Terms & Conditions

ScootCrate is owned and operated by Fleet Action Sports Limited (hereafter referred to as Fleet Action Sports and/or ScootCrate).

Fleet Action Sports is registered in England and Wales under company number 11091482.

By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you should not use or access this Site. Fleet Action Sports reserves the right to revise these Terms at any time by updating this posting, but will not change these Terms in relation to orders which have been placed and acknowledged by Fleet Action Sports before the change is made. You are invited to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy.

BY ACCESSING,USING OR BROWSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND, AS SUCH, ARE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO COMPLY WITH THE TERMS OUTLINED BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. INFORMATION ON THIS SITE, INCLUDING BUT NOT EXCLUSIVE TO, PRODUCT COST IS SUBJECT TO CHANGE WITHOUT NOTICE. FLEET ACTION SPORTS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATIONS TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY FLEET ACTION SPORTS PRIOR TO THE CHANGE BEING MADE.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site and the App or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Use of the Site

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Fleet Action Sports. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Fleet Action Sports. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.

We require all Site users to agree not to use the Site, and specifically prohibit any use of the Site for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
• Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or Fleet Action Sports’ network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site or the App. Further, you may not use any such automated means to manipulate the Site such as automating what are otherwise manual or one-off procedures, this prohibits the use of bots or other software to automatically purchase subscriptions and items of highly sought after or limited supply. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing", “DDOSing” or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Registration and Passwords

In order to access certain services on the Site and the App, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorised use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to our Privacy Policy, which Additional Terms will be made available to you at the appropriate time and are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

Orders and Contracts

ScootCrate and ScootCrate Apparel subscriptions may be placed by clicking on the box you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" button on the checkout page.

Your order constitutes an offer to Fleet Action Sports to buy a crate subscription. All orders are subject to acceptance by Fleet Action Sports. Fleet Action Sports is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Fleet Action Sports accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched, this could be from either Fleet Action Sports or ScootCrate.

Customers Subscription Contract

By purchasing any subscription the customer enters into an agreement with Fleet Action Sports Limited in which you acknowledge that your subscription has an initial and recurring payment feature for which you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then current subscription rate. You must cancel your subscription at least 48 hours prior to your scheduled renew date either by updating your subscription status on our website or by e-mailing info@scootcrate.com. Once you cancel, you may use your subscription until the end of the then-current month, however, your ScootCrate and/or ScootCrate Apparel Benefits will cease at the point that you cancel. The monthly subscription cut-off date for ScootCrate and ScootCrate Apparel is set at the 19th of each month, if you subscribe after this date you will be charged but will not receive a ScootCrate or ScootCrate Apparel until the drop dates for the following month. After your initial payment, your credit card will be charged on the 1st of every calendar month after you receive your first crate. Drop Dates: 21st - 29th of any given month (excluding February).

For multiple month subscriptions (3 month, 6 month and 12 monthly subscriptions), your subscription will automatically renew after your then-current term expires. You may choose to opt out of auto renewal at any time. Gift subscriptions do not automatically renew. If you cancel your multiple month subscription other than as a result of a breach by Fleet Action Sports of these Terms, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

If you cancel your subscription, you will not be eligible for a refund of any portion of the subscription fee paid for for the then current subscription period. Fleet Action Sports Limited reserve the right to revoke your subscription at any time. Returns with the request of a refund will be refunded the paid for subscription cost minus the shipping and will be at the discretion of our support staff. Subscriptions will be void where/if prohibited by law.

The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Consumer Rights and Cancellation below).

Prices include VAT and delivery costs (where applicable).

Consumer Rights and Cancellation

You may cancel your first order and receive a refund at any time before your order is dispatched and up to fourteen days afterwards. In this case, you will receive a full refund of the price paid for the products in accordance with the Fleet Action Sports ‘ScootCrate’ refunds policy (see below).

Each crate subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a box subscription and receive a refund within fourteen days of your first monthly crate being dispatched. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen day period after your initial subscription that you will be entitled to a refund (as required by UK legislation).
To cancel your order, you must inform Fleet Action Sports by email, giving us your name, address and order reference. You must return the products to Fleet Action Sports within 14 days of notifying us of the cancellation in the same condition in which you received them and at your own cost and risk. Fleet Action Sports has a right to deduct from your refund amount any reduction in value of the products caused by your handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.
Fleet Action Sports’ refunds policy is: if you cancel an order within the fourteen-day cancellation period (see above), Fleet Action Sports will refund you as soon as possible and, in any case, within fourteen days of the day of our receipt of the returned products or (if earlier) the day you provide evidence of having sent the products back to us.

