Membership of the Park & Share/ Park & Cycle scheme ("the Scheme") allows you to select a suitable place to park your car ("the Location") and continue your journey either in the vehicle of a car-share partner or by bicycle. Each Location is owned or occupied by a third party which has agreed to participate in the scheme ("the Location Operator").
The Scheme is operated by us, Herefordshire Council ("the Council"). By applying for membership of the Scheme, you (the "User") signify that you have read, understand and agree to be bound by these terms of and conditions of use (”the Agreement").
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without notice. If we do this, we will indicate at the top of this page the date these terms were last revised. Your continued use of the Location after any such changes constitutes your acceptance of the amended Agreement.
1. All members of the Scheme are subject to the following provisions:
Person under 18 years of age may not be a member of the Scheme.
4.1 The Council may terminate the Agreement with immediate effect if:
4.2 The Council shall not be liable to you or any third party for any consequences, financial or otherwise, arising from termination of the Agreement.
4.3 You may terminate the Agreement at any time in accordance with clause 1(vii) above.
Your use of the Location is entirely at your own risk. The Location is provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability, noninfringement, or fitness for a particular purpose, are made with respect to the Location.
In no event shall the Council its licensors or suppliers be liable to you or any third party for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Location including but not limited to, damages for loss of profits, however caused.
You agree to indemnify the Council and hold the company, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including legal fees related to:
8.1 The Council is the Data Controller of the information it holds about you. If you wish to amend this information or have any concerns regarding it please contact the Council's Data Protection Officer, Mr G Hardy at Legal Services, "Blackfriars", Blackfriars Street, Hereford, HR4 9ZR.
8.2 The Council will comply with the Data Protection Act 1998. We will use any personal information you provide us with only for the purposes for which you provide it. We will only hold your information for as long as necessary for these purposes and will not pass it to any third parties without your consent (other than Location operators as per clause 1(ii) above). The Council employees who have access to your personal data and are associated with the handling of that data, are obliged to respect the confidentiality of your personal data. The Council employees referred to in this clause shall be restricted to those involved in the administration and running of the Scheme.
8.3 On payment of a fee you are entitled to receive a copy of the information we hold about you. Further details may be obtained from Mr P. Martens, Committee Manager, Democratic Services, Brockington, 35 Hafod Rd, Hereford, HR1 1SH.
This agreement is governed in all respects by English law and the courts of England shall have jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Council's failure to act with respect to a breach by you does not waive the Council's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. The Council shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its reasonable control. Any notice required or permitted to be given to you under this agreement shall be delivered by electronic mail to the email address provided by you during registration. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.