Terms of Service

HumanForest

Created by Londoners for Londoners, we are called HumanForest because that’s our vision of what our great city will become. As a tree removes CO2 from the atmosphere, people opting to make their journey on a HumanForest bike remove carbon emissions from London. Working together, trees and people can drastically reduce the amount of CO2 in the air – they become, in essence, a HumanForest.

Our e-bikes are dockless, electric and green. But, best of all, Users are given 20 minutes free to use daily. We are here to compete with the car and complement London’s public transportation network. It is our hope that you leave your car at home and take a HumanForest e-bike instead.

1. Introduction

These are the terms of supply for services ordered on humanforest.co.uk (Site) and/or through any web or mobile application we provide, which allows service ordering (Application). They apply to any services accessible through the Site and Application and to the use of the Site and Application themselves. The Site and Application are operated by or on behalf of Human Forest Limited trading as HumanForest (HumanForest, we, us and our). We are a limited company, registered in England. Our registered company number is 12352698, and our registered office is at Kilmuir House, Flat 17, 160 Ebury Street, London, England, SW1W 8TH. We are a member of CoMo UK. Our VAT registration number is 343882480.

Your downloading, accessing and/or using the Site and Application, and your purchase and use of any of the services, including the hire of any of our e-bikes, offered on the Site and Application (Services) is subject to these terms and by placing an order for and/or using any Services or the Site and Application you agree to be bound by them. You should print a copy of these terms for future reference. If you do not agree to these terms, you must not use the App, Site or the Services. The Application is available to be downloaded through the Site, the Apple Store and Google Play. Use of your personal information submitted to or via the Services, Site and Application is governed by our Privacy and Cookies Policy.

These terms were last updated on 9 June 2020.

2. Registering with Us

To use the Application and to order any Service, you must first register to set up an account with us by completing the account registration form available through the Application. You only need to register once.

To register, you must satisfy the following minimum eligibility criteria:

You must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms).

You must be able to safely use the e-bikes.

Please note that additional eligibility criteria may apply to a particular Service, where indicated on the Site and/or Application. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

To register, you must provide us with accurate, complete and up-to-date contact information, including your name, postal address, mobile phone number, date of birth, gender, email address and a valid debit or credit card (Payment Card). One debit or credit card, phone number and email is allowed per account.

You are responsible for the information you provide to us. Use of your personal information submitted to or via the Site/Application is governed by our Privacy and Cookies Policy. You must contact us promptly to notify us if you no longer satisfy all of the minimum eligibility criteria set out above (see Contacting us) and promptly update your account information within the Site/Application in the event of any changes to this information.

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification email from us.

We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these terms, you agree to our doing so.

We take fraud seriously, both for your protection and ours. If we suspect that any information you have provided to us is inaccurate, incomplete or fraudulent, we may suspend or terminate your account if and until the issue is resolved. During that time, you will lose access to all of our Services (including the Site and Application), either temporarily or permanently.

3. Username and password

Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

Passwords are our property and we reserve the right to alter or replace them, or require you to do so, at any time in our sole discretion.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

4. Our Services

The Services are described on the Site and Application. We warrant that the Services will substantially conform to the relevant description on the Site/Application and will be provided with reasonable care and skill.

You must use the Application to locate, unlock, rent and lock our available e-bikes.

Only one e-bike can be hired at any one time.

The e-bikes rely on, and can be found within, "Permitted Zones". Permitted Zones can be identified on the Application and are updated by HumanForest from time to time. We use reasonable endeavours to ensure that our e-bikes are available within the Permitted Zones. However, we cannot guarantee the availability of e-bikes for hire from within the Permitted Zones (or otherwise) and for supply and related reasons we reserve the right to accept or reject your reservation requests.

5. Rules for using the Services, Application and Site

You acknowledge and agree that you are solely responsible for all use you make of any Services, the Application and the Site.

You also agree to the following rules for using the Services, the Application and the Site.

