Terms and Conditions:
Purpose of this Agreement:
Welcome to Njinga Cycling, a service provided by Njinga Cycling Limited. We are excited to help you unlock your full cycling potential and become a more confident, efficient, and stronger cyclist.
This Agreement sets out your rights and obligations as a Njinga Cycling member and customer of Njinga Cycling Limited. By clicking on the “BUY” button to purchase a Njinga Cycling Academy Online Programme (“Online Programme”), you indicate that you have read and understood the terms and conditions below and accept you are voluntarily engaging in an acceptable level of exercise, understand your participation involves a risk of injury and that you will be bound by its terms, obligations, representations, warranties, and agreements contained herein (the "Agreement").
In the event, you are not willing to accept the Agreement, you shall not be authorised or allowed to proceed further to view or use in any manner any Online Programme provided on www.njingacyclingacademy.com (the "Website"), which is owned, maintained and monitored by Njinga Cycling Ltd.
- 1. Usernames and Passwords:
- As a Njinga Cycling member, I understand I am required to create an account to access the Website. I confirm that the information I have provided is truthful and accurate, and that I am not impersonating another person. I understand I am responsible for maintaining the confidentiality of any password that I need to access my Njinga Cycling account, and I agree not to transfer my password or user name, or lend or otherwise transfer my use of or access to my Njinga Cycling user account, to any third party.
- I understand I am fully responsible for all transactions with, and information conveyed to, Njinga Cycling under my user account. I agree to immediately notify Njinga Cycling Limited of any unauthorised use of my password or username or any other breach of security related to my user account. I agree that Njinga Cycling Limited is not liable, and I will hold Njinga Cycling Limited harmless, for any loss or damage arising from my failure to comply with any of the foregoing obligations.
If paying by debit card, or credit card, I agree to give Njinga Cycling Limited permission to automatically charge my credit or debit card as payment for the Online Programme without any additional authorisation, for which I will receive an electronic receipt.
If payment is not received by the date due, in purchases involving a reoccurring payment, I will have a three (3) day grace period to make the payment otherwise the Online Programme will not continue, and Njinga Cycling Limited reserve the right to cease my access immediately and permanently.
If I fail to make payment promptly by these Terms or voluntarily decide to withdraw from the Online Programme at any time or for any reason whatsoever, I will still remain fully responsible for the full cost of the Online Programme.
All information obtained during my purchase or transaction for the Online Programme and all of the information that I give as part of the transaction, such as my name, address, method of payment, credit card number, and billing information, may be collected by both Njinga Cycling Limited and its payment processing company. (Stripe)
I agree to only purchase goods or services for myself or for another person for whom I am legally permitted to do so or for whom I have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
I agree to be financially responsible for all purchases made by me or someone acting on my behalf. I agree to use the Online Programme for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
- 3. Course Access:
- I understand all Online Programmes are designed to generate results and have been structured in such a way so that if I follow the correct timeframe and format, I will get maximum benefit i.e. If I have purchased a 30-day Online Programme I understand it is recommended for the best results to complete it within the designated 30-day timeframe. This is to help keep me accountable and on target to achieve my Online Programme objectives. I acknowledge that injury and other things can sometimes get in the way so I will have access to my Online Programme for an additional 10 days post the recommended completion timeframe. I.e. For a 30-day Online Programme I will have access for 40 days from date of purchase. After this period, I understand my access to the Online Programme will be removed.
All prices, products, and offers on this Website are subject to change without notice.
While Njinga Cycling Ltd make sure to provide the most accurate and up-to-date information, in some cases one or more items on its Website may be priced incorrectly. This might happen due to human errors, digital images, technical errors, or a mismatch in pricing information received from its suppliers.
Njinga Cycling Limited reserves the right to change prices for all its products, offers, or deals. These changes are done due to market conditions, programme termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.
