Terms of Use

Effective date: May 1, 2024

Hello, and welcome to Vélodel! We have put together some detailed terms and conditions herein to clarify expectations and to set out our respective rights and obligations relating to your use of our services. These terms (“Terms of Use” or “Terms”) along with our privacy policy (“Privacy Policy”) are resources for you to gain a deeper understanding of how we use information and data we collect, and what your rights and our obligations are with respect to that information.

Please carefully read both these Terms and our Privacy Policy before using our services.

DISCLAIMER

BEFORE USING OR ACCESSING OUR SERVICES, AS DEFINED BELOW, PLEASE READ THESE TERMS CAREFULLY. BY USING OR ACCESSING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY, TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON YOUR OWN OR ON BEHALF OF ANY GROUP OR ENTITY YOU REPRESENT. IF APPLICABLE, YOU HEREBY COVENANT TO ENSURE THAT ALL FUTURE USERS THAT GAIN ACCESS TO OUR SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE OUR SERVICES.

Introduction.
1. Vélodel (“Velodel”, “we”, “us”) provides a bicycle rental and subscription service (“Services”). By subscribing for these Services on our website, you will be directed to view information about the bicycles (“Products”) and may place an order (“Order”) from the Menu by entering your nominated payment method on the Website which is processed in accordance with Section 3.
2. Vélodel Website Terms of Use (Terms) are here to ensure you understand your rights and obligations when you access, navigate and use our website (located at http://www.velodel.ca and our social media pages (collectively, our “Website”) and use our Services.
3. Any reference in these Terms to “you” or “your” or “Customer” means any person accessing, viewing or using the Website and/or Services.
4. By accessing, navigating and using the Services and/ or Website or otherwise dealing with Vélodel, you agree to be bound by these Terms and the Vélodel Privacy Policy located at http://www.velodel.ca. If you do not agree to these Terms, then you must cease using the Services or the Website.
5. Vélodel may amend these Terms at any time at its sole discretion. By continuing to use the Website and/ or Services, you will be deemed to have accepted any revised terms from the date that they are published on the Website.
Using our Services and Website
1. License to Use.
  Subject to these Terms and any other agreement between you and Vélodel, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use our Services solely in the manner enabled by us. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services, and we reserve all rights not expressly granted under these Terms.
  
  You acknowledge and agree that we may alter, suspend, discontinue or subcontract our Services in whole or in part, at any time and for any reason.
2. Communications.
  You acknowledge and agree that Vélodel may send electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to Vélodel sending you electronic messages. We will only send you messages related to your Order and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you. You can opt out of receiving direct marketing communications and information at any time.
3. General Terms.
  1. You agree that placing an Order using the Services is subject to you providing payment information for the Products and Services in accordance with clause 3.
  2. You agree that you will be using our Product yourself and not permitted to sell or lease it without our consent.
  3. You agree to upkeep the Product in a reasonable and proper condition as expected by providing the necessary care upon operating and parking.
  4. You acknowledge that Vélodel does not guarantee that Products will be delivered or available for pick-up within a certain time frame or that the Products are of a certain quality.
  5. You acknowledge that Vélodel does not guarantee that any of the information displayed on its Website including all information, photos, ingredients, explanations of a bicycle are accurate and Vélodel is not liable for any errors in representation provided by the manufacturer of the bicycles.
  6. You agree not to make any alterations or modifications to our Products without our permission. This including repainting or customizing the bicycle product. A basket, bag or pannier is permitted on any rack that is already available on the bicycle. However, installation of a rack or any other modification is not permitted. You agree that you will be responsible for any safety measures and third-party liability as a result of adding a basket, bag or pannier.
  7. You agree to properly lock the bicycle when parking and storing with the plugin chain as instructed in the video we will be providing ahead of the product delivery and the demonstration upon delivery by our staff.
4. Use Restrictions
  By agreeing to these Terms and using the Services, you shall not, and shall not authorize or facilitate any attempt by another person to use our Services, to:
  1. sell, rent, transfer, publish, disclose, distribute, display or otherwise make available our Services to third parties, including any modifications, enhancements, derivatives and other materials provided hereunder by us or copies thereof to others in violation of these Terms;
  2. damage, disable, overburden, impair or interfere with any other party’s use of our Services;
  3. obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services;
  4. use false or misleading information, including creating a false identity, in connection with your user account, or impersonate any other person living or dead;
  5. upload or send any content that is unlawful, harmful, threatening, abusive, harassing, hateful, disparaging, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us in our sole discretion;
  6. upload or send content that depicts or advocates the use of illegal drugs, that characterizes violence as acceptable, glamorous or desirable, or that encourages conduct that would constitute a criminal or civil offense;
  7. upload or send content that infringes another’s copyright, trademark or trade secret;
  8. upload or send unsolicited advertising or unlawfully promote products or services;
  9. harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
  10. promote, solicit, or participate in any multi-level marketing or pyramid schemes;
  11. exploit children under 18 years of age;
  12. invade the privacy of any person, including without limitation, posting personally identifying or otherwise private information about a person without their consent;
  13. engage in fraudulent activities;
  14. circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services;
  15. introduce viruses, worms, Trojan horses and/or harmful code to our Services;
  16. violate any applicable statute, law, rule, regulation or court order;
  17. reverse engineer, reverse assemble or decompile, copy, alter, hack, or attempt to extract the source code of any software developed by Vélodel, or adapt, distribute, reissue or transmit any part of its content without first obtaining Vélodel’s explicit written consent; nor
  18. use our Services for service bureau, time sharing, or other similar purposes, or for the benefit of any third party.
  19. interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
  20. YOU MAY NOT ACCESS OR USE OUR SERVICES IF YOU ARE A COMPETITOR, OR FOR PURPOSES OF MONITORING THE SERVICES’ AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PROCESS.
5. Personal Information.
  We have taken commercially reasonable steps to ensure your personal information is protected in accordance with the Personal Information and Electronic Documents Act (“PIPEDA”). For more information on how your data is stored please reference our Privacy Policy.
  
  WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION YOU SUBMIT TO THE SERVICES IN RESPONSE TO ANY REQUEST FROM A THIRD PARTY OR OTHER USER OF THE PRODUCT OR SERVICE. If you submit personal information to the Services in response to any request from another user, it shall be considered unauthorized use of the Services, and we shall have no responsibility or liability in connection therewith.
6. Minors.
  Our Services are not intended for use by minors and are available only to, and may only be used by, individuals who are eighteen (18) years and older and can form legally binding contracts under applicable law. If anyone under the age of eighteen (18) accesses our Services, it shall be considered unauthorized use of the Services, and we shall have no responsibility or liability in connection therewith.
Our payment terms.
1. You agree that you will pay for all Products that you Order in accordance with these payment terms and that you will pay the purchase price as displayed on the Website.
2. Vélodel warrants that it has the right to collect payments for Products that you Order using our Services.
3. You acknowledge and agree that all purchase prices specified, and payments collected will attract all applicable taxes, where required by law.
4. You acknowledge that Vélodel will not place your Order until you have provided payment information and we have verified your identity for the Product and Service through our Website.
5. You agree that the subscription of the Service starts on the date you receive the Product, auto renews unless the user cancels the subscriptions in which case it will ends on the last day of that month.
6. You acknowledge that you are aware that the promotional price listed on the Website is for the duration of the pilot project from May to August 2024 and will be subject to change thereafter.
7. You warrant to produce the key and police report when informing us within 24 hours if the bicycle is stolen. The police must be notified within 48 hours of the incident. If these are produced, you acknowledge that you will be have to pay for one month’s subscription fee for the Order. You agree to pay the minimum value and any other applicable penalties set by us in all other cases.
8. You acknowledge that the purchase price or availability of the Product as displayed on the Services and Website may differ from time to time to the purchase price of the Product advertised.
9. You acknowledge that Vélodel uses third party payment processors including but not limited to Stripe, Square, Paypal, Apple Pay and Google Pay (Payment Processors). You agree that you will pay in addition to the purchase price of the Product, any additional fees charged by the Payment Processors.
10. The processing of payments or credit cards are subject to the terms, conditions and privacy policies of your credit card issuer and the Payment Processors in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their websites. Vélodel is not responsible for any errors by the Payment Processor or credit card issuer.
11. You agree to inform us that you wish to cancel the subscription before the 15th day of the month you wish to cancel. You must book a return time slot which must be booked at least 5 days in advance. The return of the Product must occur before the 5th day of the month following the termination of the subscription. If this is not done, you agree that you will be charged one third (1/3) of the subscription fee immediately and one third (1/3) for each subsequent week in which they have not returned the Product.
12. You warrant that you are the authorised user of any payment method that you use in connection with the Services and the Website and you acknowledge Vélodel is not liable for any unauthorised use of any payment method.
13. You agree that if you submit an Order, Vélodel delivers your Order when your payment information is verified. Subject to clause 7.4, you are not entitled to change or cancel your Order once it has been placed and you will not be entitled to a refund.
14. You agree that Vélodel have the sole discretion to reject or refuse your Order at any time. If your Order is rejected or cancelled, you will receive a refund in accordance with our refund policy.
15. You agree to pay a key replacement fee for any lost key.
Use of promotional codes.
1. We may offer promotional codes that provide you with discounts, bonus offers, or other incentives for you to use our Services (Promotional Codes). We agree to allow you to use valid Promotional Codes subject to any terms and conditions and the following conditions:
  1. Promotional Codes cannot be redeemed for cash, can only be used on one transaction, must be used before the expiry date.
  2. Vélodel reserves the right to cancel, withhold use, suspend or modify the terms of Promotional Codes and any discount or benefit associated with it at any time.
Our content and access.