Product Quantity Limitations

Fleet Action Sports reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site or the App will be available.

Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by customers), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Fleet Action Sports or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Fleet Action Sports and the Fleet Action Sports logo are registered trademarks, and ScootCrate is a trademark, of Fleet Action Sports Limited. All other trademarks are the property of their respective owners. All of our Site content are Copyright 2018 Fleet Action Sports or its affiliates. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or the App. All rights not granted under these Terms are reserved by Fleet Action Sports and its affiliates.

Submitted Content
By submitting or posting any materials or content on the Site or associated media and social media channels you grant Fleet Action Sports a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Fleet Action Sports the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Fleet Action Sports the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Fleet Action Sports will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

Review Guidelines

At Fleet Action Sports we value your feedback! When writing a review, please consider the following guidelines:
• Focus on the product and your individual experience using it
• Provide details about why you liked or disliked a product

We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:
• Obscenities, discriminatory language, or other language not suitable for a public forum
• Advertisements, "spam" content, or references to other products, offers, or websites
• Email addresses, URLs, phone numbers, physical addresses or other forms of contact information
• Critical or spiteful comments on other reviews posted on the page or their authors • Libellous or otherwise unlawful actions directed at Fleet Action Sports or its affected parties.

Disclaimers

Fleet Action Sports is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet connection/speed or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Fleet Action Sport's control. If you cannot access the Site because any of these reasons, Fleet Action Sports will not refund any money you have paid or compensate you.

Making the Site functional means Fleet Action Sports needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. Fleet Action Sports will try to do scheduled maintenance during what Fleet Action Sports anticipates will be relatively low levels of online use. Fleet Action Sports also need to be able to do emergency maintenance and/or suspend access to the servers where, in Fleet Action Sports' reasonable discretion, Fleet Action Sports sees the need to do that. Fleet Action Sports will try to have the Site available again as soon as Fleet Action Sports thinks it is safe to do so.

The Site relies, in part, on software to work. Software has bugs. Whilst Fleet Action Sports will monitor the Site and try to fix bugs that are made known to us, Fleet Action Sports cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms and Conditions that the Site or any individual feature of the Site will always be available, error free and/or free from viruses.

The Site contains links to or connects directly to other websites and third party products or services which perform a role essential to the operation and/or functionality of the Site. These may also have bugs or become unavailable from time to time. Fleet Action Sports is not responsible for any error, bug, virus or downtime as a result of 3rd party site or software issues. Fleet Action Sports is not responsible for the content of these websites or products or services.

Indemnification

You agree to indemnify Fleet Action Sports and its company liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or Fleet Action Sports’ Review Guidelines.

Limitation of Liability

Fleet Action Sports excludes: (a) any responsibility for or liability arising out of any dealings you have with 3rd parties that take place using or facilitated by the Site or the App ; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Fleet Action Sports.

Fleet Action Sports will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.
Fleet Action Sports shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products provided in any giver ScootCrate or ScootCrate Apparel, even if Fleet Action Sports has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Copyright Infringement; Notice and Take Down Procedures

Fleet Action Sports specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.

Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

Waiver; Remedies; Variations, Entire Agreement

The failure of Fleet Action Sports to partially or fully exercise any rights or the waiver of Fleet Action Sports of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Fleet Action Sports or be deemed a waiver by Fleet Action Sports of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Fleet Action Sports under these Terms and any other applicable agreement between you and Fleet Action Sports shall be cumulative, and the exercise of any such right or remedy shall not limit Fleet Action Sports’ right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.

Governing Law

The operation of our Site and Contracts for the purchase of Goods through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fleet Action Sports without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

ScootCrate Golden Ticket Competition Terms and Conditions

By entering the competition (the “Competition”), you (the “participant”) agree to be bound by these terms and conditions. Any information or instructions published by the Promoter (as defined below) about the Competition on www.facebook.com/scootcrateofficial and Instagram.com/scootcrateofficial sites form part of these terms and conditions.

The Promoter

The promoter of this Competition is Fleet Action Sports of Mulberry House, Thrupp Lane, Thrupp, Stroud, Gloucestershire, GL5 2ER. (the “Promoter”).

Eligibility

  1. The competition is open to all UK residents aged 13 or over (excluding Northern Ireland)

  2. Employees or agents of the Promoter or any of its group companies or their families or households or anyone professionally connected to this Competition are not eligible to enter.