No Refunds will be offered unless expressly stated to the contrary herein, or as provided by applicable law and there are no refunds or credits for partially used services.I acknowledge Njinga Cycling Limited are so confident of the quality of their Online Programmes, that it is backed up with a 100% money-back guarantee. If I see no results over the course of the Online Programme, a full refund will be given to me subject to the following terms and conditions. I understand non-adherence of these conditions will void the guarantee.
As a continuing condition of taking part, I will ensure that, during the Online Programme, where outdoor riding is included:
- a) I understand all money back guarantees offered by Njinga Cycling Limited are subject to a maximum period of 30 days, unless otherwise stated, from date of purchase. No refund claims outside of this period will be considered.
- b) I understand it is my responsibility to make Njinga Cycling Limited aware of any dissatisfaction with the quality of the Online Programme at my earliest opportunity.
- c) I acknowledge claims should be submitted at my earliest opportunity to [email protected] and should be supported by any feedback I have submitted during the Online Programme along with evidence to prove I have tried (as instructed) all elements of the Online Programme, but still seen no improvements. I understand verbal feedback is not accepted as an official claim.
- d) I understand Njinga Cycling Limited will not accept any responsibility for lost, late, ineligible, or incomplete claims. Proof of posting will not be accepted as proof of receipt. Incomplete or illegible claims will not be processed.
- e) I understand the cost paid for the course will be refunded only if a claim is successful.
- f) I understand refunds will be made using the same method as I used when I purchased the Online Programme.
- g) I acknowledge processing of my refund may take up to 28 days.
- h) I understand this money back guarantee applies to all Online Programmes within the Njinga Cycling Academy.
- i) I understand no bulk or third-party claims will be accepted.
- j) I acknowledge Njinga Cycling Limited reserves the right to terminate or amend their money back guarantee offer at any time.
- k) I understand Njinga Cycling Limited’s decision is final, and no subsequent correspondence will be entered.
- l) Njinga Cycling Limited reserves the right in its absolute discretion to refuse claims that do not comply with these terms and conditions. Njinga Cycling Limited also reserve the right to forfeit the guarantee if any abuse of the money back guarantee offer is suspected.
- 6. Ride Safety:
Additionally, as a continuing condition of taking part, I will ensure that, during the Online Programme, where indoor riding is included:
- a) I will always wear a safety approved cycle helmet when cycling (it is recommended that all participants wear helmets complying with ANSI Z90/4 or SNELL standards).
- b) My bicycle is roadworthy and has been serviced recently by a qualified bicycle mechanic.
- c) I have a minimum of 2 bottle cages on my bicycle and 2 x 700ml water bottles minimum.
- d) I have a saddle bag with spare inner tubes, 2 tyre levers and small pump or gas canisters with inflator.
- e) I have a fully functioning front clear bicycle light and red rear bicycle light.
- f) I will always comply with the Highway Code.
- g) I will ride in single file where appropriate and no more than 2 abreast at any time (please be aware of your fellow cyclists and any other traffic).
- h) I will indicate my intention to stop or change direction.
- i) I will always obey traffic officers.
- j) I am capable of carrying out basic bike maintenance, such as puncture repairs.
- k) I understand any equipment that acts as an impediment to my hearing or concentration is prohibited while riding on my bike. This includes, but is not limited to, mobile telephones, personal stereos and MP3 players.
I understand and accept that representatives from Njinga Cycling Limited may take photographs and video footage during the Online Programme for use to publicise and promote Njinga Cycling Limited. I agree to waiver all rights across all media rights (known or unknown) worldwide. I agree that Njinga Cycling Limited has permission to use any photo and written endorsements submitted by me to them or that I have posted across social media for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Njinga Cycling Limited or any product or service sold and marketed by Njinga Cycling Limited. I also agree that the photographs may be combined with other photographs, sounds, text and graphics, and that the photographs may be manipulated, cropped, altered or modified in Njinga Cycling Limited’s sole discretion. I agree not to charge a royalty or fee, and not to make any other monetary assessment against Njinga Cycling Limited in exchange for this Release and Assignment.
