T&C for Service

Welcome to PedalBar Cycling Studio! Please read these terms of service (“Terms of Service”) carefully. They apply to your use of: (1) the PedalBar Cycling Studio (“PedalBar”) website at www.pedalbarcycling.com (the “PedalBar Website”); and (2) the related online services offered by PedalBar through the PedalBar Website. We will refer to the PedalBar Website and related services offered through the PedalBar Website as the “PedalBar Internet Services.” A “User” is someone who uses the PedalBar Internet Services.

The Terms of Service set forth the legally binding terms for your use of the PedalBar Internet Services. By using the PedalBar Internet Services, you agree to be bound by the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not access or use the PedalBar Internet Services.

We describe how we handle your information when you use the PedalBar Internet Services in our Privacy Policy. Please read the Privacy Policy carefully because, by using the PedalBar Internet Services, you agree that PedalBar can collect, use and transfer your information consistent with that policy.

If you wish to become a Participant (anyone who purchases a class credit or package, attends a Cycling Training class or who receives any other service provided by PedalBar) or Member (anyone who purchases or possesses a PedalBar Membership), you must read and accept these Terms of Service, PedalBar’s Privacy Policy and Terms and Conditions (together, the “PedalBar Policies”). You must indicate your acceptance of the Terms of Service and Privacy Policy during the registration process when you create a PedalBar account and of the Terms and Conditions when you make a purchase.

THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU AND PEDALBAR AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

PedalBar may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.pedalbarcycling.com. Your continued use of the PedalBar Internet Services constitutes your acceptance of such changes.

1. ELIGIBILITY TO USE SERVICES

The PedalBar Internet Services are intended solely for Users who are 16 years of age or older. Any registration by, use of or access to the PedalBar Internet Services by anyone under 16 is unauthorized and in violation of these Terms of Service. By using the PedalBar Internet Services, you represent and warrant that you are 16 years of age or older and that you agree to abide by the Terms of Service.

Moreover, to accept the Terms of Services, you affirm that you are either at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. Minors between the ages of 16 and 18 may only use the PedalBar Internet Services with the involvement of a parent or guardian. A Parental/Legal Guardian Consent Form can be found HERE. Please contact us at admin@pedalbarcycling.com for more information about registering a minor.

The PedalBar Internet Services may include features that promote physical activity. Consider the risks involved and consult with your physician or a medical professional before engaging in any physical activity. PedalBar is not responsible or liable for any injuries or damages you may sustain that result from any classes or activities promoted through the PedalBar Internet Services. Please see PedalBar’s Terms and Conditions for more information about conduct, risks and safety.

2. YOUR PEDALBAR ACCOUNT

In order to access some features of the PedalBar Internet Services, you will have to create a PedalBar account (“Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another PedalBar account holder at any time or to disclose your password to any third party. You may never create an account using a false identity or information, on behalf of someone other than yourself or use another person’s account without permission.

You agree to notify PedalBar immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. Although PedalBar will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of PedalBar or others due to such unauthorized use.

These Terms of Service shall remain in full force and effect while you use the PedalBar Internet Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason and in accordance with PedalBar’s Terms and Conditions, by following the instructions on the “My Account” page. PedalBar may terminate your Account at any time, without warning and in PedalBar’s sole discretion, if you breach these Terms of Service, or otherwise.

If PedalBar terminates your Account because you have breached the Terms of Service, you may not be entitled to a refund of any unused credits, classes, or Membership, unless otherwise required by law. Please see PedalBar’s Terms and Conditions for additional information about payment obligations of PedalBar Members and Participants.

3. RIGHTS AND RESTRICTIONS

PedalBar hereby grants you permission to access and use the PedalBar Website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the PedalBar Website, without PedalBar’s prior written authorization, and you agree not to alter or modify any part of the PedalBar Website or any of its related technologies.

PedalBar reserves the right to discontinue any aspect of the PedalBar Website at any time.

In addition, the following restrictions and conditions apply specifically to your use of content on the PedalBar Website.

The content on the PedalBar Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, trade dress and logos contained therein, including “PedalBar” “PedalBar Cycling Studio” and the “bull/bike PB” logo, (together, the “Marks”), are owned by or licensed to PedalBar and subject to copyright and other intellectual property rights under the law. Content on the PedalBar Website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PedalBar and any other respective owners. PedalBar reserves all rights not expressly granted in and to the PedalBar Website and the Content.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that PedalBar’s Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PedalBar. You agree not to circumvent, disable or otherwise interfere with security-related features of the PedalBar Website or App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PedalBar Website or the Content therein.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, materials or any other content or information provided by you to PedalBar are non-confidential and shall become the sole property of PedalBar. PedalBar shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PedalBar will terminate a User’s access to the PedalBar Internet Services, if, in PedalBar’s sole discretion, they are determined to violate the Terms of Service or any other policy of PedalBar.

