Terms and Conditions

We'd all prefer to be on our bikes up to our cleats in mud, rather than wading through 'legalese'.  

It's a bit sad, really, yet necessary. Deep breathe, and....

 

Terminology applying to these Terms & Conditions also applies to our Privacy Statement

The domain innercycle.org is, along with other intellectual property, owned and operated by Innercycle CIO ("the charity"), a Charitable Incorporated Organisation registered in England & Wales, charity number 1179976.

 

Exclusions and Limitations

It is with sadness that disclaimers are necessary to adopt. However, the complicated legal system in our present society makes it imperative that such a notice is implemented.

Every reasonable precaution is taken to ensure the accuracy of information, advice and guidance as a part of service provision. Content within this website, our e-learning portal, business advice, career guidance, cycle-related information and guidance and any therapeutic-related statements are made and given in good faith and no liability shall be accepted for any errors, omissions or inaccuracies.

Therapeutic sessions are held by external 'roster' practitioners who are members of Accredited Registers. Sessions are free for beneficiaries (clients) on a self-referral basis, whereby practitioners are remunerated directly by the charity, where chargeable fees apply.

Client privilege: therapeutic sessions are strictly confidential between the accredited practitioner and the beneficiary. Consequently, no charity personnel are privy to the details of any counselling undertaken.

Any arising issues from information given or developments in connection with therapeutic practitioners are automatically referred for investigation by the practitioner's Accredited Register with outcomes subject to their discretion.

If there is a matter that you'd like us to resolve, please refer to our Complaint Handling Procedure (Public Guide). We take complaints seriously and shall give careful consideration to any issue or concern that is raised with us, in accordance with our Complaints Handling Procedure. In certain instances, we may decide that proportional redress is appropriate.

The information contained in literature and on the website is provided on an "as is" basis.

To the extent permitted by law, we:

  • exclude all representations and warranties relating to the website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the website and/or literature; and
  • exclude all liability for damages arising out of or in connection with your use of the website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Relevant charity personnel (including volunteers and outsourced providers) hold current disclosure certification, as too, any and all therapeutic practitioners on our roster, with membership of appropriate Accredited Registers a pre-requisite. Details and evidence of qualifications and experience are available upon request.

All sub-contracted parties maintain continuing professional development (CPD) as a requirement of similar and same membership and assessment, in order to provide a professional service with integrity.

We endeavour to ensure that all information, guidance, support and advice given is accurate, truthful and in compliance with appropriate English Law.

The purpose of provision ("Services") is in accordance with our charitable objects. We aim to assist individuals with mental health concerns who are accepted for enrolment with us ("beneficiary"), to find purpose, meaning and direction through available Services which constitute cycling, vocational and therapeutic support.

Any guidance, advice, recommendations, tailored solutions or any other form of assistance offered to beneficiaries is on the express and implied basis that delivery materials, content and guidance are offered in the context of assistance intended solely to aid a beneficiary to decide for themselves whether particular courses of action are necessary to bring about the investigation of, or furtherance of their individual aspirations, that they wish to effect.

Beneficiaries and visitors to the site are advised to take note that no legal counsel is offered as any part of our service provision, other than in connection with making beneficiaries and visitors to the site aware of the need to seek such professional advice from an appropriate source, when necessary. No financial or medical advice is offered.

Beneficiaries shall be issued with Agreement Forms to complete, sign and return. The Agreement set out the best practice delivery requirements for parties to adhere to, in order to ensure smooth and effective provision of Services. Opportunity will be given to rectify any situation or breach of conditions. However, repeated failure to observe the requirements and terms and conditions herein will render any agreement between us as terminated and shall lead to the immediate cessation of all Services.

Under no circumstances may beneficiaries or third-party partner provider personnel divulge respective circumstances, personal contribution to Services or any other relevant information arising out of provision of Services, to any third parties, other than in connection with notifying others of our contact details, for those who may wish to seek similar assistance. Failure to respect personal confidentiality will result in the immediate cessation of any and all Services and, where necessary, may give rise to the instigation of proceedings.

Under no circumstances will we accept, undertake or continue Services for any beneficiary where it is, or becomes evident, that the their aim, intention, objective, goal or expressed thoughts are likely to cause harm, offence, illegal, unethical or immoral act or other negative outcome, through malicious act, slander, libel, religious or other intolerance, in any way whatsoever or howsoever against anyone or anything in any form.

