Terms | Beryl

Terms of Service

Beryl is a micro-mobility company, operating shared bike and scooter schemes across the UK, as well as providing the technology used in other shared schemes within the Beryl network and operating schemes on behalf of local authorities.

Depending on the area you are hiring a bike or scooter will determine which Terms of Service apply to you.

If you are hiring a bike in the Transport for Greater Manchester area, see the Terms of Service for Starling Bank Bikes - Greater Manchester, below.
For all other areas, see Beryl Terms of Service, below

Beryl Terms of Service

These Terms (v10.3) were last updated, with any changes from the previous version coming into effect, on 23 May 2024

1. Contents

Contents
Who we are
These Terms
Other important terms and documents
Changes to these Terms
Important Definitions
Availability of the scheme and bikes
Registration
Riding Passes
Other charges and payments
Payment and payment methods
Your obligations
Refunds
If you experience a problem
Public liability insurance
Our responsibility to you
Complaints and disputes
Closing your account / editing your details
Unacceptable and unreasonable behaviour
Exclusion / suspension from the Scheme
Getting in touch with Beryl
Getting in touch with our Partners
Other important legal terms
Using Beryl Scooters
Cyclescheme
CycleSaver

2. Who we, and our Partners, are

We are Beryl, a micro-mobility company operating shared bike and e-scooter schemes across the UK, as well as providing the technology used in other shared schemes within the Beryl network.

Beryl is the trading name of SMIDSY Limited (no. 07831245). Our registered address is Beryl, Unit 2.05, The Frames, 1 Phipp St, London EC2A 4PS.

Our Partners

Some schemes within the Beryl Network are either solely or jointly operated by our Partners. In each case our Partners will also play a role in governing your use of the Scheme.

West Midlands Combined Authority

As a user of West Midlands Cycle Hire, a bike sharing service operated by Serco on behalf of Transport for West Midlands (TfWM), these terms are applied by both TfWM and Beryl. The West Midlands Cycle Hire scheme is part of the Beryl Network of schemes but may have slight differences in use to other Beryl schemes, as outlined in these Terms of Service.

All references in these Terms to Beryl, we, us, and our are to SMIDSY Ltd, and depending on the scheme, one of the Partners listed above.

3. These Terms

These Terms apply to and govern your registration to, and (if applicable) your use of, the Scheme.

During the registration process, you will be asked to confirm that you agree to these Terms, which form a binding contract between you,us and a Partner where applicable.

Please read these Terms carefully before accepting them, and if you do not agree to them then please do not register to use the Scheme.

Please be aware that our staff and agents have no authority to make individual exceptions or amendments to these Terms.

4. Other important terms and documents

Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us when you register to and use the Scheme. It also includes our policy on cookies.

Our Tips for Riding Safely and Safe Scooting Guide provide plenty of information to help you ride safely and with confidence on the roads.

5. Changes to these Terms

We may amend these Terms, including our prices, from time to time in order to reflect or make changes to the Scheme/our technology, to remain compliant with current laws and regulations, and/or for other valid reasons.

In the event that a change to these Terms has a substantial impact on your use of the Scheme (for example: changes to pricing, the collection and/or use of personal data), we will endeavour to notify you of such changes in advance.

By continuing to use the Scheme you are agreeing to these Terms and any updates. If you do not agree with the updated Terms, you should cease to use the Scheme. In these circumstances, you may be eligible for a refund of any unspent portion of your current Riding Passes – please get in touch with our customer service team to discuss further.

6. Important Definitions

Beryl Bay or Docking Station means a clearly marked and designated area (whether digitally or physically designated and communicated), sometimes with physical docking points or tethers, where a Vehicle should usually be locked/unlocked. These are clearly marked on-street with our distinctive green colour, in the Beryl Mobile App, on the Beryl Website and on other Partner websites.
Beryl Mobile App means the mobile application via which you may access and manage your use of the Scheme.
Beryl Website means the website located at https://beryl.cc/.
Beryl Zone or Zone means the large designated areas in which the Scheme operates, as clearly indicated in the Beryl Mobile App through a pink outline.
Bike means a bicycle (either a pedal bike or an E-Bike) hired from us under the Scheme and these Terms.
E-Bike means a bicycle with electric assist hired from us under the Scheme and these Terms.
Scooter means an electric scooter hired from us under the Scheme and these Terms.
Vehicle refers to any Beryl or Partner vehicle (Bike, E-Bike or Scooter) hired under the Scheme and these Terms.
Charges means the extra charges made on top of Riding Passes in certain circumstances, as set out in the "Other charges and payments" section below.
Lost Bike Fee means the extra charge made on top of Riding Passes in relation to a Vehicle that becomes lost or otherwise unrecoverable as a result of your actions while the Vehicle was on hire to you.
Minutes means each minute you ride a Vehicle which will be charged in full, rounded up to the nearest individual minute.
No-parking Zone means the specific zones where parking Vehicles is not allowed, clearly indicated in the Beryl Mobile App through a dark grey outline.
Registered User means a person who has registered to use the Scheme by providing certain details via the Beryl Mobile App.
Riding Passes means our bike share pricing products, through which we charge for our service.
Scheme means the Beryl Bike Share or Partner scheme governed by these Terms.
Terms means these terms and conditions together with the documents referred to in them.
You means you, a Registered User.

7. Availability of the Scheme and Vehicles

We will always try to run a reliable service, but sometimes part or all of the Scheme will be unable to operate for reasons beyond our reasonable control and, during certain periods, the Scheme may be heavily used so we cannot guarantee that there will always be Vehicles available for use. You may be eligible for a refund of certain fees in certain circumstances – please get in touch with us to discuss further.

8. Registration

In order to use the Scheme you will need to register with us via the Beryl Mobile App. To register you must:

be aged 16 years or over;
download the Beryl Mobile App;
ensure all data provided by you is accurate;
ensure your post code provided matches that in your card billing address; and
agree to these Terms and our Privacy Notice.