4. MOBILE SERVICES AND DATA CHARGES

The PedalBar Internet Services may include certain services available via your mobile phone, including but not limited to (1) the ability to book and/or purchase PedalBar memberships and classes via your mobile phone, (2) the ability to receive PedalBar messages, including by email, text and push notifications, and to reply to certain PedalBar messages and (3) the ability to browse PedalBar from your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.

In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding PedalBar and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

5. SERVICES AND PRODUCT ORDERS

All orders placed through the PedalBar Internet Services are subject to PedalBar’s acceptance. This means that PedalBar may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your debit/credit card has already been charged for an order that is later cancelled, PedalBar will issue you a refund. Please see PedalBar’s Terms and Conditions for more information about payment obligations.

6. THIRD PARTY CONTENT AND SERVICES

The PedalBar Website may contain links to third party websites that are not owned or controlled by PedalBar. PedalBar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, PedalBar will not and cannot censor or edit the content of any third-party site. By using the PedalBar Website, you expressly relieve and release PedalBar from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the PedalBar Website and to read the terms and privacy policy of each other website that you visit. Upon leaving the PedalBar Website, these Terms of Service shall no longer govern.

7. DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE PEDALBAR INTERNET SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PEDALBAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PEDALBAR WEBSITE AND YOUR USE THEREOF. PEDALBAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PEDALBAR WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE PEDALBAR WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PEDALBAR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE PEDALBAR INTERNET SERVICES, WHETHER ONLINE OR OFFLINE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PEDALBAR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PEDALBAR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PEDALBAR WEBSITE.

PEDALBAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PEDALBAR WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PEDALBAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE PEDALBAR INTERNET SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND PEDALBAR EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL PEDALBAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PEDALBAR INTERNET SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PEDALBAR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PEDALBAR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PEDALBAR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PEDALBAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The PedalBar Website is controlled and offered by PedalBar from its facilities in Nigeria. PedalBar makes no representations that the PedalBar Website is appropriate or available for use in other locations. Those who access or use the PedalBar Website from other locations do so at their own volition and are responsible for compliance with local law.

9. INDEMNITY

You agree to defend, indemnify and hold harmless PedalBar, its parent company, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney/lawyer’s fees) arising from your use of and access to the PedalBar Internet Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the PedalBar Internet Services.

10. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PedalBar without restriction.

11. ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND PEDALBAR TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.

A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the PedalBar Policies, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and PedalBar, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the PedalBar Policies.

B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to PedalBar should be sent to: GT Oasis Limited, dba PedalBar Cycling Studio, Studio 202, 8A Fola Osibo Street, Lekki Phase 1, Lagos, Nigeria, Attention: Legal. After the Notice is received, you and PedalBar may attempt to resolve the claim or dispute informally. If you and PedalBar do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

C. Arbitration Rules. Any dispute arising out of or in connection with this Agreement shall be submitted to the Lagos Court of Arbitration and shall be resolved under the Rules of the Lagos Court of Arbitration. The dispute shall be resolved by a sole arbitrator. The appointment of the arbitrator shall be in accordance with the said rules, and the Award/Decision of the arbitrator shall be final and binding on the parties. The seat of arbitration shall be in Lagos, Nigeria and the language to be used in the arbitral proceedings shall be English.

D. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and PedalBar, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Rules of the Lagos Court of Arbitration, and the Terms of Service. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and PedalBar.

E. Waiver of Right to go to Court. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If any litigation should arise between you and PedalBar in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PEDALBAR ELECT THAT THE DISPUTE BE RESOLVED BY A JUDGE.

F. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

G. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

H. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

I. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with PedalBar.

J. Small Claims Court. Notwithstanding the foregoing, either you or PedalBar may bring an individual action in small claims court.

K. Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

12. GOVERNING LAW, VENUE AND JURISDICTION

To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and PedalBar agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the PedalBar Policies, including the Terms of Service, shall be governed in all respects by the substantive law of the Federal Republic of Nigeria. You and PedalBar hereby consent to submit to the jurisdiction of the federal and state courts sitting in Lagos State for any actions, suits or proceedings arising out of or relating to the PedalBar Policies, including the Terms of Service that are not subject to the Arbitration Agreement.

YOU AND PEDALBAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PEDALBAR INTERNET SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.

13. ENTIRE AGREEMENT

The PedalBar Policies, including the Terms of Service, and any other legal notices published by PedalBar on the PedalBar Website, shall constitute the entire agreement between you and PedalBar concerning the PedalBar Internet Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PedalBar’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

PedalBar reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the PedalBar Internet Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

CONTACT US

PedalBar welcomes your feedback. Please contact at admin@pedalbarcycling.com with any questions or comments regarding these Terms of Service.

PedalBar’s Studio is located at Suite 202, No. 8A Fola Osibo Street, Lekki Phase 1, Lagos State, Nigeria.