WEBSITE TERMS AND CONDITIONS
This website (the “Website”) is the website of Dirt Factory Limited, a company registered in in England & Wales under company number 9490482.
INFORMATION ON THE WEBSITE
All rights in the website, including copyright, are owned by or licensed to Dirt Factory Limited. Any use of this website or its contents, including copying or storing, whether in whole or in part, other than for your own personal, non-commercial use is prohibited without the express written permission of Dirt Factory Limited. You may not edit or modify or re-distribute anything on this website for any purpose.
The information contained on this website is not comprehensive and whilst Dirt Factory Limited takes all reasonable care to ensure that all information is accurate and up to date, no representation or warranty, expressed or implied, is made as to its accuracy or completeness. Dirt Factory Limited accepts no liability either for any inaccuracies in or omissions from the information on this website or for any loss or damage howsoever caused arising directly or indirectly from the use of this information. Dirt Factory Limited reserves the right to add, modify or delete information on this website from time to time.
INTELLECTUAL PROPERTY RIGHTS
Copyright in the design and content published on the Website is owned by Dirt Factory Limited, except where otherwise indicated by a third party's proprietary notice. Images, trade marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.
LINKING TO OUR WEBSITE
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
This website may include links to third party websites. Such a link does not imply that Dirt Factory Limited has reviewed or endorses these third-party websites or any content contained therein, and is not responsible for the information, material, products or services contained or accessible through those websites. Your access and use of such websites is at your own risk and remains solely your responsibility.
This website and any content contained herein are governed by and construed in accordance with English law.
FULL DIRT FACTORY TERMS AND CONDITIONS
These Terms and Conditions are the standard terms which cover your booking, entry into the Dirt Factory Bike Park, Private Hire, Equipment Hire and, where applicable, associated Services, from Dirt Factory Limited, a company registered in England under company number 9490482.
IT IS IMPORTANT YOU READ THESE TERMS CAREFULLY BEFORE BOOKING this is because they provide important information on how and on what terms we will accept your booking, how we may change or refuse you entry to Dirt Factory Bike Park and what to do if there is a problem as well as other important information. If you think there is a mistake in these terms or require any changes please contact us as soon as possible to discuss.
1.0 DEFINITIONS OF INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means Your booking for Entry/General Admission, Private Hire, Equipment and, where applicable, associated Services;
“Booking Confirmation” means Our acceptance and confirmation of Your Booking as described in Clause 2;
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for use of all applicable Services by You from Us, as explained in Clause 2;
“Deposit” means the sum payable at the time of Your Booking that is required to secure your Booking, in the event We do not require full payment of the Price at the time of making your Booking;
“Equipment” means any equipment, as specifically detailed in the Booking Confirmation, supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the Equipment;
“Month” means a calendar month;
“Price” means the total price payable for Entry/General Admission, the hire of the Equipment (and where applicable, associated Services);
“Security Deposit” means the sum payable under sub-Clause 5.5 to cover the non-return, loss, theft or damage of the Equipment;
“Services” means the services provided with some Equipment (for instance the set up or supervision of Equipment);
“We/Us/Our” means Dirt Factory Limited, a company registered in England under company number 9490482 and includes all employees and agents of Dirt Factory;
“Website” means www.dirtfactory.co.uk and any other websites owned and maintained by Us that may be notified to You from time to time; and
“You/Your” means you, the service user and/or hirer of the Equipment and/or the purchaser of our Services.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means. Each reference to the singular number shall include the plural and vice versa where appropriate.
2.0 THE CONTRACT
2.1 These Terms and Conditions govern the Entry/General Admission and hire of Equipment from Us and, where applicable, the engagement of our Services and will form the basis of the Contract between Us and You. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification by contacting via www.dirtfactory.co.uk
2.2 Nothing provided by Us including, but not limited to the Website, any sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Booking, indicated by Our Booking Confirmation. Upon receipt of Our Booking Confirmation, Your payment of the Price, or where applicable, Your payment of the Deposit will become due. Booking Confirmations will be provided in writing upon acceptance of Your Booking and generally sent to you by email, unless we agree to send Booking Confirmations to you by different means.