Our personnel are entitled to physical safety during service delivery and to be treated with respect. Any instance of verbal or physical abuse may result in the immediate cessation of Services (without refund if payment applies) and we reserve the right to subsequently instigate proceedings.

Your attention is drawn to our full Innercycle CIO Privacy Notice and, for ease, our Innercycle CIO Information Governance Policy-Easy Read

In the event that it is so deemed or statutorily required, we reserve the right to report any instance of civil or criminal offence or damage to the appropriate authorities whereby information and records held may be disclosed to authorised persons or organisations without infringement of Client Confidentiality privilege.

Vocational Advisory and Cycle-side services (non-therapeutic) may involve the sharing of personal journeys and of the concepts, beliefs and values, which have best served to empower. Some of these thoughts, comments and observations can be found, though perhaps expressed in different ways, in books and via other means and sources, for those who seek to find them. We do not profess to have the last word on ‘success’ or 'wellbeing' howsoever defined.

All advice, guidance and suggestions, whether of a professional or personal nature, are offered with the sincere hope that a beneficiary with mental capacity will discern for themselves the validity from their own wisdom and to judge wisely that which they choose to implement.

Beyond this, beneficiaries are asked only to treat services and personnel with respect and professionalism that befits individual responsibility for fulfilment of their own development, learning and/or aspirations: to make the choices and take the actions, which lead to one's own growth.

Availability
Unless otherwise stated, the services featured in literature and on the website are only available within the United Kingdom (including its islands) or in relation to postings therein. All advertising is intended solely for those markets. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent.

We do not warrant that the service from the website will be uninterrupted, timely or error free, although it is provided to best ability.

By using Services you thereby indemnify the charity, its trustees, employees, volunteers, contractors, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. Services are not made available on any other basis than as is stated in these Terms & Conditions of Trading.

Donations

Innercycle is registered with the Fundraising Regulator. Please refer to our Innercycle CIO Donations Acceptance Policy. We are grateful in accepting monetary donations via one-off payments (Donate) or regular direct debits: (GoCardless). We also welcome some Goods as donations but, regrettably, we are unable to accept used bicycles from the general public. To minimise maintenance/storage costs (and to help the cycling industry and the environment), we source refurbished cycles from bike recycling centres or new/used from trade organisations. We advise members of the public to please donate an unwanted bicycle to their local bike recycling centre.

Goods

We may occasionally make products available for sale ("Goods"), comprising:

  • Digital Goods (e.g. information, e-learning, media, etc.)
  • Physical Goods (whether donated or purchased, new and used)

The Charity Commission guidance CC35 [v1.6] Trustees, trading and tax: how charities may lawfully trade states on P7, Section 3.3 that 'sale of goods which have been donated to a charity is not 'trading''. Such Goods are sold on a 'non-primary purpose' basis that raises funds for the charity without significant risk under 'small scale exemption' and 'fundraising exemption.'

We do not currently operate an online 'shopping cart'. Goods may be sold in person by authorised charity personnel at events (e.g. 'pop-up shop' on third-party premises, trade shows, etc.). Similar to conventional 'High St' charity shops, we may occasionally offer 'pre-loved' second-hand donated Goods on an 'as is' basis. We make every effort to check that Goods are fit for purpose. If Goods are found to be faulty or unwanted, please refer to our Returns Policy.

Services may be ordered on an invoicing basis.

We keep details of all orders placed, whether in person, by email, telephone or post. In the event of any dispute arising in respect of an order, our records will be accepted as the true and original terms. If you are in any doubt whatsoever as to the details of any order you have placed, you should immediately check this at the point of sale or contact us afterwards as soon as possible for clarification.

Payments

Electronic Transfer, debit/credit cards and cash in Pounds Sterling (£GBP) are acceptable methods of payment.

Banking details are available on request. We also accept secure payment via iZettle® contactless card reader (which includes processing payments via ApplePay®, GooglePay® and SamsungPay®), Paypal® and Stripe®. Payments are encrypted and we do not hold your card details or your banking information. In accordance with GDPR, payment processing involves third-party providers who may operate offshore. Where payments are made via contactless card reader, receipts are issued via email and/or phone SMS text (if email address and/or phone number is provided), which include notifications about our payment processing policy and privacy policy.

