Bunch Rides - Terms of Use

Last Updated: 9th May 2011

Thank you for using Bunch Rides ("Bunch Rides", "we" or "us")! Bunch Rides provides a software platform (the "Bunch Rides Platform") that enables you to create, join or browse Rides, Routes and Clubs (as defined below) built on the Bunch Rides Platform. We also provide a set of services that will enhance your experience as a member of Clubs on the Bunch Rides Platform.

These Terms of Service contain general terms that apply to you as a user of the Bunch Rides Platform, along with additional terms that may apply to you as a Club Owner (as defined below) if you decide to create your own Club. When using the Bunch Rides Platform, you will also be subject to the Bunch Rides Privacy Policy.

These Terms of Service (the "Terms of Service" or "Agreement") govern your use of the Bunch Rides Platform and is a legal contract between you and Bunch Rides.

By registering with us or using or browsing the Bunch Rides Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Bunch Rides Platform at any time.

The Bunch Rides Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Bunch Rides Platform. Any person who provides their personal information through the Bunch Rides Platform represents to us that they are 13 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Club on the Bunch Rides Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

1. Definitions

"Content" means (i) any work of authorship in a Club, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Club or the Bunch Rides Platform.

"Bunch Rides Account" is an account you create with Bunch Rides which includes a name, email address, and password.

"Bunch Rides Users" are Users who complete a registration process with Bunch Rides and obtain a Bunch Rides Account.

"Bunch Rides Member Data" is data collected from Users by Bunch Rides, including the data collected for the Bunch Rides Account and any data provided in Your Bunch Rides Profile (as defined below). Bunch Rides Member Data does not include Club Member Data.

"Bunch Rides Member Services" are the services provided by Bunch Rides to Club Members. Bunch Rides Member Services do not include any services that Club Managers provide to their Club Members.

"Bunch Rides Club Manager Services" are the services Bunch Rides provides to Club Managers.

"Bunch Rides Profile" means information that, if you are a Bunch Rides Member, you have provided to Bunch Rides that is aggregated by Bunch Rides into a master profile. Your Bunch Rides Profile is separate from any profile that you create (or is created on your behalf) on a particular Club ("My Profile").

"Bunch Rides Technology" means the past, present and future content of the Bunch Rides Platform, including all software in any format (including the Platform Code and Club Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organisation, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Bunch Rides Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the Bunch Rides Platform and the Bunch Rides Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the Bunch Rides Platform, and all Bunch Rides Marks (as defined below), domain names, patents, and other intellectual property. Bunch Rides Technology does not include Your Content.

"Members" means both Club Members and Bunch Rides Members.

"Club Manager" is a Bunch Rides Member who has management access to one or more Clubs on the Bunch Rides Platform. A Club Manager is by definition a Club Member of each of his or her Clubs.

"Registered Club Members" are Bunch Rides Members who have also registered with a particular Club on the Bunch Rides Platform using their Bunch Rides Account.

"Club Member Data" means data provided by or collected from a Club Member by a Club Manager for a particular Club, such as profile data, including certain items of registration information (e.g. email addresses), answers to Club profile questions, forum posts, and statistical information about Content contributed. Club Member Data does not include the Bunch Rides Account or any Bunch Rides Member Data.

"Platform Code" means the proprietary portion of the Bunch Rides Platform that is used to interpret the Club Code and other services available on the Bunch Rides Platform.

"Premium Services" are services provided to Club Managers and Members for a fee.

"Clubs" consist of Club Code and other Content and are web applications running on top of the Bunch Rides Platform. Clubs are created by Club Managers and are provided for Club Members of that Club to interact and connect with other Club Members. Club features may include Club Member profiles, invitations, discussion forums, photo sharing, video sharing, file sharing, events, latest activity streams, RSS feeds and pages, among others. If you are a Club Manager, "Your Club" is a Club operated by you on the Bunch Rides Platform.

"Third Party Software" means software that is licensed to you by third parties.

"Third Party Payment Providers" refers to third party software for collecting payments online.

"Users" are all end users of the Bunch Rides Platform, and include you, any unregistered users, all Bunch Rides Members, all Club Members, and all Club Managers.

"VAT" means value added tax chargeable under English law for the time being and any similar additional tax.

"Your Content" is any Content that you submit to a Club or the Bunch Rides Platform, either as a Bunch Rides Member, Club Member or Club Manager (all as defined). If you are a Club Manager, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Club Members of Your Club(s) make available). Content does not include Platform Code.