2.4 No signature is required in order for this contract to be deemed accepted and binding upon both parties. The contract shall be deemed accepted at the point We issue the Booking Confirmation.
3.0. REFUNDS AND CANCELLATION CONDITIONS
3.1 Advance bookings made on-line will be charged to your account at the time you make your booking. You will receive an email confirming your booking, bring proof of booking with you on the day to exchange for your wristband, bike/equipment hire, coaching etc.
3.2 If we have to cancel or change your booking - In the unlikely event we are required to cancel your booking at short notice for operational or safety reasons we will try and give as much notice as possible and will give you a full refund or transfer your booking to another date. Dirt Factory will take no financial responsibility for any other costs incurred for these cancellations (for example travel or accommodation costs). It is important that the contact number and email address left when booking are correct so we are able to contact you should we need to cancel. Please check your emails and texts before you set off. We strongly recommend booking online to avoid disappointment.
3.3 If you have to cancel or change your booking for Entry/admission, equipment hire and events, then Booking changes/cancellations made more than 7 days prior to your ride the following applies:
- You may transfer your booking to another day within 3 months, subject to availability free of charge
- If you wish to cancel your booking there will be a cancellation charge of 25% of the Price and the balance (if applicable) will be refunded to You.
Booking changes/cancellations made less than 7 days (but greater than 48 hours) prior to your ride:
- You may transfer your booking to another day within 3 months, subject to availability free of charge
- If you wish to cancel your booking there will be a cancellation charge of 50% of the Price and the balance (if applicable) will be refunded to You.
3.4 No refund will be given for any bookings cancelled 48 hrs before they are due to use any service including but not exclusively general admission, private hire and equipment hire. Please be aware of this when you book. CHILDREN – Children aged 12 years and under must be accompanied by an adult at all times, no adult, no ride, no refund.
3.5 When you make a booking with us, we allocate riding places and resources. Sometimes, we’ll get enquiries from other customers that we can’t fulfill because someone else has already made a booking for that date and time. We therefore sometimes have to turn people down. We’re telling you all of this to explain our cancellation policy. Therefore we have to make charges on a sliding scale if you cancel your booking. The closer you get to your booking, the larger the cancellation charge we have to levy. We try to be fair about this and trust you understand why this policy is necessary.
4.1 We accept payments with Square and all major cards. You must pay at the time of booking.
4.2 We do not hold your payment details on file. All sensitive information goes through Square, our payment provider who keep it safe. Square are one of the leading companies on the web for taking online card payments and have an excellent track record in data security. If you have any queries about our payment provider please contact us at www.dirtfactory.co.uk
4.3 If the rate of VAT changes between the date of Your Booking and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.
5.0 EQUIPMENT HIRE
5.1 You are about to take part in a high risk activity. You will minimise this risk by following the safety rules and advice in the Rider’s Responsibility Code. If you don’t follow the safety rules and advice you could have a serious accident which could be fatal.
5.2 Under the Terms & Conditions of Bike Hire at Dirt Factory Bike Park you, (The Hirer) are responsible for the bike and/or equipment for the day and any repair costs that may occur from accidental or crash damage during the hire period. Any damage to the bike and/or equipment will be charged at cost price. The Hirer will also be responsible for any costs incurred if the bike and/or equipment is stolen, for any deliberate or reckless abuse and incorrect adjustment.
5.3 Hire bikes and/or equipment are assessed by a qualified mechanic prior to being hired but please make sure that you follow the Rider's Responsibility Code and Equipment Checklist for your own safety (please request a copy if you are not familiar with it), and assess your bike before riding each run.