9. Riding Passes

General:

In order to hire a Vehicle you will be required to select a Riding Pass which will determine how you pay for your journeys. Prices associated with each Riding Pass for your scheme can be found in the app in the “Wallet” tab, and can also be found in our Help Centre for the relevant scheme you are riding in.

You must also have a valid payment card on your account. Please refer to Section 11 for details on what is considered a valid payment card.

Where Minute Bundles or Period Passes are available for purchase, and when these have expired your balance will return to zero and your account will default to using the “Pay As You Ride” Riding Pass or the next level pass if you have purchased more than one pass.

For all Riding Passes, fractions of a Minute on hire will be rounded up to the next whole minute for charging purposes.

Riding Pass Options:

Pay As You Ride (PAYR). Following registration if you choose this product you will be charged a fee to unlock a Vehicle and incur a further per Minute cost for the duration of your hire.
Minute Bundles. Following registration, if you choose to purchase one of the available Minute Bundles (costs may vary), your account will be credited with any minutes purchased and are available for immediate use. Your minute balance will remain available for use until you have used all the Minutes, minutes expire after 12 months if they are not used.
Period Passes. This type of Pass has an expiry date, this can range from a 1-Day Pass to an Annual Pass. There may also be restrictions on the journey time or number of journeys per specific period - please check the app for further details before purchase. Please note that Period Passes get activated once the purchase is complete.

Please note that not all Pass options are available in all Schemes. Riding Passes and Minute Bundles may also be scheme specific - please check the details in the app before purchase.

Pausing a ride:

On all Riding Pass options, you can choose to pause your ride for a maximum of 15 minutes at a time. During this 15 minutes, the Vehicle is locked but reserved for your use until you resume your ride. The 15 minute pause period starts when you choose the option “Pause ride” in the app. Remaining time will be indicated by a countdown timer displayed in the app.

You will be charged for the pause time in the following way:

Pay As You Ride (PAYR). Paused minutes will be charged at the same rate as riding minutes and will be added to your ride total. You will not be charged an unlock fee when you resume your ride.

Minute Bundles. Minutes on pause will be deducted from your total Minute Balance at the same rate as riding. You will not be charged an unlock fee to resume your ride.

Period Passes. Minutes will be deducted from your pass as per pass specification, please check the app for further details.

Other charges. When you lock your Vehicle to pause your ride, you will not incur any further charges during the 15 minute pause period. If the 15 minute period expires and you have not resumed the ride, your ride will be ended automatically and you will be liable for any charges due based on the location of your Vehicle. For details of these charges, see section 10.

Promotions and voucher codes:

At various times we may run promotions and provide voucher codes for discounted journeys or discounted passes. Promotions and voucher codes may be limited in their redemption and are subject to their own eligibility criteria. They are only redeemable via the Beryl Mobile App. We may modify or cancel these offers at any time. Offers will expire in accordance with their terms and are not transferable or permitted to be resold.

10. Other charges

The position of the Vehicle when locked is determined using the GPS data recorded on our systems and that data shall be proof of where you left that Vehicle except in the case of manifest error. You can check via the Beryl Mobile App whether you have parked inside or outside a Beryl Bay, Docking Station or Zone.

We have complemented our pricing strategy with a set of additional Charges which apply in addition to the Riding Passes in certain circumstances; this allows us to promote the right parking behaviours and ensure smooth operations without the need of having too many vans moving Vehicles around.

Out of Bay charge. An additional fee is applied when a user parks a Vehicle outside of a Beryl Bay or Docking Station (except if the Vehicle is parked in a No-parking Zone, when the charge is more – see the paragraph below). This fee may vary between schemes and has been tested to encourage good user behaviour but also allow flexibility when a user needs it most.
No-parking Zone charge. Users who lock their Vehicle in No-parking Zones will be charged an additional fee. You can check via the Beryl Mobile App whether you have parked inside or outside a No-parking Zone. No-parking Zones are clearly indicated in the Beryl Mobile App through a dark grey outline.
Out of Zone fine: Users who park their Vehicle outside the Zone will be immediately charged an additional fee. Zones are clearly indicated in the Beryl Mobile App through a pink outline.
+24 Hrs Out of Zone fine: If a Vehicle hasn’t been returned to a Beryl Zone within 24hrs of the initial Out of Zone charge, a further charge will apply.
Unlocked Vehicle fine: A flat fee is applied in place of a time based journey cost when a user fails to lock their Bike at the end of their journey, or fails to end their Scooter journey in the app. Users must physically close the lock located on either the front or rear wheel of the Bike. For Scooter journeys, users must end the journey in the app.
Charge for damage: If a Vehicle is damaged during the Period of Use, then depending on the extent of the damage and the circumstances, we may charge you a sum to cover the damages.
Lost Bike Fees: If a Vehicle is not securely locked at the end of a ride and subsequently becomes lost or otherwise unrecoverable, and remains lost or unrecoverable for a period of 14 days following the start of your ride, despite our best efforts to recover the bike using the in-built tracking technology, we retain the right to apply a Lost Bike Fee of up to £500. We will notify you in advance of applying such a fee.
Undocked Vehicle fine: If a Vehicle is not locked securely to a stand using the front lock, a charge will apply. This is only applicable in some schemes which have docks and is only applied when there are available spaces to dock the vehicle. Where there are no available spaces, users will not be charged if they end their journey in the bay.

The cost for each fee described above varies depending on the scheme where you hire a Vehicle. Please refer to our FAQs or the Webpage for the scheme you are hiring in for full details of the fees in each location.