"Your Bunch Rides Profile" is a Bunch Rides Profile created by you on the Bunch Rides Platform.

"Your Club Members" are Users who have been added to or registered with Your Club.

2. Chargeable Services and Payment

This section refers to chargeable Bunch Rides services only. Any charges that a group manager may decide to make to group members such as event tickets, membership dues or other costs associated with membership of the group are not covered by sections 2.1-2.4 below.

2.1 Basic Pricing and Premium Services

Basic prices for Premium Services are described at http://rides.bunch.cc/pricing and may be subject to change from time to time. Bunch Rides charges in GBP, prices given in other currencies are approximate only.

2.2 Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorise Bunch Rides to charge your credit card, debit card, or PayPal account (herein "Payment Method") for all charges to your accounts with Bunch Rides. Your Payment Method will be charged the current fee for the Premium Services on a monthly basis unless you have selected to pay in yearly or biannual intervals. Any and all payments are non-refundable.

You acknowledge and agree that any credit card, debit card, and related billing and payment information that you provide to Bunch Rides may be shared by Bunch Rides with companies who work on Bunch Rides' behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Bunch Rides and servicing your account. Any fees charged to your account are non-refundable.

2.3 Cancellation Policy

You may elect to delete your Club at any time for any reason or for no reason by contacting us at helpdesk@bunch.cc.

All Club Member Data relating to a deleted Club, as well as any content made available in or on the applicable Club, will no longer be accessible by means of the Bunch Rides Platform following the effective date of deletion. Please be advised that none of the content posted in or on your Club on or before the effective date of deletion will be able to be accessed or recovered by you or any Members once your Club is deleted. Bunch Rides shall have no obligation or liability to you with respect to the deletion or loss of any such Club Member Data.

If you delete your Club before the end of the then-current paid-up month, your cancellation will take effect immediately and you will not receive a refund or credit for the unused portion of such month.

You acknowledge and agree that the deletion of your Club(s) and related cancellation of your payment plan(s) and service(s) offered by Bunch Rides hereunder is your sole right and exclusive remedy with respect to any dispute that you may have with Bunch Rides (or any of its affiliates) that relate in any manner to the Bunch Rides Platform, including, without limitation, any dispute arising from or in connection with

the Terms of Service or any of Bunch Rides’ policies, rules, regulations, or guidelines relating to the Bunch Rides Platform;
your ability or inability to access and/or use the Bunch Rides Platform;
the fees and related charges, taxes, duties, billing methods or procedures, or any changes with respect to any of the foregoing; and
the content (including, without limitation, any related data and information) displayed or otherwise made available as part of or otherwise in connection with the Bunch Rides Platform.

2.4 Taxes

All fees for Premium Services are inclusive of VAT.

2.5 Payment Processing

Bunch Rides will enable Clubs to collect payments for membership dues, event tickets, donations and other purposes, using third-party payment providers to process these payments. These payments are subject to the third-party payment provider’s Terms of Use. Bunch Rides is not affiliated with any third party payment provider, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true with respect to Bunch Rides on the one hand and Bunch Rides Club Managers and their Club Members on the other hand. To the extent that the Bunch Rides Platform is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a user of the Bunch Rides Platform hereunder does so in conjunction with the services of another service provider, such user will be subject to the other service provider’s terms of service, and neither Bunch Rides or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the performance (or lack thereof) of the other. The terms of this Terms of Service shall not in any way supersede the terms of any other service provider, nor shall the terms of service of any other service provider supersede the terms of this Terms of Service with respect to the Bunch Rides Platform.

You will collect all monies directly and by signing up for and using the Bunch Rides Platform, you agree to submit payment to Bunch Rides for service charges owed upon receipt of the Invoice (sent monthly for service charges incurred in the previous month).

You accept the responsibility to provide refunds to Users who pay you through the Bunch Rides Platform at your own discretion. Bunch Rides will not be held liable for refunds or lack thereof during use of third-party payment providers.

3. Your Content and Licenses to Your Content

Bunch Rides does not claim any ownership rights in Your Content. The Content that you upload to any Club needs to comply with the terms of this Agreement.

You hereby grant Bunch Rides, during the course of your usage of the Bunch Rides Platform, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the Bunch Rides Platform and in all current and future media in which the Bunch Rides Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, Bunch Rides reserves the right to retain copies of Content for archival purposes after termination of the Agreement.

You hereby agree that if Your Content is removed from any Club due to a violation of these Terms, Bunch Rides shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any court order order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Bunch Rides, any individual, or the general public.

You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content.