5.1 What you must do:

• You must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms).
• You must be able to operate our e-bikes in a safe and competent manner (see Safety). You must know how to use our e-bikes and be physically able to do so.
• You must conduct basic safety checks of our e-bikes before starting your trip (see Safety).
• You must conduct basic safety checks of our e-bikes before starting your trip (see Safety) and use the disinfectant spray provided (see Cleaning).
• You must ride responsibly, taking into account weather conditions, traffic, road congestion and other factors. You understand that adverse weather conditions can impact safety and you must able to respond accordingly (like adjusting your braking distance in the rain, for example). This may also mean not using our e-bikes at all. Also note that we do not provide routing directions or advice, so the route you choose is up to you.
• You must treat our e-bikes as if they are your own and with due care.
• You must familiarise yourself with, and comply with, local law governing your use of the Services, Application and Site (including laws governing the use of footpaths and pavements and parking).
• You must report any accident, crash, damage, personal injury or a stolen or lost e-bike to us as soon as possible (see Contacting us). If an accident involves personal injury, property damage or a stolen e-bike, you must file a report with the local police department within 24 hours.
• You must ensure your phone has adequate battery charge so that you can access the Application in order to end your trip and return and lock the e-bike. You will not be able to end your trip without access to the App.

5.1 What you must NOT do:

• You must NOT use our Services, the Application or the Site for hire, reward or for any other commercial use (such as: advertising, ridesharing or food delivery).
• You must NOT use our Services, the Application or the Site in connection with the violation of any law.
• You must NOT use our Services, the Application or the Site in connection with the violation of any law.You must NOT use our Services, the Application or the Site in connection with the violation of any law.
• You must NOT cause any disruption to the public realm or obstruct or block any pedestrian traffic or footpaths and pavements.
• You must NOT use our Services, the Application or the Site in prohibited areas.
• You must NOT tamper with, vandalise or try to gain unauthorised access to our Services, the Application or the Site, including by removing or changing any content of the Site or attempting to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted or seeking to store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site.
• You must NOT create links to the Application or Site from any other website, without our prior written consent.
• You must NOT republish, redistribute or re-transmit the Application or copy or store the Application other than for your use as permitted by these terms and as may occur incidentally in the normal course of the use of your browser or mobile device.
• You must NOT use the Service, Application or Site in a way that might damage our name or reputation or that of any of our affiliates.
• You must NOT ride our e-bikes under the influence of alcohol or drugs this is strictly prohibited.
• You must NOT use the e-bike baskets to store, hold or transport anything weighing more than 5kg.

7. Safety

Safety checks

We work hard to keep our e-bikes in good condition, but they are subject to frequent use. You must perform a safety check on our e-bikes before use, including by undertaking the following actions:

Check the e-bikes general condition (wheels, tires, etc.)
Do the e-bikes brakes and lights work?
Are the seat, pedals and basket properly attached?
Is the battery sufficiently charged to complete your journey?
Is there any other sign of damage, unusual or excessive wear or is maintenance needed?

We check the condition of the e-bikes regularly, but if your safety check finds that something has happened, such that there is a deficiency or fault with the e-bike or it is not working properly or requires maintenance, we need you to please tell us so that we can rectify this as soon as possible (see Contacting us). If you notice any of these or other issues in one of our e-bikes before your use, please do not use it and find and use an alternative one of our e-bikes. Further, If you notice any of these or other issues in one of our e-bikes during your trip, please stop your trip as soon as you safely can.

Please note that if you fail to report any of these or other issues in one of our e-bikes this means it is difficult for us to identify the causation of any faults and unfortunately we may have to attribute the fault to you (including requiring that you meet any associated costs). Please report any issues as soon as you can.

7.1 Cleaning

We regularly conduct a thorough cleaning and sanitising of all e-bikes. We recommend that you wipe down the surfaces of the brakes and handlebars with the spray provided before use and wear gloves whilst riding.

If we are notified of an e-bike being ridden by a user with Coronavirus, the e-bike will immediately be taken out of service and fully sanitised. Only after three days will it be returned to service.

7.2 Helmets

We recommend that you wear an appropriate helmet any time you use any of our e-bikes. The helmet should be sized, fitted and fastened per the manufacturer instructions. Helmets and other protective gear are no guarantee against personal injury. In the event that a helmet is required by law, you must wear one if those laws apply to you. If you choose not to wear a helmet and are injured, you chose to take that risk and we are not responsible for how you ride the bike (unless something we did was the actual cause of such injury).