Location	Out of bay charge	Out of zone charge	Out of zone (+24 hours)	Unlocked vehicle fine	Undocked Vehicle fine
BCP	£5	£10	£80	£10	N/A
Hereford	£5	£5	£80	£10	N/A
London	£5	£10	£80	£10	N/A
Norwich	£10	£20	£80	£10	N/A
Watford	£5	£10	£80	£10	N/A
Isle of Wight	£10	£25	£80	£10	N/A
West Midlands Cycle Hire	£10	£20	£80	£10	N/A
Greater Manchester	£10	£25	£80	£30	£10
Cornwall	£10	£25	£80	£10	N/A
Portsmouth	£10	£25	£80	£10	N/A
Southampton	£10	£25	£80	£10	N/A
Hertsmere	£5	£10	£80	£10	N/A
Wool	£5	£10	£80	£10	N/A
Plymouth	£10	£25	£80	£10	N/A
Brighton	£5	£10	£80	£10	N/A
Leeds	£10	£25	£80	£10	£10

11. Payment and payment methods

When you register, you will need to provide a valid credit or debit card, as listed in the Beryl Mobile App.

You must always have a valid payment card associated with your account if you wish to buy Riding Passes or hire a Vehicle.

To verify that you have a valid payment card associated with your account, we will run a pre-authorisation check on your payment card every time you attempt to hire a Vehicle. To pass this check, you must have at least £1 or $1 (depending on your Scheme) of funds available on the payment card. If using West Midlands Cycle Hire or Leeds City Bikes this check will be for £5. During this check, no funds are taken from your account. However, we request a temporary hold on the funds and while the funds are held they will not be available to you to use.

Once the pre-authorisation check is complete, we will immediately cancel the request to hold funds. The funds will be released to you based on your bank’s procedure. We do not have control over and cannot accept responsibility for any delays in releasing the funds to you once we have cancelled the request.

If we run the pre-authorisation check and cannot verify that you have sufficient funds available on your payment card, you will not be able to unlock a Vehicle. This pre-authorisation check applies to all users, including those with a Minute Bundle.

You may obtain a receipt for each of your journey records via the Beryl Mobile App and via email.

Fees for the Minute Bundles and Day Pass Riding Passes will be payable up-front in full. Pay As You Ride Riding Passes and any Charges will be automatically charged to your nominated credit or debit card at the time that they apply.

12. Your obligations

Subject always to the "Our Responsibility to You" section below, you are personally responsible for:

your mobile device operating and supporting the Beryl Mobile App;
each Vehicle that you use;
all items you transport on a Vehicle or in the basket of a Bike, and securing these appropriately;
the Charges that you incur from time to time; and
any traffic or other penalties that you incur whilst using a Vehicle.

Under some circumstances, we may require information in respect of use of a Vehicle by you, e.g. when a Vehicle has been in an accident or is no longer in a Zone.

When using a Vehicle, you must:

comply with these Terms and all applicable laws;
have due regard to the Tips for Riding Safely;
check that the Vehicle (including, without limitation, the tyres, brakes, saddle, lights and bell) is road worthy;
abide by the Highway Code;
observe all traffic signs and signals;
use the Vehicle reasonably, considerately and responsibly;
take reasonable care of the Vehicle;
lock the Vehicle at the end of your journey, and for Bikes ensure that the built-in lock is properly closed;
when parking outside a Beryl Bay or Docking Station, ensure the Vehicle is locked in a place that will not cause an obstruction or unreasonable impact to other road users or people using the pavement; and
lock the Vehicle in the same physical condition as it was when you previously unlocked it (except for fair wear and tear).

In addition to the above, when using an E-Bike or Scooter you must:

check the estimated range of the E-Bike or Scooter prior to starting your journey, and ensure it is sufficient for the journey you intend to take.
understand that the given range is our best estimate but this will vary depending on how you use the bike, the route you take and the weather.

You must not:

lock or secure the Vehicle to any object or property during the period of use;
leave a Vehicle unattended whilst unlocked;
park a Vehicle on private property. This includes residential gardens, garages, buildings, or other areas inaccessible to other members of the public;
use a Vehicle to provide or operate a courier service or other business or commercial enterprise;
give, lend or sell the Vehicle to any third party;
damage, deface or vandalise a Vehicle, a Beryl Bay, Docking Station, or any of our equipment or property in any way;
load the Bike basket with a load of more than 10 kilograms or any object which overhangs the basket;
cycle on a Bike with a total weight of more than 120 kilograms;
use a Vehicle to carry more than one person at any time;
ride with any animals, children or persons on or in the Bike basket;
use a Vehicle for racing or stunt or trick-riding;
use a Vehicle mountain riding;
ride up or down stairs;
take a Vehicle off-road or through water (beyond everyday urban riding);
dismantle or tamper with a Vehicle in any way (or attempt to do so);
add or attach accessories or trailers to the Vehicle; or
use the Vehicle in an antisocial manner, i.e. a manner that causes or is likely to cause harassment, alarm or distress to others.
ride a Vehicle under the influence of alcohol, drugs or medications that could impair your ability to ride.
Vehicles must not be taken onto other forms of public transport including but not limited to trains, buses and trams

13. Refunds

In certain circumstances you may be eligible for refunds of fees you have paid for the Scheme. Please get in touch with us to discuss. See our "Getting in touch with us" section below.

When using an E-Bike or Scooter, should the battery fully discharge during your journey and the electric assist stop, you will not be eligible for a refund for all or any part of the journey. Choosing to lock an E-Bike or Scooter out of a Beryl Bay or out of the Zone because the battery discharged is not considered grounds for a refund of any additional fees incurred.

14. If you experience a problem

If you experience any problem with a Vehicle during a ride that prevents you from continuing to use the Vehicle or securely locking the Vehicle, please contact us straight away. See our "Getting in touch with us" section below.

If you experience any problem with a Vehicle during a ride but are able to safely continue to use the Vehicle and to securely lock it, please report the problem to us via the Beryl Mobile App.

