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General Terms and Conditions

DE: https://www.velooliver.com/

Last updated: May 14, 2022

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of or reliance on the Site maintained by Vélo Oliver (the "Site").

By accessing or browsing the Site, you represent that you have read, understood and agree to be bound by the Terms and Conditions. Please note that we may change the Terms of Use at any time without notice. Your continued use of the Site will be deemed your acceptance of the revised terms and conditions.

AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Site or any services included on this Site. By accessing or using this Site, you represent that you are at least eighteen (18) years old. We will not be liable for any misrepresentation of your age.

INTELLECTUAL PROPERTY

All intellectual property on the Site, except for user-generated content as defined below, is owned by us or our licensors and includes any copyrighted material, trademarks or patents. All trademarks are owned, registered and/or licensed by us. All content on the Site, except for User Generated Content as defined below, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content, is a collective work under Canadian or other copyright law and is the property of Vélo Oliver.

USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Site, including, but not limited to, materials, data or information developed by us, or any other items that may assist you in using the Site or the Services (the "Company Content"). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as conferring any license or intellectual property rights upon you.

USER GENERATED CONTENT

User Generated Content" includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or other content that you and/or other users of the Site post or make available on or through the Site, except content that is proprietary to us.

USER ACCOUNT AND ACCOUNT USE

If your use of the Site requires an account identifying you as a user of the Site (a "User Account"):

(a) you are solely responsible for your User Account, for maintaining the confidentiality and security of your User Account and all passwords associated with your User Account, and for the activity of any person who has access to your account with or without your permission;
(b) you agree to immediately notify us of any unauthorized use of your user account, services provided through your user account, any password linked to your user account, or any other breach of security of your user account or service provided through your user account, and you agree to assist us, as we may request, in stopping or remedying any breach of security related to your account; and
c) you agree to provide true, accurate and current User Information as we may request from time to time, and you agree to notify us of any changes to your User Information as required to keep the information we hold true, accurate and current.

PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Please pay attention to the transaction details as the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and store that payment instrument and any other information related to the transaction.

If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these Terms and Conditions or if we believe that doing so may prevent financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities, or any affected third party (including other users) and may share details of any payment with which you are associated if we believe that such action may prevent financial loss or a violation of the law.

SALE OF GOODS AND/OR SERVICES

We may sell goods or services. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.

SHIPPING, DELIVERY AND RETURN POLICY

You agree to provide payment for all items you may purchase on the Site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address, shipping address and billing information. We reserve the right to refuse or cancel any order for any reason, including an error or omission in the data you provide. If payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time the order is shipped. You agree to monitor your payment instrument. Shipping and delivery costs and scheduled delivery dates may change due to unforeseen circumstances.

For any questions or disputes, you agree to contact us in a timely manner at the following email address:

[email protected]

ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or any other purpose prohibited by this clause. You agree not to use the Site in any way that may adversely affect the Site, the Services or the business of Oliver Bicycles.

You also agree not to use the Site to:

a) harass, abuse or threaten others or otherwise violate the rights of any person;
b) infringe the intellectual property of Vélo Oliver or any other third party
c) upload or transmit computer viruses or any other software that may damage the property of Vélo Oliver or others
d) commit fraud;
e) create or participate in any illegal gambling, lottery or pyramid scheme
f) publish or distribute obscene or defamatory material
g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
h) unlawfully collect information about others.

PROTECTION OF PRIVACY

By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.

When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and/or billing information. Depending on how you use our site, we may also receive information from external applications you use to access our site or we may receive information about you through various web technologies such as cookies, logs, web beacons (also known as "clear gifs"), tags and the like.

We use the information we collect from you to ensure that you have a good experience on the site. We may also track some of the passive information we receive to improve our marketing and analytics, and we may work with third party vendors to do so.

If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you provide to us, such as your email address.

REVERSE ENGINEERING AND SECURITY

You may not do any of the following:

a) reverse engineer or disassemble any code or software on or from this Site
b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

DATA LOSS

We are not responsible for the security of your user account or the contents of your account. Use of the site is at your own risk.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Oliver Bikes and its affiliates from and against any claim, suit, or demand, including attorneys' fees, arising out of or relating to your use or misuse of the Site, your violation of this Agreement, or your conduct and actions. If we choose to do so, we will select our own attorney and participate in our own defense.

SPAM POLICY

You are strictly prohibited from using the Site or any services offered on the Site for any illegal spam-related activities, including collecting addresses and personal information from others or sending mass commercial e-mail.

LINKS AND THIRD PARTY CONTENT

We may post links to third party sites or services. We are not responsible for any damages or losses related to the use of any third party services linked to our site.

INDEPENDENCE OF CLAUSES

If any provision of this Agreement is determined to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of this Agreement.

INTERRUPTIONS OF SERVICE

We may need to interrupt your access to the Site in order to perform maintenance or unscheduled emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated downtime for any reason, and that we will not be liable for any damages or losses resulting from such downtime.

TERMINATION OF USER ACCOUNT

We may suspend, limit or terminate your user account and your use of the Site at our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or efficiency of the Site or any equipment or network owned by us or a third party that is interfered with by your use or misuse of the Site or if you have been or are currently in violation of the terms hereof. We shall have no liability to any third party, including any third party provider for any suspension, limitation or termination of your access to the Site.

NO ERROR-FREE WARRANTY

While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that the content is error-free, up-to-date or complete. Under no circumstances shall we be liable for any damages that may result from any errors on the site.

We assume no responsibility for any damages arising from the misuse of the content of the site. Nor can we guarantee that the site will be available without interruption, without error or omission, or that defects will be corrected. Nor can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The Site and its contents are provided on an "as is" and "as available" basis without representations, warranties or conditions of any kind, either express or implied.

If you choose to subscribe to any services or features of the Site that require a subscription, you agree to provide accurate and current information about yourself as required by the applicable registration or subscription process, and to ensure its accuracy by making necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers which you choose or are assigned at the time of registration or subscription on Oliver Bikes or its partners and to accept responsibility for all activities that occur under such passwords or accounts. You further agree to notify us of any unauthorized use of your password or membership account. We shall not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.

You acknowledge that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of the services offered (and terminate your use of them), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are dissatisfied with Vélo Oliver or any of its services, or with any of these Terms and Conditions, rules, policies, guidelines or our practices relating to the operation of Vélo Oliver or any of its services, your sole remedy is to discontinue using the site or service in question.

PRIVACY

Communications via the Internet are subject to possible interception, loss or alteration, and you acknowledge that information or material which you provide electronically through your access to or usage of this Site is not confidential or proprietary, except as may be required under applicable law, and that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.

For more information, please see our Privacy Policy at: https://www.velooliver.com/service/privacy-policy/

LIMITATION OF LIABILITY

In no event shall we be liable for any damages you may suffer as a result of your use of the Site, to the fullest extent permitted by law. Vélo Oliver's maximum liability arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to Vélo Oliver in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.