Title of Goods sold to you shall not pass to you until payment in full is received. We issue receipts for payments which you should retain.

Where contracts have been entered into on an hourly rate basis, payment must be made in full on the day of the session. Block booking arrangements are possible. We reserve the right to impose a minimum 10% deposit booking charge for any event that we promote or organise. Any outstanding balance is to be settled in full within 14 days. Monies that remain outstanding by the due date will incur late payment interest on any outstanding balance at the statutory rate of 8% above the prevailing Bank of England Base Reference Rate, until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via Collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs and/or compensatory claims for costs incurred in undertaking debt recovery action. Returned or declined transfers incur a £35 charge to cover banking fees/administrative costs. In an instance of a second payment being declined, arrangements will terminate with future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered.

Innercycle holds non-VAT status. Upon registration for VAT purposes such products shall become zero-rated for VAT purposes.

Returns Policy

We may request that you return Goods to us if faulty or unwanted. However, the need for repacking a product, taking it to a postal office, etc. may be avoided. We can ‘Skype’ with you (if you agree to do so) to remotely inspect sold Goods via video. If we are satisfied, we will authorise its replacement or reimbursement. In these cases, you can retain/dispose of sold Goods as you wish. If we have previously agreed to replace Goods (possibly under Warranty Conditions per any partner offers), and have asked that you return Goods to us, then we will, in normal circumstances, refund you your untracked, standard postage cost.

If you change your mind about your purchase, please return the unused Goods to us with the original receipt and we will offer you an exchange or a credit note. This does not affect your usual consumer rights, including your right to cancel (Distance Selling) or claim a refund, replacement or repair and/or compensation where Goods are faulty or misdescribed.

Goods must be returned in the same condition that you received them, with original tags attached if applicable, with the original packaging and proof of purchase. We operate quality assurance processes whereby Goods are checked before being made available at the point of sale/shipping. We accept that in rare instances, Goods may be faulty. However, Goods found to have been accidentally or deliberately damaged (e.g. parts disassembled, etc.) after leaving our care cannot be accepted for exchange, credit note or refund as this is beyond our reasonable control.

Other non-returnable items: Gift cards, downloadable software and some health/personal care items.

Once your return is received and inspected, we will email notification that we have received your returned Goods. If applicable, we will also notify approval or rejection of refund. If approved, then a refund will be processed, and a credit will automatically be applied to your original method of payment within 30 days.

We are not obliged to refund a customer if they knew an item was faulty when they bought it or they damaged an item by trying to repair it themselves or by getting someone else to do it (though they may still have the right to a repair, replacement or partial refund).

Late or missing refunds: We aim to process returns and any entitlement to a refund as quickly as possible but please allow up to 30 days. If you haven’t received a refund yet, first re-check your bank account. Then contact your debit/credit card company, as it may take some time before your refund is officially processed. Next contact your bank. There is often a processing delay before a refund may show on your bank statement or card statement. If you have done all of this and you still haven’t received your refund, please email: support@innerycle.org

Gifts: If the Goods were marked as a gift when purchased (whether collected or shipped to you), you’ll receive a gift credit for the value of your return. Once the returned Goods are received, a gift certificate will be posted to you. If the Goods were not marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will be notified about your return.

If we ask you to return your product direct to us, please post to: Innercycle, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ

You will be responsible for postage costs for returning your Goods.

If You are returning an item with a retail value of over £50, you should consider using a trackable shipping service (e.g. Post Office Special Delivery, etc.) and/or purchase post/courier insurance.

If you are entitled to an exchange, we will cover the cost of return shipping to you. Depending on where you live, the time it may take for exchanged Goods to reach you may vary.

In accordance with your statutory consumer rights, if you are entitled to a refund, this will include the cost of shipping the original order to you if applicable and reimbursement for your return.

Delivery (applies if purchaser has not collected goods at point of sale):
Some postal addresses in Northern Ireland, particular offshore islands and other remote areas may not be covered by our delivery services due to inaccessibility by carriers or factors beyond our control. You will be notified when you place an order.

We aim to deliver Goods within three working days via standard shipping methods. Goods are usually shipped by van courier but we reserve the right to select alternative transport or postal services. Where Express delivery has been specified, we aim to deliver Goods within one working day.