15. Public liability insurance

Bikes and e-Bikes

Beryl Liabilities

Beryl shall be liable to the customer in any case of malicious intent or gross negligence demonstrated by Beryl. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
Beryl is not liable for damages to objects which have been transported during a rental either through the use of the bike basket or the phone holder (if applicable), unless the damage was due to intentional or grossly negligent behaviour of Beryl. Other than the aforementioned stipulations, the liability of Beryl is excluded
Beryl shall not be liable in cases of improper and/or unauthorised use of the vehicle unless the damage was due to intentional or grossly negligent behaviour of Beryl or the damage would have occurred independent of the improper/unauthorised use
Our products are machines and there is inherent risk associated with using them, including due to malfunction no matter how well they are maintained. These risks are not always obvious, and they may cause property damage, injury or even death to you or others. Subject to the above, by using our services, you agree that you understand these risks, that it is your responsibility to use our services safely. You are responsible for any harm you cause to other people or property (unless something we did or didn’t do was the actual cause of such harm). - see also “Section 12. Your Obligations”

Customer Liabilities

Use of services provided by Beryl occurs at the customer’s own risk. The customer takes full responsibility for any harm, injury or damages caused to themselves, other people or property (unless something we did or didn’t do was the actual cause of such harm). The customer is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof.
You must report any accident, crash, damage, personal injury, or a stolen or lost product to us as soon as possible. If a third party is involved you must exchange your details with the third party or leave your contact details if they are not present. If an accident involves personal injury, property damage or a stolen product, you must file a report with the local police department within 24 hours.

e-Scooters

Beryl Liabilities

Beryl shall be liable to the customer in any case of malicious intent or gross negligence demonstrated by Beryl. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
Beryl is not liable for damages to objects which have been transported during a rental either through the use of the bike basket or the phone holder (if applicable), unless the damage was due to intentional or grossly negligent behaviour of Beryl. Other than the aforementioned stipulations, the liability of Beryl is excluded
Beryl shall not be liable in cases of improper and/or unauthorised use of the vehicle unless the damage was due to intentional or grossly negligent behaviour of Beryl or the damage would have occurred independent of the improper/unauthorised use
Our products are machines and there is inherent risk associated with using them, including due to malfunction no matter how well they are maintained. These risks are not always obvious, and they may cause property damage, injury or even death to you or others. Subject to the above, by using our services, you agree that you understand these risks, that it is your responsibility to use our services safely. You are responsible for any harm you cause to yourself (unless something we did or didn’t do was the actual cause of such harm). - see also “Section 12. Your Obligations”
We have arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage, to the physical property of a third party arising from your use of an e-Scooter (Public Liability Insurance), on the condition that you have used our e-Scooter in line with your obligations as set out in these Terms. The Public Liability Insurance cover is limited in scope and amount and subject to various exceptions.

It is important to note that, where you are eligible to benefit from the Public Liability Insurance in respect of a claim by a third party, you are required to pay (subject to certain exceptions) the excess of £2500.

While using an e-Scooter, you must comply with these Terms and cycle sensibly in order to avoid any events that could create a claim under the Public Liability Insurance

Customer Liabilities

Use of services provided by Beryl occurs at the customer’s own risk. The customer takes full responsibility for any harm, injury or damages caused to themselves, other people or property (unless something we did or didn’t do was the actual cause of such harm). The customer is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof.
You must report any accident, crash, damage, personal injury, or a stolen or lost product to us as soon as possible. If a third party is involved you must exchange your details with the third party or leave your contact details if they are not present. If an accident involves personal injury, property damage or a stolen product, you must file a report with the local police department within 24 hours.

If you are involved in an accident or damage or injury is caused to someone or something while using a Vehicle, you must as soon as it is safe to do so:

stop riding the Vehicle; and
If in a Beryl scheme, telephone Beryl at +44 20 3003 5044 to notify us of the accident and any resulting damage to the Vehicle. We will then give you instructions as to who to contact in respect of any claim under the Public Liability Insurance.
In West Midlands Public Liability Insurance is not currently available and we recommend users acquire their own cover before using the cycles.

16. Our responsibility to you

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We provide the Scheme and the Vehicles for domestic and private use only. You agree not to use the Scheme and the Vehicles for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If any aspect of the Beryl or Partner Website or the Beryl Mobile App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements advised by us and appropriate anti-virus software.

17. Complaints and disputes

We strive to run a great service, but if you have any comments, problems, or complaints please get in touch with us. See our "Getting in touch with us" section below.

As part of our standard enquiry and complaints handling process, we will:

record details of all enquiries and complaints that we receive; and
consider and respond to each enquiry.

18. Closing your account / editing your details

If you wish to close your account, or edit your payment method or any other personal details, you may do so via the Beryl Mobile App. If you are unable to use the Beryl Mobile App please contact us through the Beryl Website or via telephone at +44 20 3003 5044.

If you wish to close your account but still have active (i.e. unused) Minutes or Ride Passes, you may be eligible for a refund – please get in touch with us to discuss further. See our "Getting in touch with us" section below.

If you have an account, you must notify us of a change of your payment method or any other personal details (including billing post code), via the Beryl Mobile App, as soon as possible.

19. Unacceptable and unreasonable behaviour

Our staff are expected to treat individuals with courtesy, respect and fairness. Similarly, we expect our staff to be treated in the same way. We have a duty to protect the welfare and safety of staff and any unacceptable or unreasonable behaviour could result in exclusion or suspension from the scheme.

Examples of unacceptable or unreasonable behaviour could include:

threats of physical harm or actual physical harm.
behaviour or language (verbal or written) that may cause staff to feel offended, afraid, threatened or abused.
insulting or degrading language.
making serious allegations against staff without any evidence.

20. Exclusion / suspension from the Scheme

If we have reason to believe that you have breached these Terms, we reserve the right to suspend or permanently exclude you from using the Scheme.

If you are excluded or suspended from using the Scheme because you have breached these Terms and/or we have reason to believe that you have used or attempted to use a payment card to defraud us, we may cancel your remaining Ride Passes without payment of any refund to you.

If you are permanently excluded from the Scheme as described above, you may not register for a new account and we reserve the right to refuse your registration or attempted registration to the Scheme in these circumstances. If you successfully register for a new account and we later discover that you have previously been permanently excluded from the Scheme, we may close your account and cancel your remaining Ride Passes without payment of any refund to you.

