PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR THE MEMBERS’ SITE
Version 3 – Last updated on 9th July 2024.
Please read these conditions carefully before using VeloViewer (“the Site”). By using the Site, you signify your agreement to be bound by these conditions.
- Who we are and how to contact us
https://veloviewer.com/ (our site) is a site operated by VeloViewer Limited (we, us, our). We are registered in England and Wales under company number 09153903 and have our registered office at Unit 33 Century Business Centre Century Business Park, Manvers, Rotherham, South Yorkshire, United Kingdom, S63 5DA.
To contact us, please email veloviewer@gmail.com.
Throughout these terms, any reference to our site will include the Members’ Site, if applicable. For the purposes of these terms, the Members’ Site means the VeloViewer website and/or pages of our site that are accessible by customers who have registered for or purchased an annual subscription to use the Members’ Site.
- By using our site you accept these terms
By using our site, and if applicable the Members’ Site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site or the Members’ Site or purchase an annual subscription from us.
We recommend that you print or download a copy of these terms for future reference.
- There are other terms that may apply to you
These terms of use refer to our Privacy Policy which also applies to your use of our site.
- We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site please check these terms to ensure that you are aware of and understand the terms that apply at that time. These terms were most recently updated on the date stated at the top of this page.
- We may make changes to our site
We may update and change our site from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
- We may suspend or withdraw our site
Our site is made available free of charge if you are a visitor to our site.The Members’ Site is made available either free of charge if you are subscribing to the free membership (i.e. not paying for an annual subscription), or at an annual fee if you pay for an annual subscription.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access our site through your internet connection or using your device are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
- 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 these terms.
- Strava account
To login into and receive the benefit of the Members’ Site you will be required to already have, or register for, an account with Strava (https://www.strava.com/). To enter the Members’ Site, you will be required to login to Strava with your Strava account credentials.
All member authentication is carried out by Strava, and we do not conduct any member authentication process.
We have the right to disable any Strava account credentials from the Members’ Site, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your Strava login credentials, you must promptly notify us (at veloviewer@gmail.com) and Strava.
- Membership
Our site and memberships with us are intended to be for consumers only. We contract with businesses separately from these terms. If you are a business user, please contact us at veloviewer@gmail.com so that we can discuss options that are available for your business to use our site.
The membership options available to consumers are:
- Free: For access to this membership you are required to have a Strava account. You will then be able to access, on the Members’ Site, your most recent 25 activities that have been uploaded to Strava from the date your membership starts. Access to the most recent 25 activities is a one-time synchronisation from the date you start your membership and so the 25 most recent activities from the commencement of the membership are the only activities that members can access throughout the duration of their membership. No payment is required for this membership, and you will be a free member until you terminate or change your membership in accordance with the terms of Terminating or changing your membership at section 10
- PRO: For access to this membership, you are required to pay £10 per year which is payable in full at the commencement of your membership. Payment is made by you to us by PayPal. If you do not have a PayPal account but still wish to become a PRO member, please contact us. If you pay for your PRO membership by PayPal, you can choose to have auto-renewals in place at the outset of your PRO membership, which then operates on a subscription basis and renews automatically for a further year on each anniversary of your membership. If you do not wish for your PRO membership to auto-renew you should cancel your recurring payments in your PayPal account. Renewal payments will be taken automatically by us via the PayPal account we hold for you on our system on or around the membership renewal date. By being a PRO member, you will be able to access, on the Members’ Site, all of your activities that have been uploaded to Strava. You will remain a PRO member until you terminate or change your membership in accordance with the terms of Terminating or changing your membership at section 10
- PRO+: For access to this membership, you are required to pay £20 per year which is payable in full at the commencement of your membership. Payment is made by you to us by PayPal. If you do not have a PayPal account but still wish to become a PRO+ member, please contact us. If you pay for your PRO+ membership by PayPal, you can choose to have auto-renewals in place at the outset of your PRO+ membership, which then operates on a subscription basis and renews automatically for a further year on each anniversary of your membership. If you do not wish for your PRO+ membership to auto-renew you should cancel your recurring payments in your PayPal account. Renewal payments will be taken automatically by us via the PayPal account we hold for you on our system on or around the membership renewal date. By being a PRO+ member, you will be able to access, on the Members’ Site, all of your activities that have been uploaded to Strava. You will remain a PRO+ member until you terminate or change your membership in accordance with the terms of Terminating or changing your membership at section 10
We will not provide you with prior notice that your membership is due to renew automatically or that your membership will expire.
- Terminating or changing your membership
Regardless of the membership tier that you have joined, you will remain a member of that tier until:
- you notify us at veloviewer@gmail.com that you no longer wish to be a member of the Members’ Site or the services we offer with immediate effect;
- your membership expires because you cancelled recurring payments for your membership in your PayPal account; or
- you upgrade or downgrade the membership tier that you are currently on.
If you terminate or change your membership prior to the renewal date of your membership, you will not be entitled to a refund. If you are upgrading your membership, you will be required to pay the relevant subscription fee for your new membership tier in accordance with section 9 above. The date on which you pay the new membership subscription fee will be the commencement date of that membership year.
