Terms and Conditions

  1. This website and the mobile applications and services available through or in connection with it (the “WebSite”) are made owned, licensed to or operated by and made available to you by Ucan-Do- It Limited trading as ‘Ucando-it’ (“Ucan”, ”We”, ”Us” and ”Our”) subject to these terms and conditions, including those set forth in the Our Privacy Policy (the “Terms”).

  2. By accessing, viewing, using or downloading any materials, information or content from the Website, you agree to comply with, adhere to, follow and be bound by these Terms. We may update, change, amend, modify or alter these terms (or any part of them) from time to time without notice to you. The most current version of the Terms shall be available at all times on the Website.

  3. From time to time We (and some of Our third party providers) may need to make improvements, changes, remove or make alterations and/or additions to some or all of the products, services, mobile applications, information, content, links, features, programs and/or prices set out on this Website. If this happens for any reason whatsoever it will be done without giving specific notice to you. Certain provisions of these Terms may be supplemented, added to, replaced or superseded by other legal notices, policies or terms on this Website.

  4. Neither the Website nor any apps, links, information, content, articles or programs on it are not intended for and are not designed to attract, be available to or used by children under 13 years of age.

  5. If you do not agree with these Terms and do not wish to be bound by them in any way whatsoever, please do not use this Website or any of the apps, links, information, content, articles or programs on it. BY CONTINUING TO USE THE WEBSITE OR ANY OF THE APPS, LINKS, INFORMATION, CONTENT, ARTICLES OR PROGRAMS ON IT YOU ARE INDICATING YOUR AGREEMENT TO THESE TERMS IN THEIR ENTIRETY AND ALL REVISIONS THEREOF.

  6. Ucan reserves the right at its absolute discretion and at any time and from time to time to modify, suspend, withdraw or discontinue, either temporarily or permanently, the Website or any part thereof with or without notice to you. You agree that under no circumstances whatsoever shall Ucan be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Website or any part thereof.

  7. Your account with Us

  8. You must complete the membership registration form before you can use the services set out on the Website. By registering with Us you agree to:

    1. provide true, accurate, current and complete information about yourself as set out and required by Our registration form on the Website (“Your Information”); and
    2. maintain and promptly update the Your Information to ensure that it is kept up to date and is completely accurate at all times. By registering with Us You agree that We may use Your Information to provide Our services as set out on the Website for which you have expressed your interest by registering with Us.
  9. If you provide any information that is inaccurate, incorrect, incomplete or not current, or We, in our absolute opinion and without explanation, suspect that Your Information is inaccurate, incorrect, incomplete or not current, We reserve the right to suspend, withdraw or terminate your account and refuse any and all current or future use of the Website and/or any of Our services.

  10. By registering with Us and/or using the Website and/or any services on it, you represent and confirm that you are of legal age to form a legally binding contract and are not a person barred from receiving services the same as or similar to those provided by Us under the laws of any applicable jurisdiction.

  11. You and the website

  12. You are solely responsible for maintaining and ensuring the confidentiality of the password associated with your account with Us at all times and for restricting access to your password and to your computer or any other devices which you use to access the Website while you are logged in. You accept sole responsibility for any all activities that occur under or in relation to your account or from your computer or other devices. We endeavor to use reasonable security measures to protect against unauthorised access to your account. However, We cannot guarantee absolute security of your account or Your Information, and We cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Website or its contents.

  13. You agree to immediately notify Us immediately if you become aware of any:

    1. unauthorised use of or access to your account, user name and/or password; or
    2. other breach of security
    3. and you agree to accept any and all risks of or related to unauthorised access to the Your Information and any other information you provide to Us.

  14. You understand, accept, confirm and acknowledge that any and all information, content, data, text, software, sound, photographs, graphics, logo, design, intellectual property rights, video, messages, tags and/or other materials whatsoever (“Content”), whether publicly posted or privately transmitted, available on or in any way in connection with or via the Website are, and shall at all times remain, the sole responsibility of the person from whom such Content originated. Therefore, for the avoidance of any doubt, you, and not Ucan, are and shall at all times remain, entirely responsible for all Content that you upload, create, list, post, produce, email, send transmit and/or otherwise publish or make available on or via the Website. Ucan does not control or monitor the Content posted on or to the Website by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, there is a possibility that you may be exposed to Content that is offensive, indecent or objectionable in some way. Under no circumstances will We be liable in any way to you or any third party whatsoever for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on or via the Website.