21. Getting in touch with Beryl

If you want to contact us for any reason, you can do so:

By live chat (Intercom): available in the Beryl Mobile App and Beryl Website
Via email: support@beryl.cc
Via social media: @BerylBikes
By telephone: +44 20 3003 5044, (UK), +1-347-205-8430 (US)
By post: Beryl, Unit 2.05, The Frames, 1 Phipp St, London EC2A 4PS, United Kingdom.

Our customer support team is available 7am to 9pm (UK), 7 days a week all year round. Our response times will vary depending on the volume of requests. Outside of these hours, you can still contact us (apart from by telephone) and your request will be handled at the next available opportunity.

These hours may occasionally change on a temporary basis; in the event this happens our Help Centre will be updated with the latest information.

22. Getting in touch with our Partners

When using a Scheme operated by one of our Partners you should contact them regarding your use of the Scheme. If you want to contact our Partners for any reason, you can do so:

West Midlands Cycle Hire

Monday to Friday 8am - 6pm (except Wednesday 10am - 6pm). Saturday 9am - 1pm, except on public holidays. Outside of these hours you may contact us by telephone in case of emergency only.

By live chat (Intercom): available in the Beryl Mobile App and WMCH Website
Via email: support@wmcyclehire.co.uk
Via social media: @wmcyclehire
By telephone: +44 345 034 8161
By post: WM Cycle Hire, Customer Services, PO Box 9421, Birmingham, B19 3TR

23. Other important legal terms

Nothing in these Terms purports to grant or change ownership in the Vehicles, which remain the property of Beryl or our Partners at all times.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

Only you and we have rights under these Terms. No other person shall have any rights under these Terms.

You may not transfer any of your rights under these Terms to any other person.

These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.

24. Using Beryl Scooters

This section is specific to the use of Scooters within the Scheme.

Beryl may provide Scooters within the Scheme as part of trials with the respective local authority and authorised by the UK Department for Transport (DfT). The terms of the trials means that Beryl Scooters are only permitted to be used within the agreed Beryl Zone.

It is a legal requirement that you hold a driving licence that is valid in the UK in order to use a Scooter. Riding a Scooter without a valid driving licence is an offense and may also make you liable for any damages resulting from a traffic accident.

In addition to the registration conditions already set out in these Terms, prior to using a Scooter for the first time you may be asked to submit details of your driving licence for verification using the Beryl App. This process is handled by either Onfido Ltd, or Persona Inc (from 10th August 2021 onwards only),who will store and process your details and will then confirm to us whether the driving licence submitted is valid. In the event that your licence is determined to be invalid for any reason we will not permit you to use a Scooter. This decision is final and cannot be overturned by our customer support teams. You are able to resubmit details of your driving licence if you believe the decision to be wrong.

We do not store details of any submitted driving licences on our systems but we do keep a history of checks performed by our third party processors, and can request details of the driving licence from them at any time. Please refer to our Privacy Notice for details on how we use and store your personal data.

In addition to your obligations already set out in these Terms, when using a Scooter you must:

familiarise yourself with how to operate a Scooter, including the location and use of the braking and acceleration controls. This information is provided during the onboarding and can also be found in our FAQs;
hold a driving licence that is valid in the UK and have provided us with evidence of this licence, as previously explained;

You must not:

ride a Scooter on pavements, in pedestrianised areas or anywhere where motorised vehicles are prohibited;
ride a Scooter outside of the Beryl Zone;
use a Scooter to carry more than one person at any time;
use anyone else’s driving licence on your account or, use your account with your verified driving licence to hire a Scooter for use by anyone other than yourself. Doing so may result in the permanent suspension of your account. Allowing someone to ride a Scooter hired on your account is an offence of permitting them to drive a motor vehicle without insurance.
hang or attach anything other than a mobile phone to the provided phone holders; doing so can create unstable and unsafe conditions when riding potentially resulting in an accident.

When riding a Scooter, we recommend that you wear a helmet (one that meets the EN1078 standard). It is not a legal requirement to do so but choosing not to may void any insurance provided to cover you in the event of an accident.

Choosing to mount your mobile phone to the provided phone holder is done so at your own risk of theft or damage to your device. Your phone should be in “hands-free” mode when mounted to a scooter to avoid distraction while riding.

As part of the conditions of the trial with the DfT, Beryl will provide data on the usage of Scooters within the Scheme to the DfT. This will include your personal information (name, email address and phone number, where provided) as well some ride data. Full details on the data shared with the DfT can be found in our Privacy Notice. We and/or the DfT may use this in order to ask you for feedback on the Scooters.

25. Cyclescheme

Under our Cyclescheme partnership you have the ability to access our pedal bikes or e-bikes for 12 months, depending on location. Both packages have a fair use policy as outlined:

With an annual pedal bike hire:

You can ride a pedal bike for free every day with free unlock
Each journey will be free for up to 30 minutes, after which you will be charged the local pay as you ride rate

With an annual e-bike hire:

You can ride an e-bike for free every day with free unlock
Each journey will be free for up to 30 minutes, after which you will be charged the local pay as you ride rate
You are able to take two free rides daily, after which you will be charged the local pay as you ride rate;

If a change to these terms has a substantial impact on your use of the Cyclescheme membership (for example: changes to the fair use policy, the collection and/or use of personal data), we will endeavour to notify you of such changes in advance.

By continuing to use the scheme you are agreeing to these terms and any updates.

26. CycleSaver/Cycle Solutions

Under our CycleSaver and Cycle Solutions partnerships, you have the ability to access our pedal bikes or e-bikes for 12 months, depending on location. Both packages have a fair use policy as outlined:

With an annual pedal bike hire:

You can ride a pedal bike for free every day with free unlock
Each journey will be free for up to 30 minutes, after which you will be charged the local pay as you ride rate

With an annual e-bike hire:

You can ride an e-bike for free every day with free unlock
Each journey will be free for up to 30 minutes, after which you will be charged the local pay as you ride rate
You are able to take two free rides daily, after which you will be charged the local pay as you ride rate
You will also have free use of Beryl pedal bikes, with each journey being free for up to 30 minutes, after which you will be charged the local pay as you ride rate

We may amend these terms, including our fair use policy, from time to time to reflect or make changes to the scheme/our technology, remain compliant with current laws and regulations and/or for other valid reasons.