7.3 General safety during riding

Your safety is the most important thing for us. We ask that you ride our e-bikes with care, treat them like your own and be mindful of your surroundings. Doing all that, we are confident that your riding experience will be a great one!

This means you should not carry any animals or personal items (like a briefcase or a bag) or use any device (like a mobile phone or another portable device) if they impair or hinder with your vision or safe use of our Services (no texting while using our Services, for example). There will not always be a designated place for you to ride, such as a bike lane, so please exercise caution when riding around cars and other traffic (we are not responsible for the actions of drivers).

8. Your ride

Once you have registered and set up an account with us, Services may be ordered by clicking on the Service you wish to purchase and then following the prompts that will appear on-screen on the Site/Application. You may check and correct any input errors in your order up until the point at which you submit your order to us.

Your orders will be submitted when you touch the “Slide to reForest” button on the applicable checkout page or scan the QR code displayed on the e-bike. At this point, you will be accepting these Terms of Service and are liable to pay.

Your order constitutes an offer to us to purchase the ordered Service(s) subject to the terms and conditions of these Terms of Service. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order for any reason. You do, however, acknowledge that by clicking on the order in the manner described above, you enter into an obligation to pay for the Services. Where we accept your order, we will confirm such acceptance by sending you a confirmation of your order (Order Confirmation) via a message in the App or notification. The contract between you and us in relation to the Service(s) ordered (Contract) will only be formed when we send you the Order Confirmation. We will also be able to access any Contract in your App.

8.1 Starting your trip

Your "Hire Period" starts when you scan one of the QR codes displayed on the e-bike or within the Application by touching the “Slide to reForest” button.

8.2 Pausing your trip

During your Hire Period, depending on your location you may pause your Hire Period by touching “P Mode” in the Application. The Application will indicate where you can and cannot pause your Hire Period depending on your position. You must check the Application for instructions and ensure that the e-bike does not cause any disruption to the public realm and if you pause your Hire Period make sure the footpath remains clear. Once your free 10 minutes daily is used up, you will be charged £0.15p per minute.

8.3 Ending your trip

To successfully end your trip and return your e-bike, you must be within a Permitted Parking Zone. The Application will indicate where you can and cannot return your e-bike based on the Permitted Zones. You will not be able to return and lock your e-bike and end the trip unless you are in one of the Permitted Zones.

The Hire Period ends when the e-bike is returned to a Permitted Zone and then by clicking the “End” button in the Application after which the e-bike will lock automatically. Please be aware that you MUST use your phone to lock the e-bike, otherwise the HumanForest team will have to do it for you and you will be charged the usual £0.15p per minute and a locking fee of £5. You are responsible for ensuring the Hire Period has correctly ended.

If you fail to return an e-bike to a Permitted Zone and valid area where the e-bike can be readily retrieved (for example, you have to leave it on private property, in a locked community or an otherwise unreachable area) we will be required to pick-up the e-bike and return it to a Permitted Zone and valid area. HumanForest charges a fee of up to £250 to recover and retrieve the e-bike. The fee will be notified through the Application and charged automatically according to your Payment Card. Any fines incurred will be charged in the same way. If you disagree with any charge, please contact us within 30 days (see Contacting us).

Please don’t lock up any e-bike with a lock that is not ours. This means we cannot unlock it and may charge you a fee of up to £250 depending on our costs incurred in unlocking any e-bike due to your actions.

9. Abandoning the e-bike

If you abandon an e-bike, you will continue to be charged per minute. e-bikes which are left stationary for over 20 minutes without pause during a Hire Period will be treated as having been abandoned, you will be locked out from the e-bike and the e-bike will be retrieved by our operations team. Until the e-bike is retrieved, you are responsible for all associated fees and fines.

If you fail to return an e-bike to a Permitted Zone and valid area where the e-bike can be readily retrieved (for example, you have to leave it on private property, in a locked community or an otherwise unreachable area) we will be required to pick-up the e-bike and return it to a Permitted Zone and valid area. HumanForest charges a fee of up to £250 to recover and retrieve the e-bike. The fee will be notified through the Application and charged automatically according to your Payment Card. Any fines incurred will be charged in the same way. If you disagree with any charge, please contact us within 30 days (see Contacting us).