  15. By registering with Us and using the services and/or the Website, You hereby agree to not use the Website, either directly or indirectly, to:

    1. upload, post, email, publish, display, distribute, transmit or otherwise make available in any format and/or in any way whatsoever any Content that is, or could reasonably be considered to be, unlawful, harmful, threatening, abusive, harassing, offensive, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate, copy or falsely state a connection with any person or entity;
    4. upload, post, email, transmit, publish, show or otherwise make available any Content that you do not have a right to make available under any law or under any contractual and/or fiduciary relationships;
    5. upload, post, email, transmit or otherwise make available any Content that infringes, or could reasonably be considered to infringe, any patent, trademark, logo, trade secret, copyright or other proprietary rights of any party whatsoever and wherever arising;
    6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation whatsoever;
    7. upload, post, email, transmit, publish, show or otherwise make available any material that contains, or could reasonably be considered to contain, software viruses or any other computer code, files or programs designed or intended to interrupt, affect, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment;
    8. interfere with, damage, affect, delay or disrupt the Website or any servers, networks or other equipment connected or linked to the Website, or disobey, ignore or go against any requirements, procedures, policies or regulations of any networks, equipment or servers connected to the Website; and/or
    9. intentionally or unintentionally violate any applicable local, state, national or international law.
  16. You specifically agree not to access (or attempt to access) either directly or indirectly, the Website or the Content (either in whole or in part) through any automated means (including, but not limited to, the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Website.

  17. You hereby acknowledge and confirm that Ucan may or may not pre- screen, check, review, evaluate and/or monitor Content, but that We and our designees and/or authorised persons shall have the right (but not the obligation) in their absolute discretion (and without explanation of the exercise of such discretion) to pre-screen, check, review, evaluate, monitor, refuse or remove any Content that is available via the Website. Without limiting the foregoing, Ucan and its designees and/or authorised persons shall have the right to remove, change, alter, amend or modify any Content that violates these Terms or is otherwise considered by Ucan and/or its designees and/or authorised persons objectionable. You agree that you must evaluate and be responsible for any and all risks associated with or relation to, the use of any Content available in connection with the Website, including any reliance on the accuracy, completeness, or usefulness of such Content.

  18. You hereby acknowledge, confirm, consent and agree that We may access, store, keep, backup, preserve and disclose Your Information and any other Content if We are required to do so by law or in a good faith belief that such accessing, storing, keeping, backing up, preservation or disclosure is reasonably necessary to:

    1. comply with due legal process in an appropriate jurisdiction;
    2. enforce these Terms or any part thereof;
    3. respond to or address any claims in any jurisdiction that any Content violates the rights of third parties;
    4. respond to your requests for customer service; or
    5. protect the rights, property or personal safety of Ucan, its officers, employees, agents, sub-contractors, advisers, users and the public in general. Subject to the foregoing, Ucan will use its reasonable efforts to maintain the confidentiality of Your Information.
  19. The Website is for your personal use only and may not in any circumstances be used for any commercial use whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes the whole or any part of the Website, use of the Website or access to the Website.

  20. You hereby confirm, agree and acknowledge that you understand that the use of certain features of the Website may require you to have access to or purchase third party equipment, services, information or materials. We may, from time to time, make recommendations in relation to the equipment or materials of certain third party suppliers which may be of interest to you. In this event, We shall have no responsibility whatsoever for, or in relation to, your acquisition or use of any third party equipment or materials and We do not guarantee, represent, warrant, or undertake that third party equipment or materials will function with the Website or will be error-free or suitable for your purposes.

  21. Your links to the Website

  22. The Website may provide, list or make reference to, or third parties may provide, list or make reference to, links to other websites, content, information or resources, whether on the internet or otherwise. As We have no control whatsoever over such sites, content, information and resources, you hereby acknowledge, agree and confirm that Ucan is not (and shall at no time be) responsible for the availability of such external sites, content, information or resources, and We do not in any way endorse or recommend and We are not responsible or liable for any Content, advertising, products or other materials on or available from such sites, content, information or resources.