If a change to these terms has a substantial impact on your use of the CycleSaver or Cycle Solutions membership (for example: changes to the fair use policy, the collection and/or use of personal data), we will endeavour to notify you of such changes in advance.

By continuing to use the scheme you are agreeing to these terms and any updates.

Terms of Service for Starling Bank Bikes - Greater Manchester

These Terms were first published on 29 October 2021.

1. Contents

Contents
Who we are
These Terms
Other important terms and documents
Changes to these Terms
Important Definitions
Availability of the scheme and bikes
Registration
Riding Passes
Other charges and payments
Payment and payment methods
Your obligations
Refunds
If you experience a problem
Public liability insurance
Our responsibility to you
Complaints and disputes
Closing your account / editing your details
Exclusion / suspension from the Scheme
Getting in touch with us
Other important legal terms

2. Who we are

All references in these Terms to ‘TfGM’, ‘we’, ‘us’ and ‘our’ are to Transport for Greater Manchester, the passenger transport executive for the combined authority area of Greater Manchester, established pursuant to the Transport Act 1968 and the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969.

TfGM is supported in the delivery of the GM Cycle Hire Scheme (Scheme) by Beryl, a micro-mobility company operating shared bike and e-scooter schemes across the UK, as well as providing the technology used in other shared schemes within the Beryl network.

Beryl is the trading name of SMIDSY Limited (no. 07831245). Beryl’s registered address is Unit 2.05, The Frames, 1 Phipp St, London EC2A 4PS.

Beryl manages and operates the Scheme on behalf of TfGM.

3. These Terms

These Terms apply to and govern your registration to, and (if applicable) your use of, the Scheme.

During the registration process, you will be asked to confirm that you agree to these Terms, which form a binding contract between you and us.

Please read these Terms carefully before accepting them, and if you do not agree to them then please do not register to use the Scheme.

Please be aware that our staff and agents have no authority to make individual exceptions or amendments to these Terms.

Please also be aware that if you use, or decide to use, a separate bike share scheme operated by Beryl outside of Greater Manchester, then your use of such scheme will be governed by separate terms and conditions that relate to such scheme.

4. Other important terms and documents

Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us when you register to, and use, the Scheme. For the purposes of the Scheme, TfGM is the ‘data controller’, and Beryl is the ‘data processor’ (each as defined in the UK GDPR), unless Beryl is determining the purpose and means of processing, in which case Beryl will also be a data controller.

Beryl’s Tips for Riding Safely provide plenty of information to help you ride safely and with confidence on the roads.

5. Changes to these Terms

By continuing to use the Scheme you are agreeing to these Terms and any updates. If you do not agree with the updated Terms, you should cease to use the Scheme.

6. Definitions

In these Terms, the following words and expressions have the following meanings (unless the context otherwise requires):

Bay or Docking Station means a clearly marked and designated area (whether digitally or physically designated and communicated), sometimes with physical docking points or tethers, where a Bike should usually be locked/unlocked. These are clearly marked on-street with our distinctive yellow/grey colour, in the Mobile App and on the Website. Supporting information is available at https://beryl.cc/.
Bike means a bicycle (either a pedal bike or an E-Bike) hired from us under the Scheme and these Terms.
Charges means the extra charges made on top of Riding Passes in certain circumstances, as set out in the "Other charges" section below, at clause 10.
E-Bike means a bicycle with electric assist hired from us under the Scheme and these Terms.
Lost Bike Fee means the extra charge made on top of Riding Passes in relation to a Bike that becomes lost or otherwise unrecoverable as a result of your actions while the Bike was on hire to you.
Minutes means each minute you ride a Bike which will be charged in full, rounded up to the nearest individual minute.
Mobile App means the mobile application via which you may access and manage your use of the Scheme.
No-parking Zone means the specific zones where parking Bikes is not allowed, clearly indicated in the Mobile App through a dark grey outline.
Registered User means a person who has registered to use the Scheme by providing certain details via the Mobile App.
Riding Passes means our bike share pricing products, through which we charge for our service.
Scheme has the meaning given in paragraph 2 of these Terms.
Terms means these terms and conditions together with the documents referred to in them.
Website means the website located at https://tfgm.com/cyclehire
You means you, a Registered User.
Zone means the large designated areas in which the Scheme operates, as clearly indicated in the Mobile App through a pink outline.

7. Availability of the Scheme and Bikes

8. Registration

In order to use the Scheme you will need to register with us via the Mobile App. To register you must:

be aged 16 years or over;
download the Mobile App;
ensure all data provided by you is accurate;
ensure your post code provided matches that in your card billing address; and
agree to these Terms and our Privacy Policy

9. Riding Passes

General:

In order to hire a Bike you will be required to select and pay for a Riding Pass which will determine how you pay for your Minutes. Prices associated with each Riding Pass for your scheme can be found in the app in the “Wallet” tab, and can also be found in Beryl’s Help Centre .

You must also have a valid payment card on file. Please refer to Section 11 for details on what is considered a valid payment card.

The use of your Minutes will commence when you unlock a Bike.

Bikes should not be used unless you have purchased a Riding Pass that covers your hire. You must cease using, and lock, the Bike should your account cease to have a valid Riding Pass or payment card associated with it.

If a Bike continues to be used where there is no Riding Pass we will continue to charge a fee for each minute of continued use.

For all Riding Passes, fractions of a Minute on hire will be rounded up to the next whole minute for charging purposes.

Riding Pass options:

Pay As You Ride (PAYR). Following registration if you choose this product you will be charged a fee to unlock a Bike and incur a further per Minute cost for the duration of your hire.
Minute Bundles. Following registration, if you choose to purchase one of the available Minute Bundles (costs may vary), your account will be credited with any minutes purchased and available for immediate use. Your minute balance will remain available for use until you have used all the Minutes on hires or after 12 consecutive months of account inactivity (i.e. no log-ins), whichever is the sooner. You will always be notified before this happens and if you log in again before the 12 months elapses your Minute Bundle will keep going and will not lapse.