  3. No proof of purchase is necessary to enter.

Prize

  1. There is one prize per month to be won.

  2. The prizes for March are a selection of District Freestyle Scooter Co. products.

  3. The prize carries no cash alternative, is non-transferable and may not be substituted by the winner.

Competition Period

  1. The competition is open from 0900 21 March 2019 to 2359 31 August 2019 (‘the Competition Period”)

Entry

  1. To enter the Competition participants must purchase a ScootCrate PRO subscription, ScootCrate FLOW subscription or ScootCrate Apparel subscription from www.scootcrate.com. (Promotion is available to both new and existing ScootCrate customers).

  2. Each type of ScootCrate has the exact same chance of finding a ‘golden ticket’. This will not be affected in anyway by amount of money spent per ScootCrate.

Winner Selection

  1. The winner will be the person who finds a ‘Golden Ticket’ inside a ScootCrate PRO, ScootCrate FLOW or ScootCrate Apparel.

  2. The winning ticket will be accompanied by instructions clearly detailing contact details and instructions for the winner to claim their prize.

  3. Uploading an image of the ticket and winner to social media does not qualify as ‘proof of purchase’.

  4. Winners shall be final. No correspondence or negotiation will be entered into by the Promoter concerning either the decision or the result.

  5. The winners will be announced up to seven days after the competition end date. Details of the winner, including their name, will be published on the following websites: www.scootcrate.com, www.facebook.com/scootcrateofficial, twitter.com/scootcrateofficial and www.instagram.com/scootcrateofficial

  6. There will be one winner per month only.

Use of the Entries / Content by the Promoter

  1. The Promoter may publish on any of its websites or any social networking website any and all Content received by it in connection with this Competition at any time and for any reason.

  2. All participants hereby provide a non-exclusive, royalty-free, irrevocable, perpetual, transferable licence to the Promoter to use the Content submitted, for any purpose, including without limitation for advertising the Promoter’s products. The participant hereby waives all moral rights they have in the Content submitted to the fullest extent permitted by law.

  3. Each participant warrants that they are the person who created the Content submitted to this Competition and that all Content adheres to the Content Guidelines. The participant shall indemnify the Promoter and hold it harmless from and against any losses, damages, liabilities, obligations, claims, actions and demands, including without limitation reasonable legal fees, arising directly or indirectly from any breach of warranty set out in this clause.

Privacy and Data Protection

  1. By entering the Competition, participants agree and consent to the Promoter, anyone administering the Competition on its behalf, and any of its affiliates using the Content submitted for any purpose. If the Content shows the participant’s face and/or likeness, the participant hereby consents to such face and likeness, together with the participant’s full name, and any other personal information revealed in the text, image or video, being made publicly available.

  2. The Promoter reserves the right to publish the names and towns of residence of all winners. Each winner may be required to participate in the Promoter’s marketing and promotional activities and by entering the Competition consents to such participation.

  3. The Promoter may use any personal information submitted on the entry form or in the Content to advise participants of future promotions and to provide information about products of the Promoter or its associated companies that may be of interest. The participant hereby consents to such personal information being used for this purpose and confirms that it agrees with the Promoter’s privacy policy. The participant may withdraw consent to such use of personal information by writing to the Promoter or by using the opt-out process outlined in the Promoter’s privacy policy.

  4. Other than as set out in these terms and conditions or for the purposes of operating the Promotion, the details and information provided by the participant when entering the Promotion or claiming a prize will not be used for any promotional purpose, nor shall they be passed to any third party.

General

  1. The Promoter shall not be liable for any interruption to this Competition whether due to force majeure or other factors beyond the Promoter’s control.

  2. The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the terms and conditions of this Competition.

  3. The Promoter will not be responsible or liable for: (a) any failure to receive Entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Competition.

  4. By entering the Competition, the participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).

  5. This Competition, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Competition.

  6. Entrants will NOT be charged any extra for participating in the promotion and the winner will receive their ‘Golden Ticket’ free of charge.

  7. The ‘Golden Ticket’ does NOT count as one the extra items that could be found inside ScootCrate PRO, ScootCrate FLOW or ScootCrate Apparel and is NOT advertised as such.

  8. Please do NOT purchase any ScootCrate product for the sole purpose of receiving a ‘Golden Ticket’. The ‘Golden Ticket’ is NOT guaranteed and therefore ScootCrate will offer NO refund or resolution for any ScootCrate product that does not include a ‘Golden Ticket.

Competition / Golden Ticket Winners / Official Rules

After confirmations of winners and prizes have been claimed, Prize Winners may be requested by mail to Sponsor’s address set forth above. Prize Winners may also be announced on Sponsor’s social media channels and/or online at www.scootcrate.com

Questions

Should you have any questions regarding these Terms you may contact us at info@scootcrate.com