  23. You are hereby granted a limited, non-exclusive right to create a text hyperlink to the Website. You may only exercise this right if:

    1. such link does not portray Ucan or any of Our services in a false, misleading, derogatory, untrue, inaccurate or otherwise defamatory manner; and
    2. the site displaying the link does not contain any material, information, content or other links which are, or could reasonably be considered to be, pornographic, illegal, offensive, harassing or otherwise objectionable in any way whatsoever.
  24. Our important ownership rights

  25. You hereby agree and acknowledge and agree that the Website, any software that may from time to time be used in connection with the Website and any Content available on or via the Website contain proprietary and confidential information that is protected by any and all applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by Ucan in advance or any relevant third party service providers, you agree that you may not, either directly or indirectly, modify, alter, change, amend, rent, lease, loan, give, provide, sell, distribute, make available or create derivative works based on the Website, any software used in connection with the Website and/or Content available on the Website whether in whole or in part.

  26. Ucan hereby grants to you a personal, revocable, non-exclusive and non- transferable right and license to access, view and use the Website on the basis that you do not (and do not allow any third party to), directly or indirectly, copy, modify, amend, alter, change, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Website and/or any software accessible through it, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Website.

  27. You hereby agree and acknowledge that you will not access the Website by any means other than through the interface that is provided by Us for use in accessing the Website.

  28. The names “Ucan”, “Ucando-it”, the “Ucan” & Ucando-it” logos and other Ucan logos and service names are the absolute property and exclusive trademarks of, and are owned by, Ucan-Do- It Limited. You may not under any circumstances use or display Ucan’s name, logo or trademarks (whether registered or otherwise) in any way whatsoever without Ucan’s prior written permission.

  29. Any third party logo, trademarks or service marks displayed on the Website are the property of their respective owners.

  30. All rights not expressly granted hereunder are reserved by Ucan.

  31. Disclaimer of implied warranties and exclusion of liability

  32. THE CONTENT, INFORMATION, SOFTWARE AND OUR SERVICES AVAILABLE ON OR VIA THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY, IMPLIED OR OTHERWISE, OF ANY NATURE WHATSOEVER. UCAN AND ITS SUBSIDIARIES, HOLDING COMPANY, SUBSIDIARIES OF ITS HOLDING COMPANY, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH REGARD TO SUCH CONTENT, INFORMATION, SOFTWARE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UCAN AND ITS SUBSIDIARIES, HOLDING COMPANY, SUBSIDIARIES OF ITS HOLDING COMPANY, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY WHATSOEVER THAT:

    1. THE SERVICE, THE WEBSITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS;
    2. the site displaying the link does not contain any material, information, content or other links which are, or could reasonably be considered to be, pornographic, illegal, offensive, harassing or otherwise objectionable in any way whatsoever.
    3. THE RESULTS, DATA, INFORMATION AND/OR RECORDS THAT MAY BE OBTAINED BY OR PROVIDED TO YOU FROM OR IN RELATION TO YOUR USE OF THE SERVICE OR ACCESS TO THE WEBSITE AND/OR THE CONTENT WILL BE ACCURATE, CORRECT, ERROR-FREE OR RELIABLE;

    4. THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND

    5. ANY ERRORS IN THE WEBSITE WILL BE CORRECTED AS QUICKLY AS POSSIBLE.

  33. YOU EXPRESSLY HEREBY AGREE. ACKNOWEDGE AND CONFIRM THAT UCAN IS NOT PROVIDING MEDICAL ADVICE VIA THE WEBSITE. THE CONTENT PROVIDED THROUGH THE WEBSITE, INCLUDING ANY AND ALL INFORMATION, CONTENT, WRITTEN TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, DRAWINGS, ANIMATION, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND ALL OTHER MATERIALS WHATSOEVER, WHETHER PROVIDED BY US OR BY ANY THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE CONSIDERED TO BE OR RELIED UPON INSTEAD OF:

    1. THE ADVICE OF A SUITABLY QUALIFIED DOCTOR, NURSE OR OTHER MEDICAL PROFESSIONALS;
    2. A CONSULTATION (IN ANY FORM WHATSOEVER) WITH A SUITABLY QUALIFIED DOCTOR, NURSE OR OTHER MEDICAL PROFESSIONALS;
    3. INFORMATION CONTAINED ON THE WEBSITE AND/OR THE PROVISION BY US OF OUR SERVICES OR OTHERWISE.