Pausing a ride:

On all Riding Pass options, you can choose to pause your ride for a maximum of 15 minutes at a time. During this 15 minutes, the Bike is locked but reserved for your use until you resume your ride. The 15 minute pause period starts when you choose the option “Pause ride” in the Mobile App. Remaining time will be indicated by a countdown timer displayed in the Mobile App.

You will be charged for the pause time in the following way:

Pay As You Ride (PAYR). Paused minutes will be charged at the same rate as riding minutes and will be added to your ride total. You will not be charged an unlock fee to resume your ride.
Minute Bundles. Minutes on pause will be deducted from your total Minute Balance at the same rate as riding. You will not be charged an unlock fee to resume your ride.

Other charges. When you lock your Bike to pause your ride, you will not incur any further charges during the 15 minute pause period. If the 15 minute period expires and you have not resumed the ride, your ride will be ended automatically and you will be liable for any charges due based on the location of your Bike. For details of these charges, see section 10.

Promotions and voucher codes:

At various times we may run promotions and provide voucher codes for discounted journeys or discounted passes. Promotions and voucher codes may be limited in their redemption and are subject to their own eligibility criteria. They are only redeemable via the Mobile App. We may modify or cancel these offers at any time. Offers will expire in accordance with their terms and are not transferable or permitted to be resold.

10. Other charges

The position of the Bike when locked is determined using the GPS data recorded on Beryl’s systems and that data shall be proof of where you left that Bike, except in the case of manifest error. You can check via the Mobile App whether you have parked inside or outside a Bay, Docking Station or Zone.

Out of Bay charge: An additional fee is applied when a user parks a Bike outside of a Bay or Docking Station (except if the Bike is parked in a No-parking Zone, when the charge is more – see the paragraph below). This fee has been tested to encourage good user behaviour but also allow flexibility when a user needs it most.
No-parking Zone charge: Users who lock their Bike in No-parking Zones will be charged an additional fee. You can check via the Mobile App whether you have parked inside or outside a No-parking Zone. No-parking Zones are clearly indicated in the Mobile App through a dark grey outline.
Out of Zone fine: Users who park their Bike outside the Zone will be immediately charged an additional fee. Zones are clearly indicated in the Mobile App through a pink outline.
+24 Hrs Out of Zone fine: If a Bike has not been returned to the scheme Zone within 24hrs of the initial Out of Zone charge, a further charge will apply.
Unlocked Bike fine: A flat fee is applied in place of a time based journey cost when a user fails to lock their Bike at the end of their journey. Users must physically close the lock located on either the front or rear wheel of the Bike.
Charge for damage: If a Bike is damaged during your hire of it then depending on the extent of the damage and the circumstances, we may charge you a sum to cover the damages.
Lost Bike Fees: If a Bike is not securely locked at the end of a ride and subsequently becomes lost or otherwise unrecoverable, and remains lost or unrecoverable for a period of 14 days following the start of your ride, despite best efforts to recover the bike using the in-built tracking technology, we retain the right to apply a Lost Bike Fee of up to £500. We will notify you in advance of applying such a fee.
Undocked Bike Fee: If a Vehicle is not locked securely to a stand using the front lock, a charge will apply. This is only applicable in some schemes which have docks and is only applied when there are available spaces to dock the vehicle. Where there are no available spaces, users will not be charged if they end their journey in the bay.

The cost for each fee described above (to the extent not already specified) is set out in the table below. You can also find this information in our FAQs or the Webpage for the Scheme.

Out of Bay charge	No-parking Zone charge	Out of Zone fine	Out of Zone fine (>24 hours)	Unlocked Bike fine	Undocked Bike Fee
£10	£25	£25	£80	£30	£10

11. Payment and payment methods

When you register, you will need to provide a valid credit or debit card, as listed in the Mobile App.

You must always have a valid payment card associated with your account if you wish to buy Riding Passes or hire a Bike.

To verify that you have a valid payment card associated with your account, we will run a pre-authorisation check on your payment card every time you attempt to hire a Bike. To pass this check, you must have at least £1 of funds available on the payment card. During this check, no funds are taken from your account. However, we request a temporary hold on the funds and while the funds are held they will not be available to you to use.

If we run the pre-authorisation check and cannot verify that you have sufficient funds available on your payment card, you will not be able to unlock a Bike. This pre-authorisation check applies to all users.

You may obtain a receipt for each of your journey records via the Mobile App and via email.

Pay As You Ride Riding Passes and any Charges will be automatically charged to your nominated credit or debit card at the time that they apply.

12. Your obligations

Subject always to the "Our Responsibility to You" section below (at clause 16), you are personally responsible for:

your mobile device operating and supporting the Mobile App;
each Bike that you use;
all items you transport on a Bike or in the basket of a Bike, and securing these appropriately;
the Charges that you incur from time to time; and
any traffic or other penalties that you incur whilst using a Bike.

Under some circumstances, we may require information in respect of use of a Bike by you, e.g. when a Bike has been in an accident or is no longer within a Zone.

When using a Bike, you must:

comply with these Terms and all applicable laws;
have due regard to the Tips for Riding Safely;
check that the Bike (including, without limitation, the tyres, brakes, saddle, lights and bell) is road worthy;
abide by the Highway Code;
observe all traffic signs and signals;
use the Bike reasonably, considerately and responsibly;
take reasonable care of the Bike;
lock the Bike at the end of your journey, by ensuring that the built-in lock is properly closed;
when parking outside a Bay or Docking Station, ensure the Bike is locked in a place that will not cause an obstruction or unreasonable impact to other road users or people using the pavement; and
lock the Bike in the same physical condition as it was when you previously unlocked it (except for fair wear and tear).