- a) I will make sure my indoor stationary bike or indoor turbo trainer has been assembled and set up properly.
- b) I will also ensure I have had a proper bike fit or bike set up to ensure dimensions are correct to avoid possible injury.
- 7. Media and Photography:
As part of purchasing the Online Programme, Njinga Cycling Limited shall grant you access to its content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific training programme you have registered for ("Content and Courseware").
- 8. Removal of Participants:
- I understand that Njinga Cycling Limited reserves the right at any time to remove participants from the Online Programme or to prevent participants taking part on the Online Programme if in Njinga Cycling Limited’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Online Programme by other participants or for any other reasonable reason. I understand this prohibited activity includes but is not limited to:
- a) Harmful Acts - Any dishonest or unethical business practice; any violation of the law; infliction of harm to Njinga Cycling Limited’s reputation; and the violation of the rights of Njinga Cycling Limited or any third party. I will not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others.
- b) “Spamming” And Unsolicited Communications – Njinga Cycling Limited have zero tolerance for unsolicited commercial e-mails/spam. Any communications sent or authorised reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Njinga Cycling Limited’s reputation and to the rights of third parties. It is my obligation, exclusively, to ensure that all business communications comply with National and local anti-spamming or analogous laws.
- c) Offensive Communications - Any communication sent, posted, or authorised by me, including without limitation postings on any Njinga Cycling Limited platforms including but not restricted to the Njinga Cycling closed Facebook Group, or Njinga Cycling social media, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, slanderous, harassing, or discriminatory; graphically violent; solicitous of unlawful behaviour; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
- 9. Content and Courseware:
I am aware Njinga Cycling Limited reserve the right to change the Online Programme, in whole or in part, or cancel/postpone the Online Programme for any reason that would affect the safety and security of the Online Programme participants. I understand it is Njinga Cycling Limited’s sole and absolute discretion and that I will be provided with a notice of any such changes.
The Content and Courseware appearing on the Website could include technical, typographical, or photographic errors. Njinga Cycling Limited does not warrant that any of the Content and Courseware on its Website are accurate, complete, or current. Njinga Cycling Limited may make changes to the Content and Courseware contained on its Website at any time without notice. Njinga Cycling Limited does not, however, make any commitment to update the Content and Courseware.
- 10. Revisions and Errata:
Njinga Cycling Limited has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Njinga Cycling Limited of the site. Use of any such linked Website is at the user's own risk.
Njinga Cycling Limited value and respect others intellectual property and expects its users to do the same.
- 12. Copyright and Intellectual Property:
I agree for the purposes of this condition, personal information includes medical data collected for health and safety purposes ("Personal Information").
- The entire contents of the Website are protected by copyright and trademark laws. The owner of the copyrights and trademarks are Njinga Cycling Limited, its affiliates, or other third party licensors. The material on the site, including text, graphics, code and/or software is copyrighted and belongs to Njinga Cycling Limited therefore you may not duplicate, modify, publish, or reproduce the content in any manner. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial). Attempt to decompile or reverse engineer any software contained on Njinga Cycling Limited’s Website.
- You are not allowed to use any of the digital images or logos from the Website. In case of copyright issues, there must be a written consent from the trademark owner.
- I understand this license shall automatically terminate if I violate any of these restrictions and may be terminated by Njinga Cycling Limited at any time. I understand upon terminating my viewing of these materials or upon the termination of this license, I must destroy any copied/downloaded materials in my possession whether in electronic or printed format.
- 13. Data Protection:
- a) I agree that my personal information can be stored and used by Njinga Cycling Limited in connection with access to, and communication and administration of the Online Programme.
- b) I agree that my name and contact details can be used by Njinga Cycling Limited for the purposes of keeping me informed about any information relating to the Online Programme.