  34. IF YOU HAVE ANY QUESTIONS, CONCERNS OR QUERIES REGARDING HEALTH RELATED ISSUE YOU SHOULD DIRECT THEM TO A DOCTOR OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR DOCTOR OR TELEPHONE 999 IMMEDIATELY AND ASK FOR MEDICAL ASISSTANCE.

  35. YOU SHOULD NEVER, AND HEREBY AGREE AND ACKNOWLEDGE THAT YOU WON’T AT ANY TIME, DISREGARD OR IGNORE MEDICAL ADVICE OR DELAY IN SEEKING OR OBTAINING MEDICAL ADVICE BECAUSE OF ANY CONTENT PUBLISHED, DISPLAYED OR MADE AVAILABLE ON THIS WEBSITE OR IN RELATION TO OUR SERVICES, AND YOU SHOULD NOT USE THIS WEBSITE, OUR SERVICES AND/OR ANY CONTENT ON IT FOR DIAGNOSING, CONSIDERING, ASSESSING OR TREATING ANY SORT OF HEALTH PROBLEM OR ISSUE. THE TRANSMISSION, VIEWING, ACCESSING AND/OR RECEIPT OF ANY CONTENT ON THE WEBSITE, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR ANY OTHER MEANS WHATSOEVER DOES NOT AND SHALL NOT AT ANY TIME BE CONSIDERED TO CONSTITUTE OR CREATE A DOCTOR- PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND UCAN NOW OR AT ANY TIME IN THE FUTURE

  36. YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY AND ALL ATHLETIC AND EXERCISE ACTIVITIES THAT YOU UNDERTAKE AND WHICH GENERATE THE CONTENT, INFORMATION, RECORDS AND/OR DATA WHICH YOU POST, PUBLISH OR DISPLAY OR WHICH YOU SEEK TO POST, PUBLISH OR DISPLAY ON THE WEBSITE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF BODILY INJURY OR DEATH AND/OR DAMAGE TO PROPERTY WHETHER BELONGING TO YOU OR THIRD PARTIES AND YOU HEREBY VOLUNTARILY ASSUME ANY AND ALL RISKS OF WHATEVER NATURE AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, ASSOCIATED WITH SUCH ATHLETIC AND EXERCISE ACTIVITIES EVEN IF SUCH BODILY INJURY OR DEATH AND/OR DAMAGE IS CAUSED IN WHOLE OR PART BY THE ACTION, INACTION, ERROR, MISTAKE OR NEGLIGENCE OF UCAN OR BY THE ACTION, INACTION, ERROR, MISTAKE OR NEGLIGENCE OF ANY THIRD PARTY WHATSOEVER. YOU ALSO EXPRESSLY HEREBY AGREE, ACCEPT AND ACKNOWLEDGE THAT UCAN ASSUMES NO RESPONSIBILITY WHATSOEVER FOR THE INSPECTION, SUPERVISION, PREPARATION, ARRANGEMENT OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILISES, IN ANY WAY, THE WEBSITE.