10. Maximum hire

The maximum Bike Hire Period is 23 hours. You need to end the Hire Period before you reach 23 hours. This is so we can check on the status of the e-bike and its location. Another trip can be commenced, on the same e-bike, directly afterwards. e-bikes not returned within 23 hours will be deemed abandoned, lost or stolen. In such an event, we reserve the right to report you to the police and exclude you from using our e-bikes in the future.

11. E-bikes

Our e-bikes require battery charging to operate, which we administer frequently. The level of battery charge will decrease with use over both time and distance. The e-bikes lose their battery charge for various reasons, including due to weather, road conditions, type and manufacture and other factors.

It is your responsibility to be aware of the level of battery charge in the e-bikes that you rent and to use your judgment to decide whether the e-bikes current battery charge level will get you where you intend to go. As part of our Services, we work to ensure that our e-bikes have adequate battery charge for your general use, but we do not know where you intend to go and we cannot guarantee a particular e-bike will have enough battery charge power to get you there.

E-bikes with less than 10% charge will not be available to hire.

11. Damage

Other than normal wear and tear, you must return the e-bike (meaning return and lock your e-bike within a Permitted Zone) in the same condition in which you received it. If you damage the e-bike (accidentally or intentionally) or fail to properly return it and damage occurs, you will be responsible for the associated costs. e-bike repair and replacement can amount to up to £2,000 per e-bike based upon the costs of repair or replacement. The same charges will apply for any e-bike not returned within 23 hours of hire, which we will consider lost or stolen and, depending on the circumstances, we may need to file a police report against you. We also reserve the right to take any action against you that the law allows, including holding you liable for the value of the e-bike.

You must report any accident, crash, damage, personal injury, or a stolen or lost e-bike to us as soon as possible. If an accident involves personal injury, property damage or a stolen e-bike, you must file a report with the local police department within 24 hours.

12. Charges and payment

The charges for Services are as quoted on the Site and Application. Charges include VAT. Please note that we may change the pricing for our Services as we deem necessary or appropriate for our business.

Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Payment for all orders will be charged to your Payment Card designated in your account. We accept payment by most major credit and debit cards. Please note that, for security reasons, the statement address for the Payment Card you use to pay must be the same as your contact address for the order. You may only use a payment method that you have the legal right to use and you authorise us to charge this payment method for any charges that you incur.

All payments to us are made through a third-party payment processor in the form of payment accepted by them. Our third party payment processor is Stripe who collects and holds payment information. By registering the Payment Card you agree that this can be used to pay relevant fees and fines including (without limitation) fees for hire, pausing a hire, any relocation or retrieval fees, fines and additional charges (as notified to you in writing) for damage or failure to return an e-bike as well as any other fees and charges identified in these terms.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the charges for the Service(s) ordered through the Site or Application, subject to the terms under which they were issued (as indicated in our relevant promotion from which you received the code). These terms may require your agreement to take part in the application promotions. Discount codes can only be used once, only redeemable via the Site/Application, only during the period of validity stated and only in respect of the relevant Service(s) stated. Discount codes cannot be redeemed for cash. Any discount codes you accrue will be used on a first in-first out basis in the order in which you have accrued them.

You are responsible for all charges to your account. If you have questions regarding charges to your account, you should contact us (see Contacting us).

We will endeavour to take payment in respect of all charges to your account from the same Payment Card that you have previously paid with (unless you have provided details of an alternative Payment Card in your name that we should use). You authorise us, on an ongoing basis, to debit that Payment Card (or, if relevant, the alternative Payment Card) automatically with all charges due and payable by you in relation to any Service in accordance with these terms, until that Service is cancelled or your account is closed.

If you do not pay us charges that you owe to us on time (including if any correct charge to your Payment Card is not authorised), we may suspend or terminate your access to any Service (including the Application and Site) (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.

If you disagree with any charges we have made to your account, you must let us know as soon as possible after you have become aware of the issue. To resolve any disputed charges, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, we do not offer refunds for your use of our Services, and any exceptions to this policy are in our sole discretion.