In addition to the rights, licenses and privileges referred to above, you agree that Bunch Rides, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Bunch Rides Platform, and any products, goods, features, capabilities and/or services associated with the Bunch Rides Platform.

As a Club Manager or Club Member you acknowledge that Bunch Rides and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Club or the Bunch Rides Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Club is removed from the Bunch Rides Platform, the Content associated with that Club may also be deleted at the discretion of the Club Managers of that Club or Bunch Rides.

4. Licenses From Bunch Rides

4.1 License to Bunch Rides Platform

During and subject to the terms and conditions of this Agreement, Bunch Rides hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the Bunch Rides Platform solely to enable your use of the Bunch Rides Member Services and Bunch Rides Club Manager Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Club Code.

You agree that, as between you and Bunch Rides, all the intellectual property rights in the Bunch Rides Platform, which does not include Your Content, are owned by Bunch Rides or its licensors.

4.2 License Restrictions

Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

Run, rent, lease, loan, or sell access to the Bunch Rides Platform or the Bunch Rides Technology;
Decompile or reverse engineer or attempt to access the source code of the software underlying the Bunch Rides Platform or Bunch Rides Technology;
Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Bunch Rides Technology;
Access the Bunch Rides Platform to build a product using similar ideas, features, functions, interface or graphics of the Bunch Rides Platform;
Access (or attempt to access) any service on the Bunch Rides Platform by any means other than as permitted in these Terms of Service;
Access the Bunch Rides Platform to upload Your Code or Your Content to cause a breach of security to the Bunch Rides Platform or any Club or interfere with the proper working of the Bunch Rides Platform or prevent others from using the Bunch Rides Platform;
Delete the copyright and other proprietary rights notices on the Bunch Rides Platform.

5. Bunch Rides Trademarks and Legal Notices

Bunch Rides trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Bunch Rides Platform "Bunch Rides Marks" are the trademarks of Bunch Rides and may not be used without permission. Bunch Rides is not granting you a license under any intellectual property right to the Bunch Rides Marks. Other trademarks, logos, and trade names that may appear on the Bunch Rides Platform are the property of their respective owners.

6. Bunch Rides Ownership Rights

You agree that, as between you and Bunch Rides, Bunch Rides owns all right, title and interest, including, all intellectual property rights, in and to the Bunch Rides Technology. Additionally, there are two types of data provided by or collected from Club Members – Club Member Data and Bunch Rides Member Data. If you are a Club Manager, you agree that, as between Bunch Rides and you, Bunch Rides owns all right, title and interest, including, all intellectual property rights, in and to the Bunch Rides Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Bunch Rides. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Bunch Rides Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Bunch Rides Platform, including notices on any Bunch Rides Technology you download, transmit, display, print or reproduce from or using the Bunch Rides Platform.

7. Advertising and Promotion for Club Managers

Bunch Rides reserves the right to include promotional links on Your Club(s), unless you pay the applicable Premium Service fees to remove promotional links.

Subject to section 21 below, you agree that Bunch Rides will not be responsible or liable for any loss or damage of any sort incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on Your Club.

8. Third Party Content and Hyperlinks to Third Party Sites

Content from other Members or advertisers, is made available to you through Clubs ("Third Party Content") on the Bunch Rides Platform. The inclusion of Third Party Content on the Bunch Rides Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Bunch Rides has no obligation to monitor such Third Party Content. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Bunch Rides Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Bunch Rides Platform at your own risk.

Additionally, Bunch Rides or third parties may provide hyperlinks on Clubs, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Bunch Rides Platform and the inclusion of any link on a Club does not imply Bunch Rides' affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Bunch Rides expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Bunch Rides Platform. Access and use of Third Party Sites, including the information, material, products, and services on Third Party Sites or available through Third Party Sites, is solely at your own risk.

9. Representations and Warranties.

You hereby represent and warrant to Bunch Rides that: (a) you will comply with all applicable national and international laws and regulations in connection with your use of the Bunch Rides Platform including your promotional or other activities off the Bunch Rides Platform that relate to Your Club; (b) you have the right to grant to Bunch Rides the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content; (c) Your Code and Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content or Your Club contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Bunch Rides Platform, or intercept or expropriate any system data or personal information from the Bunch Rides Platform.

10. Acceptable Use and Conduct

You are solely responsible for your conduct, Your Clubs, and Your Content on the Bunch Rides Platform. We want to keep the Clubs on Bunch Rides safe and fun for everyone and the use of the Bunch Rides Platform for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:

The Content you post, email or make available to Users must:

Be accurate (where it states facts);
Be genuinely held (where it states opinions);
Comply with all applicable law in the United Kingdom and in any country from which it is posted.