In addition to the above, when using an E-Bike you must:

check the estimated battery range of the E-Bike prior to starting your journey, and ensure it is sufficient for the journey you intend to take.
understand that the given battery range is our best estimate but this will vary depending on how you use the E-Bike, the route you take and the weather.

You must not:

lock or secure the Bike to any object or property during the period of use;
leave a Bike unattended whilst unlocked;
park a Bike on private property. This includes residential gardens, garages, buildings, or other areas inaccessible to other members of the public;
use a Bike to provide or operate a courier service or other business or commercial enterprise;
give, lend or sell the Bike to any third party;
damage, deface or vandalise a Bike, Bay, Docking Station or any of our equipment or property in any way;
load the Bike basket with a load of more than 10 kilograms or any object which overhangs the basket;
cycle on a Bike with a total weight of more than 120 kilograms;
use a Bike to carry more than one person at any time;
ride with any animals, children or persons on or in the Bike basket;
use a Bike for racing or stunt or trick-riding;
use the Bike for mountain riding;
ride up or down stairs;
take a Bike off-road or through water (beyond everyday urban riding);
dismantle or tamper with a Bike in any way (or attempt to do so);
add or attach accessories or trailers to the Bike;
use the Bike in an antisocial manner, i.e. a manner that causes or is likely to cause harassment, alarm or distress to others; or
ride a Bike under the influence of alcohol, drugs or medications that could impair your ability to ride.

Additionally, bikes must not be taken onto other forms of public transport:

Bikes hired using the Starling Bank Bike app in the Starling Bank Bike hire scheme may not be taken onto other forms of public transport, including trams, trains or buses. Bikes should only be ridden in accordance with these terms and parked in a docking station or other suitable location before attempting to board other forms of public transport.

Persons attempting to take Starling Bank Bikes onto public transport may be prevented from boarding or passing the gate line by train staff; and may be prevented from further hiring Starling Bank Bikes following the incident. Should a person be prevented from boarding a form of public transport due to them attempting to bring a bike from the Starling Bank Bike hire scheme with them, that individual will be responsible for any outcomes relating to this, financial or other.

13. Refunds

In certain circumstances you may be eligible for refunds of fees you have paid for the Scheme. Please get in touch with us to discuss. See our "Getting in touch with us" section below.

When using an E-Bike, should the battery fully discharge during your journey and the electric assist stop, you will not be eligible for a refund for all or any part of the journey. Choosing to lock an E-Bike out of a Bay or out of the Zone because the battery discharged is not considered grounds for a refund of any additional fees incurred.

14. If you experience a problem

If you experience any problem with a Bike during a ride that prevents you from continuing to use the Bike or securely locking the Bike, please contact us straight away. See our "Getting in touch with us" section below.

If you experience any problem with a Bike during a ride but are able to safely continue to use the Bike and to securely lock it, please report the problem to us via the Mobile App.

15. Public liability insurance

We have arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage, to the physical property of a third party arising from your use of a Bike (Public Liability Insurance), on the condition that you have used our Bike in line with your obligations as set out in these Terms. The Public Liability Insurance cover is limited in scope and amount and subject to various exceptions.

The cost of the Public Liability Insurance is included in the prices we charge for the Scheme. Due to the way that we have arranged the insurance, it is not possible for you to opt out of the Public Liability Insurance. Before submitting a claim on the included Public Liability Insurance you must first ensure you do not hold any existing insurance policies, such as home contents insurance, that can cover the claim. Our support team may request you contact your own insurers prior to processing a claim.

While using a Bike, you must comply with these Terms and cycle sensibly in order to avoid any events that could create a claim under the Public Liability Insurance.

If you are involved in an accident or damage or injury is caused to someone or something while using a Bike, you must as soon as it is safe to do so:

stop riding the Bike; and
telephone us at +44 161 244 1000 to notify us of the accident and any resulting damage to the Bike. We will then give you instructions as to who to contact in respect of any claim under the Public Liability Insurance.

16. Our responsibility to you

We provide the Scheme and the Bikes for domestic and private use only. You agree not to use the Scheme and the Bikes for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If any aspect of the Website or the Mobile App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice (or the advice of Beryl, on our behalf) to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements advised by us (or by Beryl, on our behalf) and appropriate anti-virus software.

17. Complaints and disputes

We strive to run a great service, but if you have any comments, problems, or complaints please get in touch with us. See our "Getting in touch with us" section below.

As part of our standard enquiry and complaints handling process, we will:

record details of all enquiries and complaints that we receive; and
consider and respond to each enquiry.

18. Closing your account / editing your details

If you wish to close your account, or edit your payment method or any other personal details, you may do so via the Mobile App. If you are unable to use the Mobile App please contact us through the Website or via telephone at +44 161 244 1000.

If you wish to close your account but still have active (i.e. unused) Ride Passes, you may be eligible for a refund – please get in touch with us to discuss further. See our "Getting in touch with us" section below.

If you have an account, you must notify us of a change of your payment method or any other personal details (including billing post code), via the Mobile App, as soon as possible.

19. Exclusion / suspension from the Scheme

If we have reason to believe that you have breached these Terms, we reserve the right to suspend or permanently exclude you from using the Scheme.

20. Getting in touch with us

If you want to contact us for any reason, you can do so:

By live chat (Intercom): available in the Mobile App
Via email: BNCycleHire@tfgm.com
By telephone: +44 161 244 1000
By post: TfGM, 2 Piccadilly Place, Manchester M1 3BG.

Our customer support team is available 7am to 8pm (UK) during weekdays, and between 8am and 8pm at weekends. Our response times will vary depending on the volume of requests. Outside of these hours, you can still contact us (apart from by telephone) and your request will be handled at the next available opportunity.

These hours may occasionally change on a temporary basis; in the event this happens, Beryl’s Help Centre will be updated with the latest information.

21. Other important legal terms

Nothing in these Terms purports to grant or change ownership in the Bikes, which remain the property of TfGM.

Only you and we have rights under these Terms. No other person shall have any rights under these Terms.

You may not transfer any of your rights under these Terms to any other person.

These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.