IMPORTANT NOTICE TO ALL USERS OF THE BLUECITY SERVICE DURING THE TEST PERIOD
This Notice is given to you and forms part of the contract between BlueCity and you for your registration as a Member, and any subsequent use by you of the BlueCity Service during the test period.
In order to become a Member, you must accept this notice by ticking the "I accept" box below. By ticking this box, you are confirming that you have read and understood this Notice, and that you agree to be bound by its terms.
As you are aware, the BlueCity is currently undergoing (with the support of BluePoint London Limited – an electric vehicle charge point operator - under the “Source London” brand), a testing and evaluation phase of the BlueCity Service. You have agreed to participate in this test period and also agree to become a member of the Blue City Scheme both for the test period and after the test period ends, subject to the Terms and Conditions on the BlueCity website.
This means that during the test period, the Terms and Conditions on the BlueCity website apply to your use of the BlueCity Service, but with the additional terms set out in this Notice. After expiry of the test period, you will continue to have a contract with BlueCity and be a member of the BlueCity Scheme, under the Terms and Conditions and your Membership Fee will become payable, unless it is waived by BlueCity.
This test period starts on the day on which you become a member and finishes on the date on which BlueCity notifies you through the BlueCity website that the test period has ended. Please note that during the test period, Members will have limited on-site assistance before 9am and after 5 pm. The date on which the test period begins is your “Membership Date” for the purposes of the Terms and Conditions, and the date on which the test period ends is your “Activation Date”. You will have a contract with BlueCity in relation to the BlueCity Scheme for minimum of 12 months from the Activation Date. If you wish to terminate this contract after this date, you will need to do so in accordance with the Terms and Conditions.
Participating in this test period by using the BlueCity Service within the 14 day period from your Membership Date means that you are making an express request to use the BlueCity Service during the 14 day cooling-off period that consumer laws provide. This in turn will mean that you lose your right (as a consumer) to change your mind and cancel the contract during this period. It doesn’t affect your other rights under the Terms and Conditions and this Notice.
This Notice contains several disclaimers regarding the test period, because of its very nature (as being a period for testing and evaluation). You acknowledge and agree that as the BlueCity Service is undergoing testing during this test period:
· BlueCity is entitled to modify and change the services and the way it provides those services during the test period, in particular as it takes into account feedback from you and others participating in this test period. In any case (even after the test period expires), BlueCity does not give any warranty or guarantee that the BlueCity Service will be error free, or will be available at any particular time under the Terms and Conditions.
· BlueCity will not be liable to you or anyone else for any loss you or any third party incurs as a result of any failure, unavailability or modification of the service during this test period.
Also, during this test period, BlueCity may change the Terms and Conditions by giving notice on the BlueCity website (notwithstanding paragraphs 2.2.2 and 2.2.4 of the Terms and Conditions) to take into account feedback and its experience in providing the services during the test period. Any such changes shall be effective and binding on you from the time at which you next use the BlueCity Service (for example by using a BlueCity Car or making a reservation for the BlueCity Service). The Terms and Conditions that are in force when the test period expires, as may have been amended by BlueCity during the testing period, shall apply to your contract with BlueCity from expiry of the test period (i.e. from your Activation Date). BlueCity’s notice to you of expiry of the test period will contain a link to these updated Terms and Conditions so that you have them to hand.
You should print a copy of this Notice and the Terms and Conditions or save them to your computer for future reference.
Your use of the BlueCity Service is subject to the contract between BlueCity and you, including the Terms and Conditions (and, during the testing period, also including this Notice). Where there is any inconsistency between this Notice and the Terms and Conditions, this Notice will prevail. Nothing in this Notice shall limit or exclude BlueCity's liability for any death or personal injury caused by its negligence, fraud, fraudulent misrepresentation or any other liability that cannot be limited or excluded under law.
BlueCity (UK) Limited, a company incorporated and registered in England and Wales with company registration number 09371958 and whose registered office is at 125 Wood Street, London EC2V 7AN.