Shortly following the termination or expiry of your membership, we will email you to notify you that you are no longer a member and can no longer access the Members’ Site. If this was in error, or you have changed your mind about ending your membership, please contact us at veloviewer@gmail.com within 30 days of the expiry date of your membership.
- How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off or download one copy, and may download extracts, of any page(s) from our site for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a written licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- No text or data mining, or web scraping
You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
- any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same; and
- any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this section should be treated as an express reservation of our rights in this regard.
This section will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
- Do not rely on information on our site
The content on our site is provided for general information only. It is not intended to amount to training or health or other advice on which you should rely. You must obtain professional or specialist advice (including medical advice) before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
- We are not responsible for websites we link to
Where our site contains links to other websites, content and resources provided by third parties, including Strava, those links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, content or information you may obtain from them.
We have no control over the contents of those sites or resources.
- User-generated content is not approved by us
Our site may include information and materials uploaded by other users of our site, including from Strava. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
- How to complain about or report content
If you become aware of any material that is illegal, or if you wish to complain about any other content on our site, please contact us immediately on veloviewer@gmail.com.
- Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user (prior to you entering a binding agreement with us):
- 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 and for fraud or fraudulent misrepresentation.
- we assume no liability for any liability, damage and/or injury caused by the use of our site (including the Members’ Site) while riding, running, walking, climbing, hiking, exercising or driving (including but not limited to cars, motorbikes and bicycles) (Travelling) anywhere in the world. You assume all liability for use of our site (including the Members’ Site) while Travelling whether or not such use of our site or the Members’ Site while Travelling is in contravention of the laws of the jurisdiction in which the Travelling takes place.
- you should comply at all times with all road laws (for example, speed limits) and all access laws (for example, not trespassing) local to the jurisdiction or territory you are in. We assume no liability, and you are responsible for all liability, for any local laws or regulations that you infringe, break or violate while using our site or the Members’ Site.
If you are a business user (prior to you entering a binding agreement with us):
- we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity,
- damage to or loss of goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer:
- please note that we provide our site only for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- if defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that was caused by you failing to have in place the minimum system or software requirements advised by us.
- How we may use your personal information
We will use your personal information only as set out in our Privacy Policy.
- Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out in these terms. This includes all content that you upload to Strava and which is automatically uploaded to our site.
You warrant that any such contribution does comply with such standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered to be non-confidential and non-proprietary. You retain all of your ownership rights in your content but, by uploading it, you grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the section Rights you are giving us to use material you upload at section 23 below. However, any content you upload to our site will initially be private, and only visible by you. If you wish for such content to become visible publicly by persons other than you and us, you should consent to your content being made public by checking the tick box in your VeloViewer account page.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
Although we do not moderate content uploaded to our site, we have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.
If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact veloviewer@gmail.com.
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
You must not upload any material that is clearly illegal or that breaches any regulations to which we are subject, including content that would result in us being in breach of applicable data protection laws (including, but not limited to, the UK General Data Protection Regulation).
- Your rights to claim against us if we restrict access to your content
If we restrict access to any content you upload to our site in a way that materially breaches these terms, you have a right to bring a claim against us for breach of contract.
- We will suspend your service if you upload illegal content
If you upload material that is clearly illegal, we may, in our sole and absolute discretion, suspend your access to our site for a reasonable period of time. We will warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:
- how many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time;
- the gravity of the misuse, including the nature of the illegal content and its consequences (potential or otherwise); and
- where possible to identify, your intention in posting the material.
If you frequently or regularly submit notices or complaints that are clearly unfounded and submitted in bad faith, we may, in our sole and absolute discretion, suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:
- how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;
- the gravity of the misuse; and
- where possible to identify, your intention in submitting the notices or complaints.
- Your rights to claim against us if we suspend or ban your use of our site
If we suspend or ban you from using our site in a way that materially breaches these terms, you have a right to bring a claim against us for breach of contract.
- Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the following rights to use that content:
- a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, analyse, prepare derivative works of, and display that user-generated content, including the data embodied within such content and the right to aggregate such data within the content of users, in connection with the service provided by our site and across different media including to promote our site;
- a perpetual worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content in accordance with the functionality of our site, if you have consented to such content becoming visible to the public in accordance with the terms of Uploading content to our site at section 19
- We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your devices, information technology, computer programmes and platform to access our site. You should use your own virus protection tools/software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- Rules about linking to our site
You may link to the home page of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in/on any website or platform or media that is not owned by you.
Our site must not be framed on any other website or platform or media, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website or platform or media in/on which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to link to or make any use of content on our site other than that set out above, please contact veloviewer@gmail.com.
- Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- Users located outside of the United Kingdom
Your access to our site, and your use or receipt of our services and membership with us may be subject to other laws and you must comply with all applicable laws and regulations (whether of the country in which you reside or from which you access our site or use our services, or otherwise). We will not be liable or responsible if you break any such law or regulation.
We make no representation that our site, or the use or receipt of our services and membership with us are appropriate, available or permitted in a jurisdiction or territory located outside of the United Kingdom. If you access our site, use or receive our services or apply for membership with us from any such jurisdiction or territory, you do so out of your own volition.
- Our trade marks are registered
VeloViewer is a UK registered trade mark of VeloViewer Limited. You are not permitted to use it without our approval, unless as part of material you are using as permitted under these terms.