in England and Wales. Company Registration No. 09797747.
Registered Offices: Unit 2a Poles Copse, Poles Lane, Otterbourne, Winchester, Hampshire, England. SO21 2DZ.

© 2017 Wheelale All rights reserved