  37. YOU HEREBY EXPRESSLY AGREE TO RELEASE UCAN, ITS HOLDING COMPANY, ANY SUBSIDIARY OF ITS HOLDING COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY WHATSOEVER AND HOWSOEVER ARISING CONNECTED WITH OR RELATED IN ANY WAY WHATSOEVER TO YOUR ATHLETIC OR EXERCISE ACTIVITIES, AND YOU HEREBY PROMISE NOT TO SUE ANY ONE OR MORE OF THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, EXPENSES OR LOSSES WHATSOEVER ASSOCIATED WITH OR RELATED TO YOUR ATHLETIC OR EXERCISE ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE IN ANY WAY WHATSOEVER TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

    1. YOUR USE OR MISUSE OF OUR SERVICES AND/OR THE WEBSITE;
    2. YOUR USE OR MISUSE OF ANY EQUIPMENT, SOFTWARE AND/OR PROGRAMS CREATED OR LICENSED BY UCAN WHILE ENGAGED IN OR UNDERTAKING ANY ATHLETIC ACTIVITIES WHATSOEVER;
    3. YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS NECESSARY FOR THE PROVISION BY US OF THE SERVICES AND THE WEBSITE WHICH ARE AVAILABLE THROUGH THE WEBSITE;

    4. ANY DELAY OR INABILITY TO USE, VIEW OR ACCESS THE WEBSITE OR THE SERVICES EXPERIENCED BY YOU OR ANY THIRD PARTY;

    5. ANY INFORMATION, DATA, SOFTWARE, PRODUCTS, SERVICES OR CONTENT WHATSOEVER OBTAINED, VIEWED, SEEN OR ACCESSED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT UCAN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

  38. Your indemnity

  39. You hereby agree to indemnify and hold harmless Ucan and its holding company, subsidiaries of its holding company, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors from and against any and all claims, actions, proceedings or demands including, but not limited to, reasonable attorneys’ fees, made by any third party whatsoever due to or arising out of your use of (or inability to use) the Website, your athletic activities (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events), your connection and/or access to the Website, your violation of these Terms or your violation of any rights of another person or entity.

  40. Termination of these Terms and access to the Website

  41. You hereby agree and confirm that Ucan may, under certain circumstances and without prior notice to you or any other third party whatsoever, immediately terminate your account with Us and/or access to Our services and/or the Website.

  42. Cause for termination by Us shall include, but not be limited to:

    1. any one or more breaches or violations by you of these Terms or any other incorporated agreements, policies and/or guidelines including, but not limited to, any of the same posted on or accessed via the Website;
    2. requests by law enforcement or other government agencies;
    3. a request by you in a form acceptable to Us;

    4. discontinuation or material modification, change, amendment or alteration of Our services and/or to the Website (or any part thereof);

    5. unexpected technical or security issues or problems relating to or affecting the provision of Our services and/or the Website;

    6. extended periods of inactivity which, in Our absolute opinion, are such as to warrant the termination of your account; and/or

    7. nonpayment by you of any fees owed by you to Us in connection with or related to the provision of Our services and/or the use of or access to the Website.

  43. Termination of your account with Us may mean:

    1. the removal of access to all of Our services as well as the remainder of all content, data and information set out within the Website;
    2. the deletion of Your Information, any data, files and Content associated with, relating to or inside your account; and
    3. the barring of further use of the Website. Further, you agree, accept and acknowledge that all terminations for cause shall be made in Ucan’s absolute discretion and that Ucan shall have nom liability whatsoever to you or any third party for any termination of your account or access to Our services and/or the Website.

  44. General matters

  45. You may not assign all or any part of any benefit of or interest, right or licence in or arising out of these Terms.

  46. Nothing in these Terms, and no action taken by you or Us pursuant to these Terms, shall constitute, or be deemed to constitute, a partnership between you and Us, or shall constitute you as Our agent, employee or representative.

  47. You and We agree that each of us will at all times act towards each other conscientiously and in good faith regarding these Terms and its subject matter.

  48. Any notice required to be given shall be sent electronically to the last known email address of the recipient. Our email contact addresses are on the Website.

  49. Failure by Us to enforce or exercise, at any time or for any period, any of these Terms does not constitute, and shall not be construed as, a waiver of such term and shall not affect the right to enforce such term, or any other term contained in these Terms, at a later date.

  50. The invalidity or unenforceability of any term or clause or any right arising in or pursuant to these Terms shall not adversely affect the validity or enforceability of the remainder.

  51. These Terms constitute the entire agreement between you and Us and supersedes and replaces any and all previous agreements, understandings or arrangements between you and Us, whether oral or in writing, relating to its subject matter.

  52. None of the Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party

  53. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and We hereby irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).