1. Vélodel makes all reasonable endeavors to ensure that the information Products and Services available on the Website are accurate and correct, although we do not warrant that it is accurate, adequate, or complete.
2. You acknowledge and accept that the Website content may include incorrect information, technical inaccuracies, and typographical errors. You acknowledge and accept that the Services and the Website will, from time to time, change without notice to you and that the content of the Website may not necessarily be accurate or up to date at the time you view it.
3. You are responsible to contact us directly to ensure that any material or information on the Website that you seek to rely on is accurate and current. Vélodel disclaims all liability for any direct or indirect loss or damage arising from your use or reliance on the Services or Website to the full extent permitted by law.
4. You warrant that you will not hide, deface, alter or delete any copyright symbol, trademark, or other proprietary rights notice.
5. We do not guarantee that your access to the Services and/or the Website will be uninterrupted and that the Services and/or the Website will be error-free, and free from viruses or any other malware which may damage any device or data as a result of access to the Services or Website.
6. You agree that Vélodel may conduct maintenance of the Services or Website at any time and that this maintenance may interrupt your access to the Services or Website.
Intellectual Property.
1. All material displayed on the Service and the Website, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, copywriting, and design features (“Vélodel Intellectual Property”), we either own or have the right to use.
2. You may not use the Vélodel Intellectual Property for any commercial purpose without our express prior written consent.
3. You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Vélodel Intellectual Property for any commercial purpose to any third party in whole or in part without our express prior written consent.
4. You acknowledge that if you do copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Vélodel Intellectual Property, we will suffer loss and damage, and you agree to indemnify us for any such loss and damage.
5. We do not grant any license or right in or assign all or part of the rights of the Vélodel Intellectual Property to you.
6. The Website may contain links to other websites operated, controlled or produced by third parties. Vélodel does not control, endorse, sponsor or approve of any third-party website or its content and does not provide any warranty or take on any responsibility whatsoever in relation to your access and use of third-party websites. We advise you to check their privacy policy and terms and conditions before using their services.
7. You warrant that you will not infringe the Intellectual Property Rights of Vélodel or any third party relating to your use of the Services or the Website.
Limitation of Liability.
1. Vélodel disclaims all liability for any loss or damage of any kind arising out of or in connection with the Services and the Website content and your use or performance of the Website and Services to a maximum extent permitted by law including without limitation and liability relating to:
  1. You agree that you have the necessary knowledge, competence, fitness, and skills to operate a bicycle.
  2. You agree that you are familiar with all relevant laws and by-laws related to the operation of the bicycle.
2. You agree that your use of the Services and the Website are at your own risk and you accept and agree that you will not seek to hold us accountable for any loss or damage that you or any third party may suffer as a result of your use of the Services and/or the Website, and that you will indemnify us for any such loss and damage we suffer as a result of claims brought against us by any party as a result of your use of the Services and/or the Website.
3. Notwithstanding the above, to the maximum extent as permitted by law, you agree that Vélodel’s aggregate liability shall not exceed the total purchase price of your Order.
Term.
These Terms shall remain in full force and effect while you use the Services.
Modifications.
We modify the Services from time to time, including by adding or deleting features and functions in an effort to improve your experience.
Indemnification.
To the fullest extent of the law, you agree to indemnify us from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of the Services and Website.
Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Assignment.
We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you submit to the non-exclusive jurisdiction of the courts in the Province of Ontario for the resolution of any disputes.
Support.
Phone, email, and website support are generally available from 9 am – 5 PM Monday to Friday (Eastern Standard Time).

If you have any questions about these Terms, please contact us at info@velodel.ca.