You will not post, email or make available any Content to Users or use the Bunch Rides Platform:

In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
To engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Bunch Rides Platform in connection with Your Club;
In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
In a manner that is libellous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
In a manner that is harmful to minors in any way;
In a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Bunch Rides;
To impersonate a Bunch Rides employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Club or the Bunch Rides Platform without authorisation;
To interfere or attempt to interfere with the proper working of the Bunch Rides Platform or prevent others from using the Bunch Rides Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Bunch Rides Platform, or that otherwise negatively affects other persons' ability to use the Bunch Rides Platform;
To facilitate the unlawful distribution of copyrighted content;
In a manner that includes personal or identifying information about another person without that person's consent;
In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Bunch Rides Platform or to Users; and
In a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

"Stalk" or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Bunch Rides Platform, including Bunch Rides Account passwords from a Club Manager, or to proxy authentication credentials for any Member of the Bunch Rides Platform for the purposes of automating logins to the Bunch Rides Platform;
Use any profanity or the description or name of any illegal activity in the name of Your Club;
Use the name "Bunch Rides" as any part of the name of Your Club;
Post any Content containing child pornography to any Club;
Post any Content that Bunch Rides determines, in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any Content that Bunch Rides determines, in its sole discretion, constitutes pornography or is adult in nature;
Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Bunch Rides' infrastructure;
Attempt to gain unauthorised access to Bunch Rides' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Bunch Rides Platform; and
Develop, invoke, or utilise any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Bunch Rides Platform.

You agree not to authorise or encourage any third party to use the Bunch Rides Platform or any of Your Clubs (and Your Clubs will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Bunch Rides in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

11. Viruses, Hacking and Other Offences

You must not misuse the Bunch Rides Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Bunch Rides Platform, the server on which the Bunch Rides Platform is stored or any server, computer or database connected to the Bunch Rides Platform. You must not attack the Bunch Rides Platform via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Bunch Rides Platform will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Bunch Rides Platform or to your downloading of any material posted on it, or on any website linked to it.

12. Bunch Rides' Relationship with Users

You acknowledge that Bunch Rides may terminate your Bunch Rides Account (which is separate from a Club Manager’s right to terminate your membership), and remove your Content and Club Member Data, as well as disable your access to any and all Clubs and the Bunch Rides Platform, in accordance with the terms of this Agreement. If you are a Club Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Club Manager or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement or Bunch Rides' Privacy Policy.

13. Intellectual Property Complaints

Bunch Rides is committed to the protection of intellectual property rights of third parties. Accordingly, rights owners concerned because they have found Content on the Bunch Rides Platform for which they have not given permission should contact helpdesk@bunch.cc stating the following:

Their contact details;
The location of the Content on the Bunch Rides Platform;
An explanation of why the Content should not be on the Bunch Rides Platform; and
A statement that they are the rights owner or authorized to act for the rights owner.

The process for handling requests to remove non-permitted Content from the Bunch Rides Platform is as follows:

Bunch Rides will contact those people submitting complaints as soon as reasonably possible;
Where it is established that there is a copyright infringement Bunch Rides will remove the notified Content from the Bunch Rides Platform as soon as reasonably possible;
People submitting complaints will be asked to sign a form stating that they are the rights owner or their representative and why the Content should be removed.

14. Club Member Data

Through our Bunch Rides Member Services, Bunch Rides collects Bunch Rides Member Data from Your Club Members and general information about a User's use of Your Club(s). If you are a Club Manager, you agree that your access to this Bunch Rides Member Data (including the email addresses provided by Club Members during the Bunch Rides Account registration process) as part of the management controls of Your Club(s) is subject to the Bunch Rides Privacy Policy. In addition, subject to this Agreement, you may collect Club Member Data from Your Club Members; if you do so, you hereby agree that such Club Member Data shall not be used in a manner inconsistent with, or that causes Bunch Rides to violate Bunch Rides' Privacy Policy.

Member privacy is important to us. Therefore, if you are a Club Manager, you hereby agree that your use and disclosure of Club Member Data and any Bunch Rides Member Data shall: (a) comply with the Bunch Rides Privacy Policy; and (b) be reasonably protective of each Club Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of Bunch Rides Member Data or Club Member Data that are less stringent than the standards set forth in the Bunch Rides Privacy Policy.

