TERMS OF USE

INTRODUCTION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL OF THE TERMS ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THOSE THAT ARE IN CAPITAL LETTERS AS THESE MAY LIMIT OUR RESPONSIBILITY OR INVOLVE SOME RISK FOR YOU.

We have developed BIKE GENERATION’s WEBSITEs for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the WEBSITE, use of the WEBSITE or access to the WEBSITE.

These Terms of Use tell you the terms on which you may use the WEBSITE.

By using the WEBSITE, and accepting these Terms of Use, you agree to comply with them. We recommend that you keep a copy of these Terms of Use for future reference.

If you do not agree to these Terms of Use, you must not use the WEBSITE.

INFORMATION ABOUT US

In these Terms of Use, when we refer to BIKE GENERATION, us, we or our, we mean BIKE GENERATION and its directly and indirectly held subsidiaries.

You can contact us via the details in the “Contact Us” section below.

PRIVACY AND COOKIES

Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information (if applicable) and the procedures that we have in place to protect your privacy. It applies to personal information we collect through the WEBSITE. Please make sure that you read our Privacy Policy carefully before using the WEBSITE.

The WEBSITE uses cookies and other similar tracking and analytics technologies. “Cookies” are small text files that websites or mobile apps saved onto your device. They’ve been around since the mid-1990s and are one of the most widely used technologies on the internet. For further information, including on the types of cookies and other similar tracking and analytics technologies that we use and how to manage them, please refer to our cookies policy.

The WEBSITE uses cookies and other similar tracking and analytics technologies. “Cookies” are small text files that websites or mobile apps saved onto your device. They’ve been around since the mid-1990s and are one of the most widely used technologies on the internet. For further information, including on the types of cookies and other similar tracking and analytics technologies that we use and how to manage them, please refer to our cookies policy.

YOUR ACCOUNT AND PASSWORD

The App enables you to register for a BIKE GENERATION account, [or to sign in with your existing BIKE GENERATION account details]. You are not permitted to register on behalf of someone else. If you are registering for an account, you confirm that all information and details you provide to us are true, accurate and up to date. You must keep your BIKE GENERATION account password and details to yourself and confidential. You must not disclose your account password or details to anyone else. We are not responsible for any unauthorized use of your account, unless it is our fault.

If you know or suspect that anyone other than you knows your details or password, you must promptly change your password and notify us using the contact form

LOCATION SERVICES AND FEATURES

You will need to have ‘location services’ enabled on your device(s) to be able to use many of the WEBSITE’s features. While ‘location services’ remain enabled, the WEBSITE will also collect and use data about your location in order to provide you with more relevant and personalised information. You may turn this feature off in your device’s ‘settings’, however if you do so some of the WEBSITE’s functionality and features will no longer be available to you. Please see our Privacy Policy for more information on how we collect and use data about your location.

OUR LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT (COLLECTIVELY, THE “SERVICE”) AVAILABLE ON THE APP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. BIKE GENERATION AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BIKE GENERATION AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT BIKE GENERATION IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. THE CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SERVICE, AND YOU SHOULD NOT USE THE SERVICE OR ANY CONTENT ON THE SERVICE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND BIKE GENERATION.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS WHO MAY USE THE WEBSITE. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT ANY BACKGROUND CHECKS INCLUDING CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF ITS LICENSEES.

TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE BIKE GENERATION, ITS SUBSIDIEARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE WEBSITE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE WEBSITE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY BIKE GENERATION WHILE YOU USE THE WEBSITE, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE, (d) ANY DELAY OR INABILITY TO USE THE WEBSITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BIKE GENERATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST BIKE GENERATION FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF BIKE GENERATION IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, BIKE GENERATION’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Where these things cannot be disclaimed or waived, these Terms of Use do not exclude or limit our liability for: (i) death or personal injury arising from our negligence, or the negligence of our employees, agents or subcontractors, or fraud or fraudulent misrepresentation; (ii) our gross negligence, wilful or intentional misconduct, or intent (where these terms have a recognised legal meaning in your country); or (iii) any other liability that we cannot exclude or limit by law. These Terms of Use may not apply where laws, regulations or other legal authorities provide different or additional rights than those established herein.

We will not be liable to you for any losses or damages suffered by you that: (i) were not reasonably foreseeable at the time you accepted these Terms of Use (loss or damage is reasonably foreseeable if either it is obvious at the time you accepted these Terms of Use that it may happen, or both you and we knew it might happen, for example, if you and we discussed it); or (ii) are not caused by us breaching a term of these Terms of Use, or any other failure by us.

Although we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the WEBSITE, we cannot guarantee that there will not be any and we will not be responsible if we are claimed to be the source.

We will also not be liable to you for any period(s) when the WEBSITE or any feature of the App is unavailable to you for any reason.

CHILDREN

The WEBSITE is not for individuals under 16 and we request individuals under 16 not provide personal data to BIKE GENERATION. If we learn that we have collected the personal data from a child under 16, we will take steps to delete the information as soon as possible.

CHANGES TO THESE TERMS OF USE

We may revise these Terms of Use at any time to reflect changes in or to:

  • relevant laws or regulatory requirements.
  • security, technical or operational issues; and / or
  • the WEBSITE’s functionality or features.

If we change these Terms of Use, we may post summary details of the changes below. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

By accepting revised Terms of Use you agree to comply with them. If you do not agree to the revisions, you must stop using the WEBSITE.

CONTACT US

If you have any questions, comments, concerns, complaints or claims about these Terms of Use or the WEBSITE, you can contact us at any time and we will get back to you as soon as possible.

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