Terms and conditions
======================
Last updated: April 7, 2021
Please read these terms and conditions carefully before using our service.
Interpretation and Definitions
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Interpretation
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Words beginning with a capital letter have meanings defined in the
following conditions. The following definitions should have the same
meanings regardless of whether they appear in the singular or in the plural.
Definitions
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For the purposes of these general conditions:
* "Affiliate" means an entity which controls, is controlled by or is under
joint control with a party, where "control" means possession of 50% or
more shares, shareholdings or other securities entitled to vote
for the election of directors or any other management authority.
* "Country" refers to: Quebec, Canada
* "The Company" (referred to as "Company", "We" or "Our" in this
disclaimer) refers to Vélo Ibike, 2101, rue Rachel E, Montreal, QC
H2H 1R1.
* "Device" designates any device that can access the Service such as a computer, a
mobile phone or digital tablet.
* "Service" refers to the website.
* The "Terms and Conditions" (also called "Conditions") refer to these
Conditions which form the entire agreement between You and the Company
regarding the use of the Service. This general conditions agreement has
was created using the [Disclaimer
Generator] (https://www.termsfeed.com/disclaimer-generator/).
* "Third Party Social Media Service" means any service or content (including
data, information, products or services) provided by a third party who
may be displayed, included or made available by the Service.
* The "website" refers to Vélo Ibike, accessible from
[www.veloibike.ca] (www.veloibike.ca)
* "You" means the person, company or other legal entity in whose name this
person accesses or uses the Service, as applicable.
Recognition
==============
These are the Terms and Conditions governing the use of this service and the agreement that operates between
You and the Company. These Terms and Conditions set out the rights and obligations of all
users with regard to the use of the Service.
Your access to and use of the Service is determined by your acceptance and
your compliance with these Terms. These apply
to all visitors, users and other third parties who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions, then
You may not be able to access the Service.
You declare that you are over 18 years old. The Company does not allow
those under 18 years of age of using the Service.
Your access to and use of the Service is also determined by your acceptance
and compliance with the Company's privacy policy. Our privacy policy
describes our policies and procedures regarding the collection, use and disclosure of
your personal information when you use the App or the Website. It
tells you about your privacy rights and how the law protects you. Please read
carefully our privacy policy before using our Service.
Links to other websites
=========================
Our Service may contain links to external websites or services
not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for
content, privacy policies or practices of any external website or
of any service. You further acknowledge and agree that the Company will not
held liable, directly or indirectly, for any damage or loss caused
or allegedly caused by, or in connection with, the use of or reliance on
the content, goods or services available on or through such websites or
Service.
We strongly recommend that You read the terms and conditions as well as the policies of
privacy of any external website or service that You visit.
Termination
===========
We may terminate or suspend your access suddenly, without notice or
liability, for any reason whatsoever, including, without limitation, if You
violate these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
=========================
Notwithstanding the damage that You may suffer, the full responsibility of
the Company and one of its suppliers, under any provision of these conditions and
of your exclusive remedy for all of the foregoing, is limited to the amount
actual paid by You through the Service or USD 100 if you have not purchased
anything through the Service.
To the maximum extent permitted by applicable law, under no circumstances
The Company or its suppliers will not be held responsible for any particular damage,
accidental, consequential, direct or indirect of any kind (including, but not
limited thereto, damages for loss of profits, loss of data or other information, for
business interruption, bodily injury, loss of privacy resulting from or related to
in any way whatsoever to the use or inability to use the Service, software
external and / or external software used with the Service, or otherwise in connection with any
provision of these Conditions), even if the Company or any supplier has been informed
the possibility of such damage and even if the remedy fails its primary purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for accidental or consequential damages, which means that some of the
above limitations may not apply. In these States, the responsibility of each
part will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" disclaimer
==========
The Service is provided to you "AS IS" and "AS AVAILABLE" including all faults.
and errors and this without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, in its own name and on behalf of its
Affiliates, their respective licensees and service providers,
expressly rejects any warranty, whether explicit, implicit, statutory or
other, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and the guarantees that may arise from the price of the transaction, from the price of the performance,
use or commercial practice. Without limitation of the foregoing, the Company
makes no warranties or commitments, and makes no representations of any kind
in relation to whether the Service will meet your requirements, achieve the expected results, will be
compatible or will work with any other software, application, system or service,
operate without interruption, meet all performance or reliability standards, or
will be without error or that any error or defect can or will be corrected.
Without limiting the foregoing, neither the Company nor any of its suppliers makes any representation or
warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or information,
the content and materials or products included therein; (ii) that the service
will be uninterrupted or error free; (iii) as to accuracy, reliability, or
updating of any information or content provided through the Service; or (iv)
that the Service, its servers, content or emails sent from or on behalf of
of the Company are free of viruses, scripts, Trojans, worms, malware,
time bombs or other harmful elements.
Some jurisdictions do not allow the exclusion of certain types of warranties.
or limitations of the applicable statutory rights of a consumer, so part or the
all of the above exclusions and limitations may not apply to You. However,
in such a case, the exclusions and limitations set out in this section should apply.
to the greatest extent permitted under applicable law.
Applicable law
=============
The laws of the country, excluding its conflict of laws rules, will govern
these Terms and your use of the Service. Your use of the Application may also
be subject to other local, provincial, national or international laws.
Dispute resolution
====================
If you have any concerns or disputes regarding the Service, you agree to begin
by attempting to resolve the dispute informally by contacting the Company.
For European Union (EU) users
===============================
If you are a consumer from the European Union, you will benefit from any provision
mandatory by the law of the country in which you reside.
Legal Compliance in the United States
===============================
If you are a consumer from the European Union, you will benefit from any provision
mandatory by the law of the country in which you reside.
Legal Compliance in the United States
===============================
You represent and warrant that (i) You are not located in a country
embargoed by the United States government, or who has been designated
by the government of the United States as a country "supporting terrorism", and (ii)
You are not on any United States government restrictive list.
Severability and waiver
=========================
Divisibility
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If any provision of these Terms is found to be unenforceable or invalid,
the provision will be amended and interpreted in order to achieve the objectives of this provision
to the extent possible under applicable law and
the remaining provisions will remain in full force and effect.
Waiver
------
With the exception of the cases provided for herein, failure to exercise a right or require
performance of an obligation under these Terms will not affect the
ability to exercise this right or demand such performance at all times
thereafter. The waiver of a breach will also not constitute a waiver of
any subsequent violation.
Interpretation of the translation
===========================
These Terms and Conditions may have been translated if we put them
available to you on our Service. You agree that the original text in English
will prevail in the event of a dispute.
Changes to these Terms and Conditions
=======================================
We reserve the right, at our sole discretion, to modify or replace these
Conditions at any time. If a change is substantial, we will make efforts
reasonable in order to provide at least 30 days notice prior to the entry into force of any
new condition. What constitutes a substantial change will be determined at our sole
discretion. By continuing to access or use our Service after these changes
become effective, You agree to be bound by the revised terms. If You do not accept
not the new Terms, in part or in whole, please stop using the Website and the
Service.
Contact us
==========
If You have any questions about these Terms and Conditions, You can contact Us:
* By email: [email protected]