5.4 The Hire Period shall be chosen in Your Booking and confirmed in our Booking Confirmation. The Hire Period ends at the time and date stated in the Booking Confirmation. Any Equipment returned late will incur an excess charge.
5.5 You may be able to extend the Hire Period (subject to the Equipment not being required for another customer) by contacting us via telephone, however, this will not be possible where the Equipment has been booked by a third party. The cost of any Extended Hire Periods shall be confirmed by us as at the point of Our confirmation that the Equipment is available for the extended Hire Period you have requested.
5.6 POSITIVE IDENTIFICATION – is required from each hirer, drivers licence or passport will be required and retained during the hire period and a credit card imprint will be kept during hire. Dirt Factory staff reserve the right to, and at their discretion, request such information be provided before any hire. Photographic ID will be returned when the hire is complete.
5.7 PAYMENT for hiring is due before or at commencement of hiring. Delays in returning rental bikes and/or equipment will be charged at the same hire rate at the time of booking.
5.8 SECURITY – Bikes and/or equipment must not be left unattended at any time unless locked securely. Overnight hire is not permitted, bikes must be returned to Dirt Factory after hire period has lapsed.
5.9 CANCELLATION – Within 48 hours, full charge. Please refer to the above cancellation charges.
5.10 HELMETS are mandatory, if you do not have one you will be required to hire one. No bike will be hired without a helmet (either your own or hired).
6.0 RESPONSIBILITY AND REQUIREMENTS
6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. By signing the Participation & Acceptance of Risk Registration Form you accept the risks associated with riding Mountain Bikes, eBikes, BMX Bikes, Balance Bikes, Scooters, Skateboards, Skates, Unicycles and Mountain Boards. Riding Mountain Bikes, eBikes, BMX BIkes, Balance Bikes, Scooters, Skateboards, Skates, Unicycles and Mountain Boards is a high risk activity and we cannot be responsible for any injury or damage to you or your property.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to your booking and for defective products under the Consumer Protection Act 1987.
6.3 We are nor liable for business losses, We only supply the services for domestic and private use. If You use Dirt Factory Bike Park for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
7.0 YOUR OBLIGATIONS
7.1 When making Your Booking, You will be required to supply accurate information as required by our online booking system and/or staff. The provision of such reasonably requested information is essential in Booking for Us to complete Your Booking and a failure by You to supply Us with the necessary information may delay or impede us in accepting Your Booking.
7.2 The following conditions apply to Your General Admission, Private Hire and use of Hire Equipment:
7.2.1 We reserve the right to refuse to perform or operate the booking if We believe You are under the influence of drugs and/or alcohol.
7.2.2 Safety is of paramount importance. The bike park and associated equipment is designed for having ‘fun’ but You and Your participants must take responsibility for using it in a safe manner, as We cannot be held liable in the event of damages or incidents.
7.2.3 We expressly exclude any liability for injury loss or damage caused to You or any person using the bike park and equipment contrary to the terms and conditions of this Contract.
7.2.4 No person(s) who are visibly intoxicated through alcohol, drugs or any other intoxicating substances shall be permitted to use the bike park or any equipment.
7.2.5 No food, drink, chewing gum or smoking is permitted anywhere in or around the bike park facility.
8.0 PERMISSION TO USE IMAGES AND OTHER MEDIA
8.1 You grant Dirt Factory Limited and any third party authorized by Dirt Factory Limited the right to film, videotape, photograph, record, and/or make any reproductions of me and the rider including any other person/participant under 18 I have authorized to ride at the bike park.
8.2 You further grant Dirt Factory Limited the right to use, display, and digitally enhance or alter in any manner, such likeness in any media including but not limited to television, radio or internet, in any motion picture film, videotape, DVD, CD or any published article without giving compensation, attribution, or notice to the participant.
8.3 If you have supplied an email address and opted-in to communications, you are subscribing to receive the Dirt Factory email newsletter. By opting in you agree to your personal details being stored and processed in the Dirt Factory MailChimp account and consent to receiving Dirt Factory marketing emails from this MailChimp account.
