Terms and Conditions

Last updated: 22 May, 2024

Welcome to cyclingspots.com, a website owned and operated by CyclingSpots (“us”, “we”, or “our”). By accessing or using our website, you agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms, do not use our website.

Use of our website

Our website is for your personal and non-commercial use. You may not use our website for any illegal or unauthorized purpose. You may not use our website to transmit any viruses or other harmful content.

We reserve the right to restrict or terminate your access to our website at any time without notice.

Content on our website

All content on our website, including but not limited to text, graphics, images, and software, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may not use any content on our website for commercial purposes without our express written consent.

Ownership of Content & Local Expert Agreement

Each designated content contributors, known as “Local Experts” is engaged by us to provide their local knowledge including, but not limited to, cycling and travel information in their own specific “region”. Engagement is generally confirmed via email only.

Each Local Expert retains the rights to the written content, images & photography provided to us to be hosted on the website. No other party, including internet bots or artificial intelligence systems shall use this content or reproduce it in any form. This ‘written content’ defined above is limited to the paragraphs that describe their specific region and paragraphs that describe “Cycling Spots” (places for cycling) within the Local Expert’s designated region only.

CyclingSpots retains the rights to the data used to identify and locate all “Spots” (cycling spots and all local business spots) on the website maps, even if that information was provided by the Local Expert. This includes but is not limited to names, contact details, geolocation data, GPX files, statistics etc.

These terms and conditions serve as the agreement for that engagement. The agreement is indefinite until termination is given by either party.

All correspondence between CyclingSpot and the Local Expert must be conducted only via the designated email used by the Local Expert to login to the website’s Dashboard and hello@cyclingspots.com.

Termination of the engagement between CyclingSpots or the Local Expert can be initiated by either two parties by email at any time. This initial termination email must state the termination date. The period of time for the termination to be finalised must be no less than two months and no longer than 6 months from the date the email is sent. This period is to allow CyclingSpots to find a new Local Expert without interrupting the activity or integrity of the website. This “changeover period” must be sufficient enough to allow the removal of the outgoing Local Expert’s content and data from the website’s database and repopulate the database with the incoming Local Expert’s new content, all before the final termination date.

Commission amounts are confidential and confirmed in email form by CyclingSpots. Such emails form part of this agreement. Once the termination period has been initiated, CyclingSpots shall not be liable to pay out any commissions or payments hat may be due or owing to to the Local Expert.

If the Local Expert believes that their intellectual property remains on the site or they have commissions outstanding after the termination period as ended, communication with CyclingSpots must be carried out through legal counsel only. CyclingSpots reserves the right to change the statute and/or ownership of the business without impacting this agreement.

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content on our website or endorse any opinions expressed therein. You acknowledge that any reliance on any content on our website will be at your own risk.

Submissions

If you submit any content to be published on our website, you grant us a worldwide, perpetual, irrevocable, royalty-free, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your submission. You represent and warrant that you own or have the necessary rights to grant this license and that your submission does not violate any laws or the rights of any third party.

We reserve the right to edit, refuse to publish, or remove any submission at any time and for any reason.

Links to other websites

Links to other websites Our website may contain links to third-party websites. We have no control over, and are not responsible for, the content or privacy practices of these websites.

Disclaimers

Our website is provided “as is” and “as available” without warranty of any kind, either express or implied. We do not guarantee that our website will be available at all times or that it will be free from errors or viruses.

Limitation of liability

We will not be liable for any damages of any kind arising from the use of our website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Waiver of liability

Both cycling, exercising & travel come with inherent risks and dangers. We, and our contributors (“local experts”), take no responsibility for any loss, theft or damage of property, personal injuries or death that may result from anyone who has consulted information in this website. Before planning, booking and undertaking any travel or sporting activities, all users of the site must take personal responsibility for the activities they undertake including, but not limited to, seeking up to date medical advice, also with the understanding that it is possible that underlying health issues are not be detected by health professionals. We also encourages all users to take insurances policies to protect their personal health and property while conducting and exercise and/or travel activities. We waive all legal responsibility for financial losses that may occur from bookings or purchases of travel related activities. CyclingSpots takes no liability for actions taken nor the information provided by contributors (Local Experts) or sponsors nor the business activities that they conduct with anyone who has consulted or not consulted the website.

Governing law and jurisdiction

These Terms and Conditions and your use of our website will be governed by and construed in accordance with the laws of France and the European Union, without giving effect to any principles of conflicts of law. Any disputes arising out of or in connection with these terms or our website will be subject to the exclusive jurisdiction of the courts of France.

Changes to these terms

We reserve the right to modify these Terms and Conditions at any time. We encourage you to review these terms periodically for updates.

Custom Routes Terms and Conditions

Disclaimer of Liability

No Warranty: The Custom Routes provided through our web app are created by local cycling experts based on their knowledge and experience. While we strive to ensure that these routes are of high quality and safe to ride, we do not warrant or guarantee the safety, accuracy, or suitability of any route for your specific needs.

Assumption of Risk: By using our Custom Routes, you acknowledge and agree that cycling involves inherent risks, including but not limited to, the risk of property damage, personal injury, or death. You voluntarily assume all risks associated with the use of these routes.

Limitation of Liability: To the maximum extent permitted by applicable law, neither our business nor the local experts shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, including but not limited to, property damage, personal injury, or death, arising out of or in connection with your use of the Custom Routes, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

User Responsibility

Route Verification: It is the responsibility of the user to verify the current conditions and suitability of the route before undertaking it. This includes checking for any changes in the route, weather conditions, traffic regulations, and any other factors that might affect safety.

Equipment and Skills: Users are responsible for ensuring that they have the appropriate skills, fitness level, and equipment to safely complete the chosen route. This includes wearing proper safety gear, such as helmets, and ensuring that their bicycle is in good working condition.

Third-Party Services

Independent Contractors: The local experts providing the Custom Routes are independent contractors and are not employees, agents, or representatives of our business. As such, we are not responsible for the actions, errors, omissions, representations, warranties, breaches, or negligence of any such local experts or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

Indemnification

Indemnity: You agree to indemnify, defend, and hold harmless our business and the local experts from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Custom Routes, your violation of these terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Refund Policy

No Refunds: All sales of Custom Routes are final. We do not offer refunds for any reason, including but not limited to, dissatisfaction with the route, changes in personal circumstances, or inability to complete the route. Please ensure you are fully committed to your purchase before finalizing your order.

Prohibited Uses

No Resale or Unauthorized Use: The Custom Routes provided are for your personal use only. You are not permitted to sell, distribute, or use these routes for guiding services or any other commercial purposes without our prior written consent. Unauthorized use of the routes is strictly prohibited and may result in legal action.

Acceptance of Terms

Binding Agreement: By starting the process of requesting a quote for Custom Routes, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not proceed with requesting a quote.

Contact us

If you have any questions about these Terms and Conditions, please contact us