- c) I understand Njinga Cycling Limited shall take all necessary steps to ensure that my personal information or marketing information pertaining or relating to me which comes into the possession or control of Njinga Cycling Limited shall not be used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions.
14. Force Majeure:
I understand Njinga Cycling Limited will not be responsible to me for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labour strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labour in the open market, acute and unusual labour, material, or equipment shortages, or any other causes beyond the control of Njinga Cycling Limited. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Njinga Cycling Limited shall not be required against its will to adjust any labour or other similar dispute except in accordance with applicable law.
15. Indemnity:I understand and agree that I participate in the Online Programme entirely at my own risk and that no responsibility whatsoever shall attach to Njinga Cycling Limited, any sponsors or suppliers, or any person involved in the organisation of the Online Programme for any injury, accidents, loss or damage suffered by me in, or by reason of the Online Programme, however such may be caused. The materials on Njinga Cycling Limited’s Website are provided 'as is'. Njinga Cycling Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Njinga Cycling Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
Nothing contained in the Online Programme should be construed as any form of medical advice or diagnosis. The Online Programmes are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through the Online Programmes is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counsellor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered healthcare professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in the Online Programmes or received from Njinga Cycling Limited. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. If you have or suspect that you have a medical or mental health issue, contact your health care provider promptly. Njinga Cycling Limited are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent, or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease, or condition. Njinga Cycling Limited are not giving medical, psychological, or religious advice whatsoever.16. Associated Risk:
I am aware of the physically strenuous nature of the Online Programme and the risks both medically and physically. I confirm I am healthy and fit (physically and medically) enough to take part in this Online Programme. I also accept that should any medical or physical condition arise prior to starting or during the Online Programme which is likely to affect my ability to take part, will be reason to withdraw in accordance with these conditions. I understand training on injuries should be avoided at all costs and if I’m unsure I must consult a qualified practitioner e.g. physiotherapist, osteopath, qualified and certified bike fitter, etc. I also understand if I have not exercised before or for a long time that it is my responsibility to consult my doctor before joining the Online Programme. I understand that this Online Programme may involve strenuous physical activity associated with cycling and understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in this Online Programme relating to the risk of strenuous physical activity, collisions with other riders, or falling off my bicycle. I acknowledge that I may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume all risks from contact with other participants and volunteers, negligent or want on acts of other participants and volunteers, any defects of conditions of road surfaces (including uneven or wet road surfaces or gravel on the road surface), failure of cyclists, vehicles, and non-participants to observe traffic signals or laws, and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity.17. Waiver of Liability/ Responsibility:
Whilst Njinga Cycling Limited takes every care with providing the Online Programme, I acknowledge that personal accident and personal items insurance is my sole responsibility. Njinga Cycling Limited shall not be liable for any loss or damage of or to personal equipment belonging to myself, or any indirect or consequential loss or damage whatsoever arising out of me taking part in the Online Programme; or for any loss of business; revenue or profit; loss of reputation; anticipated savings or wasted expenditure. In consideration for being permitted to participate in the Online Programme, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following: TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me, or any loss or damage to property owned by me, as a result of participating in the Online Programme. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in the Online Programme including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees. I agree that Njinga Cycling Limited’s liability or the liability of its affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Content and Courseware shall not exceed the fee I paid to Njinga Cycling Limited for the particular Online Programme.
Nothing in this agreement shall affect Njinga Cycling Limited’s liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
18. Integration Clause:
19. Waiver and Severability of Terms:
The failure of Njinga Cycling Limited to exercise or enforce any right or provision of this Agreement shall 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 endeavour 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.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
The Website may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on the Website and these Terms, these Terms shall control.
20. Governing Law:
This Agreement shall be governed by the laws of England and Wales, without respect to its conflict of laws principles. Any claim or dispute between you and Njinga Cycling Limited that arises shall be decided exclusively by a court of competent jurisdiction located in London.
Njinga Cycling Limited may revise these Terms and Conditions for its Website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these Terms and Conditions.
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