You must clearly communicate on Your Club that Your Club uses Bunch Rides Account authentication (including, on each page on Your Club on which information is collected for purposes of Bunch Rides Account authentication) and that each of Your Club Members will be sharing the data they provide to you with Bunch Rides. This is for clarity and to ensure Your Club Members are aware of this relationship.

Subject to this Agreement and each Club Member's rights, all Club Member Data shall be the property of the applicable Club Managers. That being said, Bunch Rides needs to run Your Club on the Bunch Rides Platform. To this end, as a Club Manager, you hereby grant Bunch Rides a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Club Member Data on or through the Bunch Rides Platform and in all current and future media in which the Bunch Rides Platform may be distributed; (ii) use and disclose the Club Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Bunch Rides Platform; and (iii) use Club Member Data for other purposes permitted by the Bunch Rides Privacy Policy.

You acknowledge that Bunch Rides may receive requests from Users or persons authorised to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Club. Accordingly, you agree that, within 24 hours of any email request by Bunch Rides, you will: (a) delete all Club Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by Bunch Rides; and (b) confirm such deletion in email notice to Bunch Rides.

Bunch Rides is not required to keep back-up copies of Club Member Data on the Bunch Rides Platform once the Club or Club Member Data is deleted.

15. Your Club

We want to give you as a Club Manager as much freedom to create and control the Clubs you or manage on the Bunch Rides Platform as possible. You may have your own agreement(s) or policies between you and each of Your Club Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement or our Privacy Policy and provided that you allow Bunch Rides to display the Bunch Rides Terms of Service and Privacy Policy on your Club.

To enable a great experience for all Users on the Bunch Rides Platform, if you are a Club Manager, you agree to ensure each Club you create or manage does not degrade the performance of the Bunch Rides Platform. If your Club(s) degrades performance of the Bunch Rides Platform or other services in any way, we may suspend your Club(s) at our sole discretion and without notice.

You agree not to harvest any email addresses from Clubs or the Bunch Rides Platform for the purpose of sending emails in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.

You also agree not to knowingly collect any information from, or develop any Clubs that are targeted at children under the age of 13.

You acknowledge that Bunch Rides may terminate the account of any Member (including Your Club Members) in accordance with these Terms of Service.

Your Club shall not be designed or implemented in a way that, as determined by Bunch Rides in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with Bunch Rides when interacting with Your Club, or (ii) any of Your Club was created by or are endorsed by Bunch Rides. Because we want you to have as much freedom over your Club as possible, Bunch Rides takes no responsibility for any Content located in Your Club and Bunch Rides has no obligation to monitor such Content or Your Club.

You acknowledge that Bunch Rides also reserves the right to remove, preserve, and disclose any information or Content on any Club (including Bunch Rides Account and Club Member Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Bunch Rides, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

16. Your Account

You need to register and create a Bunch Rides Account in order to become a Bunch Rides Member, Registered Club Member or Club Manager on the Bunch Rides Platform. You are responsible for keeping your Bunch Rides Account password secure. Bunch Rides Accounts are non-transferable. You will be solely responsible and liable for any activity that occurs under your Bunch Rides Account. Bunch Rides reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.

17. Disclaimer of Warranties

Your use of the Bunch Rides Platform, and all Club Code, Platform Code, Third Party Software, non-Bunch Rides code, and Content (including Third Party Content), are at your sole responsibility and risk. The Bunch Rides Platform and all Club Code, Platform Code, Third Party Software, non-Bunch Rides code are provided on an "as is" and "as available" basis. Bunch Rides and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied by statute, common law or the law of equity. Bunch Rides and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents disclaim any warranty that the Bunch Rides Platform, or any Club Code, Platform Code, Third Party Software, non-Bunch Rides code or Content (including Third Party Content) will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Bunch Rides Platform or the server that makes the Bunch Rides Platform available is free of viruses or other harmful components. Bunch Rides makes no guarantee regarding (a) the amount, timing and delivery of any clicks or impressions with respect to any Content (including Third Party Content) or advertising on the Bunch Rides Platform or Your Club (b) the volume and quality of any traffic to Your Club or (c) the compatibility of Your Code or any non-Bunch Rides Code with any Bunch Rides Technology.

Any material downloaded or otherwise obtained through the use of the Bunch Rides Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of such material.

No advice or information, whether oral or written, obtained by you from Bunch Rides or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, or through or from the Bunch Rides Platform shall create any warranty not expressly stated in this Agreement.