8.4 We will always treat your personal data with care and will never share it with other organisations without your prior consent. Every time we contact you, you will have the opportunity to unsubscribe, but if you want to stop receiving correspondence from Dirt Factory you can also contact us and we will remove your details from our mailing list.
9.1 We carry public liability insurance for 10 million pounds and it is subject to the terms and conditions of this contract being complied with. Public liability insurance is excluded in its entirety following any claim or injury to any third party or employee where such injury is directly or indirectly related to the use of drugs and/or alcohol.
10.0 PRODUCT RETURNS & EXCHANGES
10.1 We will issue a full refund on physical products purchased from Dirt Factory as long as:
- It has been less than 14 days since you received your item
- You haven't damaged it
- It is in resalable condition e.g. tags still attached, packaging is unopened, item has not been stained or marked
- You have proof of purchase, such as your receipt, e-receipt, delivery note, or your order confirmation email
- You have the card you paid with
- Your item is included in our returns policy. You can find a list of the items that aren't included in our policy in the 'Things that aren't included in our returns policy' section below.
Please note, we reserve the right to refuse an exchange or refund if goods are damaged or aren't returned in a saleable condition. If we don't think the item is in a good enough condition to resell, we're allowed to say no to giving you a refund or an exchange.
If you don't have proof of purchase, we can't offer you a refund, gift card or exchange. If you paid by card and have your proof of purchase but don't have the card you paid with we can't offer you a refund, but we'll give you an exchange or a gift card for the same amount.
We also can't refund or exchange anything that was damaged while someone was handling it on your behalf.
Our policy doesn't affect any of your normal statutory rights. Those rights cover you for things like faulty items, or items that are different from how we described them. They also let you cancel orders. You can find more information about statutory rights from your local trading standards department or citizens advice bureau.
10.2 Things that aren't included in our returns policy - There are certain items that we can't give you a refund or exchange for, unless they're faulty or different from how we described them. We've listed the items you can't return here:
- Altered items
- Custom-made, personalised and made-to-measure items
- Gift food (such as hampers or coffee)
- Underwear and socks that has had its tags removed or original packaging opened
- Gift Cards, e-Gift Cards or vouchers.
11.0 EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: traffic and / or inclement weather affecting delivery of Equipment to a location by a specified time, inclement weather rendering the use of Equipment impossible, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control. Time shall not be of the essence in this contract.
12.0 OTHER IMPORTANT TERMS AND CONDITIONS
12.1 Dirt Factory reserves the right to change its Terms and Conditions at any time.
12.2 CHILDREN UNDER 18 MUST HAVE THE WRITTEN CONSENT OF THEIR PARENT OR GUARDIAN to use our services. All participants under the age of 18 will need to ensure that a parent/guardian has filled in the Acceptance of Risk Registration Form on their child's behalf.
12.3 CHILDREN AGED 12 AND UNDER MUST HAVE A PARENT OR GUARDIAN (18+) present with them at all times at the Bike Park. The parent or guardian must also sign the Acceptance of Risk Registration Form on the child’s behalf and must stay ON SITE for the duration of the allocated booking time/visit.
12.4 From time to time some trails may have to be closed for routine maintenance work and/or pump track and air bag equipment not set-up due to being on hire at external events. We will try and give you sufficient notice and the most up to date information however this cannot always be guaranteed.
12.5 Dirt Factory will take no responsibility for any items left unattended in and around the Bike Park and strongly advise against bringing valuables with you. It is your responsibility to ensure your bike is looked after and secured when you are not riding.
12.6 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
12.7 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
12.8 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
12.9 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
12.9.1 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
12.9.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you damage our property and we do not pursue you we may still pursue you at a later date.
13.0 GOVERNING LAW AND JURISDICTION
13.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.2 Any dispute, controversy, proceedings or claim between Us and You relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.