13. Fines and fees

When you are using our Services, the Application or the Site, you must comply with the laws that apply to you. If you receive a ticket or a fine, cause our e-bike to be towed and/or impounded or receive any other penalties or fees, you are responsible and liable for all associated costs. We cooperate with all governmental officials in their enforcement of the applicable laws, and for expediency, we may pay amounts you owe on your behalf and provide any necessary information requested or required by the applicable government agencies. If we do so, you are required to pay us, in addition to any applicable associated costs associated with third party collection or administrative agents if we have to use them to resolve the issue. By agreeing to these terms, you agree that we may charge these amounts to your preferred payment method indicated in your account, and we may need to contact you for additional information.

14. Management of your account

You agree that you will not, nor allow anyone else, to use your account or any Service, the Application or the Site:

• to access or attempt to access any Service which you have not purchased;
• to interfere with or disrupt the provision of any Service, the Application or the Site or use any Service, the Application or the Site in a way that interferes with anyone else’s use of any Service, the Application or the Site;
• to further any criminal or fraudulent activity or to impersonate another person;
• to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); or
• otherwise in breach of any acceptable use guidelines that we may issue from time to time.

15. Intellectual Property

Subject to these terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site/Application and our related software and services on your personal device solely for your use of our Services z. Such rights are for your personal, non-commercial use only. Any rights not expressly granted herein are reserved by us and our licensors. Specifically, all intellectual property rights in any content of the Application and Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors.

You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software (or the Application and Site), nor may you reverse engineer or attempt to extract the source code of the Services or software (or the Application and Site), unless laws prohibit these restrictions or you have our written permission to do so. You must not do anything that places an unreasonably large load on our infrastructure, use any robots, spiders, scrapers or other automated means to access our Services (or the Application and Site), try to interfere with the proper working of our Service (or the Application and Site) or attempt to bypass any of our security measures to access the Services (or the Application and Site).

The Services, the Application and Site are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services, the Application and Site does not give you ownership of any intellectual property rights in our Services, the Application and Site, or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services, the Application and Site without our express prior permission or as otherwise permitted by law. These terms do not grant you the right to use any trademarks, branding or logos used in our Services, the Application and Site or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services, the Application and Site. In the event you print off, copy or store pages from the Application or Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

16. Content

We may change the format and content of the Application and Site from time to time. You agree that your use of the Application and Site is on an 'as is' and 'as available' basis and at your sole risk. Specifically, we reserve the right to change the format and features of the Application by making the updated Application available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated Application, but we may cease to provide and/or update content to prior versions of the Application and, depending on the nature of the update, in some circumstances you may not be able to continue using the Application until you have downloaded the updated version.

Whilst we try to make sure that all information contained on the Application and Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We cannot and do not guarantee that any content of the Application and Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.

17. Your personal information

We collect and use your personal information in order to provide the Services, the Application and Site to you. For example, we process information such as your name, contact details and payment details so that you can register for an account with us and use our Services, the Application and Site. It is also necessary for us to process information about you, such as information about your trips in order to provide our Services, the Application and Site. Use of your personal information submitted to or via the Service, the Application and Site is governed by our Privacy and Cookies Policy which you can access at [https://human.newterritory.studio/privacy-policy]

18. Network access and devices

You are responsible for your own network access and ensuring that you have compatible hardware or devices as is necessary to access and use the Services (including the Site/Application) and any updates thereto. Your own mobile network's data and messaging rates and fees may apply if you access or use the Services, the Application or Site from your device and we are not responsibly for liable for any such charges. We are unable to and do not warrant that the Services, the Application and Site, or any portion thereof, will function on any particular hardware or devices. In addition, the Services, the Application and Site may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

19. Changes to the Service, charges and terms

As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to any Service, the Application and Site, charges and/or to these terms from time to time, provided that no such change will affect any Contract you have already have with us. The revised version will be effective when posted on the Site/Application. The revised terms will supersede any previous versions. We recommend that you regularly review these terms because your continued use of our Services, the Application and Site after we make any changes to them constitutes your agreement to those changes.

20. Consumer cancellation rights

You normally have the right to cancel a Contract within 14 days after the date we send you the Order Confirmation. However, you acknowledge that we start provision of the Service immediately following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations once the Service has been fully carried out.