18. Indemnity

You agree to indemnify, defend, and hold harmless Bunch Rides, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) arising out of or relating to:

Your Code, Your Content or Your Club;
Your use of any Non-Bunch Rides Code or Third Party Applications;
Your use or misuse of, or connection to, the Bunch Rides Platform;
Your breach or alleged breach of this Agreement;
Your violation of any rights (including intellectual property rights) of a third party;
Your use or misuse of any User data (including Bunch Rides Member Data and Club Member Data), including, in violation of the Bunch Rides Privacy Policy; and
Your breach or alleged breach of any agreement or policy between you and other Users.

Bunch Rides reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Bunch Rides. Bunch Rides will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

19. Your Interactions with Other Users and Transactions Concluded through Bunch Rides

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Club Member or Club Manager), Bunch Rides is under no obligation to become involved.

Additionally, contracts for purchase of goods and services offered by Clubs are governed by the terms and conditions of supply or goods and services of the Clubs. Such contracts are between you and the Clubs only with the exclusion of Bunch Rides, who is not a party to such contracts.

20. Liability

To the extent permitted by law, we exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with Bunch Rides Platform, this Agreement, the use, inability to use, or results of the use of the Bunch Rides Platform, any websites linked to it and any materials posted on it, including without limitation any liability for:

Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time; and

For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this conditions shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers or exclusions may not apply to you, and you may have additional rights. The exclusions of warranties, remedies or liability contained in this Agreement apply to you to the fullest extent such exclusions are permitted under the laws of the jurisdiction in which you are located.

21. Changes to Bunch Rides Platform

Bunch Rides reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Bunch Rides Platform or any part thereof with or without notice. Bunch Rides will not be liable to you or to any third party for any modification, suspension or discontinuance of the Bunch Rides Platform.

22. Amendments

We may amend, modify, change, add or remove portions of this Agreement at any time without notice to you by posting a revised version on the Bunch Rides Platform. The revised version will be effective at the time we post it. Please check this Agreement periodically for changes. Your continued use of the Bunch Rides Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above.

23. Term and Termination

23.1 Term

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within any Club on the Bunch Rides Platform at any time and for any or no reason by contacting us at helpdesk@bunch.cc or at the address set forth below in the "Contacting Bunch Rides" Section.

23.2 Termination

Bunch Rides has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Bunch Rides Platform or any Club, (ii) remove and discard any Club Code or Content within any Club or anywhere on the Bunch Rides Platform or (iii) shut down a Club, with or without notice, and with no liability of any kind to you.

Additionally, when a breach of this Agreement and/or the Privacy Policy has occurred, Bunch Rides may take the following actions:

Warn you and request you to remedy the breach; and
In case of failure to remedy the breach and after warning you, withdraw your right to use the Bunch Rides Platform and remove any Content.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

23.3 Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Club Member Data or Your Club(s). Bunch Rides will not have any obligation to assist you in migrating your data, Your Content, Your Club Member Data, Your Code or Your Club(s) off of the Bunch Rides Platform and Bunch Rides does not keep any back-up of any of Your Content or Your Club Member Data. Bunch Rides is not responsible for deleting Your Code, Club Code or Content on your behalf. Note that, even if Your Code, Club Code or Content is deleted from Bunch Rides' active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Code or such Club Code or Content), and subject to the licenses set forth in this Agreement.

23.4 Survival

The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3, 4-7, 10-21, 24-29.

24. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of England and Wales.

You agree that any claims arising out or in connection with this Agreement shall be submitted to the exclusive jurisdiction of English Courts.

25. Relationship of the Parties

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Bunch Rides has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

26. Rights of Third Parties

Any entity which is not expressly a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1990 to enforce any term of this Agreement.

27. General

The failure of Bunch Rides to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement or assign this Agreement or your Bunch Rides Accounts, in whole or in part. Bunch Rides may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganisation, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.

This Agreement, which incorporates the Bunch Rides Privacy Policy constitutes the entire agreement between you and Bunch Rides and governs your use of the Bunch Rides Platform, superseding any prior agreements (whether written or oral) between you and Bunch Rides regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

Bunch Rides may provide you with notices, including those regarding changes to this Agreement or any of Bunch Rides' terms and conditions, by email, regular mail, or postings on the Bunch Rides Platform. Notice will be deemed given twenty-four (24) hours after email is sent, unless Bunch Rides has previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement or the Bunch Rides Privacy Policy such as notices relating to technical changes to the Bunch Rides Platform) are deemed given two (2) days following the initial posting.

28. Contacting Bunch Rides

You may contact Bunch Rides by email: helpdesk@bunch.cc