Whilst we make every effort to deliver Goods within three working days (in the UK) or a day we specify if express delivery is selected, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies if any Goods are sent direct from our service providers. We shall attempt to resolve any delivery issues that may arise. We shall refund for payment of Goods and shipping costs incurred due to failed delivery if required but we cannot accept liability for any other costs or out of pocket expenses.

All Goods are subject to stock availability.

If we deliver Goods, you may be asked to sign to acknowledge that you have received them.

From time to time we operate promotional activity that may include free shipping. Pursuant to conditions herein, any refund entitlement for orders processed during a free shipping promotion will not include refund of shipping costs.

Cancellation Policy

Minimum 48 hours notice of cancellation for any booking required. Notification for instance, in person, via email or mobile phone ‘SMS text message’, or other means will be accepted subject to confirmation. We reserve the right to levy a £50 charge to cover any subsequent administrative expenses and further surcharges when exceptional costs have been incurred.

Communication
Several e-mail addresses are used for different and appropriate purposes. These, & other contact information, can be found on our Contact Us link on the website or via literature or via stated telephone numbers and address details.

Links to/from the website

You may not create a link to any page of the website without prior written consent. If you do create a link to a page of the website you do so at your own risk and the exclusions and limitations set out in these clauses will apply to your use of the website by linking to it.

We do not monitor or review the content of other party’s websites which are linked from the website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Your computer and/or device system is required to accept cookies to allow site navigation. Some of our affiliate partners sites may also require this. Cookies are used in some websites to enable the functionality of the site, to track user’s browsing movements and for ease of use for those people visiting. Please see the cookie notice on the site.

Intellectual Property Rights

In accepting the full Terms & Conditions contained herein, you warrant that you will not modify, copy, photocopy, alter, adapt, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, nor use the information howsoever it exists, whether in written, oral, electronic or mechanical form, nor transfer, teach, undertake training on the basis of, or sell any information, nor commercially exploit the content, products or services obtained from use of, or access to the website and services in any way whatsoever or howsoever.

Copyright and/or other intellectual property rights applying to materials, literature or other services content created by us as a consequence of provision of counselling or other services to you remain vested with the Trust, unless specific arrangement and written agreement has been reached to transfer or sell such rights to you. Any breach or attempt to breach this agreement without express written consent is strictly prohibited and may give rise to legal proceedings being instigated.

Any application in relation to licensing of copyright images, logos and materials should be sent to the address given. Brand names and specific services featured in literature are protected by copyright, together with the full content of the website. Some royalty-free images are displayed on the site, courtesy of Pixabay and the Noun Project: copyright vested with respective photographers and creators. Trade Marks of partner, sponsorship and funding organisations connected with us have been used with permission. Copyright and other Intellectual Property Rights exist on such marks and any and all other literature or promotional material supplied during counselling. Any unauthorised use may result in legal proceedings being instigated.

Termination of Agreements and Refunds Policy

Parties have the right to terminate any contractual Agreement for any reason, including the ending of a Service that is already underway. Where payment is a consideration, no refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway. Conditions specific to that Agreement apply.

General

No Party shall be liable to another for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which entitled hereunder, shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated as such and signed by both Parties.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of Services or any content or other material used or displayed through Services.

You may not assign or delegate any rights or obligations under any Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under any Agreement, fully or partially. We may also substitute by way of unilateral novation effective upon notice to you for any third party that assumes our rights and obligations under any Agreement.

Any part of a Term which is wholly or partially void, invalid, or unenforceable shall be severed from the remainder (which remains enforceable).

The laws of England govern these Terms & Conditions of Trading. By accessing the website and/or engaging in contractual agreement with us, you consent and agree to abide by these Terms & Conditions of Trading and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.  These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives.

Notification of Changes

We shall notify beneficiaries and partners and subscribers to Innercycle communications of changes to Terms & Conditions of Trading and we reserve the right to change these conditions from time to time as deemed necessary. Your continued use of the site and/or services will signify your acceptance of any adjustment to these terms.  If there are any changes in how we use customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any other changes to our privacy policy may be made without notice. You are therefore advised to re-read this statement and our privacy notice on a regular basis.

These terms and conditions, together with the beneficiary 'Client Charter', form the entire Agreement. Your accessing of the website and/or undertaking of a booking, use of services and entering into contractual Agreement for counselling or other services indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms & Conditions contained herein.

Your statutory Consumer Rights are unaffected.                                        

©  2019 All Rights Reserved