To cancel your Account / Contract, you must clearly inform us, preferably, in writing by email giving us your name, address and order reference;

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

21. Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site and/or Application (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may, with or without prior notice, terminate any Contract or suspend and/or terminate any Service and/or your use of your account (including your use of the Application and Site) in the event that:

• you have breached any of these terms;
• you fail to pay any correctly billed charges when due; or
• you become insolvent or make a composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

• issue of a warning to you;
• immediate, temporary or permanent removal of any content submitted by you;
• immediate, temporary or permanent withdrawal of your right to use any Service, the Application and Site;
• legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
• disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract or Service or your account, for any reason:

• all rights granted to you under these terms will immediately cease;
• you must promptly discontinue all use of the relevant Service, the Application and Site; and
• you must pay us all outstanding amounts that you owe to us.

You may request to terminate your account at any time by notifying us of your wish to do so (see Contacting us). We will terminate your account and delete your account information (subject to our Privacy Policy) as soon as reasonably practical after any and all fees and fines have been paid and any outstanding disputes have been resolved.

22. Our liability

Nothing in these terms shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.

Further, we cannot guarantee the continuous, uninterrupted or error-free operability of the Application or the Site. There may be times when certain features, parts or content of the Site, or the entire Application or the Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Application or the Site, or any features, parts or content of the Application or the Site.

Subject to the above, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential or special losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Any liability we do have for losses you suffer arising from any Contract shall not, in respect of any 12-month period (calculated from the date of that Contract), exceed the charges payable by you for the relevant Service(s) in that 12-month period and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time that your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

Our e-bikes are electronic machines and there is an inherent risk associated with using them, including due to malfunction and loss of battery charge, no matter how well they are maintained. These risks are not always obvious, and they may cause property damage, injury or even death to you or others. Subject to the above, by using our Services, the Application and Site, you agree that you understand these risks, that it is your responsibility to use our services safely. You are responsible for any harm or injury you cause to yourself, other people or property (unless something we did or didn’t do was the actual cause of such harm).

23. Your responsibilities

To the extent permitted by applicable law, you agree that you are responsible for any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including reasonable legal fees and court costs) arising out of or in connection with (i) your breach or violation of any of these terms or any applicable law, (ii) any of our use of your content, or (iii) your violation of the rights of any third party. You agree that these obligations will survive any termination of these terms, your Contract, your user account or your access to our Services, the Application and Site generally.

24. Third-party service and content

The Services, the Application and Site may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We do not endorse these third-party services and content and we are not responsible or liable for any of their products or services. Additionally, Apple Inc., Google, Inc. and Microsoft Corporation will be a third-party beneficiary to these terms if you access the Services, the Application and Site using applications developed for Apple iOS, Android or Microsoft Windows-powered mobile devices, respectively. Further, certain third-party platform providers with whose devices and/or operating systems the Application has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These provisions come from the relevant third party platform providers, not us.

Third-party application stores are operated by the relevant third-party platform providers and/or their affiliates. Your access to the Services, the Application and Site using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.
We are not responsible for these stores or (with the exception of the Application) for anything provided by them and do not guarantee that they will be continuously available. Similarly, these third-party beneficiaries are not parties to these Terms of Service and are not responsible for the provision or support of the Services, the Application and Site in any manner

25. Content provided by you

You may at times be invited to submit content to us (like a comment to a blog post, to participate in our communities or provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted and to the extent permissible by applicable law. This licence continues even if you stop using our Services, the Application and Site. If you submit feedback or suggestions about our Services, the Application and Site, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential.

You must not submit any content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions) or that constitutes “spam” or unsolicited advertising. Submission of any of the following may result in suspension or termination of your user account, including where required by law). We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice, subject to applicable law.

26. General

You may not transfer or assign any or all of your rights or obligations under any Contract. We may assign any Contract without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this is void.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

You can lodge a query or complaint (and even a nice message!) with our Customer Centre at any time. Our Customer Centre team are also available 9am – 5pm sveen days a week for Users who wish to speak with our support staff. Our Contact Centre details and contact information can be found in the App.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent of HumanForest.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform ec.europa.eu/consumers/odr provides information about alternative dispute resolution which may be of interest.

27. Contacting us

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered, or the Application or Site, by email to [email protected], by telephone on +44 7480 788294 between the hours of 9am to 5pm, Monday to Friday, or write to us at:

HumanForest
20 Lambs Conduit St
London WC1N 3LE