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BIXI may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment will be displayed on BIXI’s website and you will be deemed to have accepted them if you continue using the Service after the amendments are displayed.
Subject to your full compliance with this Agreement, BIXI grants you the non-transferable right to access and use the Service to (i) locate bicycles and stations used in bike-share system supported by the Service (ii) monitor your BIXI’s usage; (iii) access your account and billing information; (iv) purchase or renew a membership; (v) rent bicycles and (vi) provide maps and generate itineraries. The Service also offers a notification service for information directly related to your account. While BIXI tries to provide you with the most accurate information at its disposal, all information provided through the Service is provided to you for your convenience only, without any warranty of any kind regarding its accuracy, completeness, timeliness, availability or quality. Without limiting the generality of the preceding sentence, it is possible that the Service provides incorrect information such as lists of available bicycles or docks, your billing information, the bike rental timer contained in the Service, or any map or itinerary, and that such incorrect information causes you inconvenience or requires you to pay late fees to your bike-share operator. You hereby release BIXI from any liability resulting from such inconveniences or late fees by reason of your reliance on the information provided through the Service.
You must have entered into a separate agreement with the operator of the bike-share system you want to use prior to using the bike-share system. This operator may or may not be BIXI depending on the bike-share system you want to use. You hereby release BIXI of any and all liability pertaining to your use of any bike-share system supported by the Service, to the full extent permitted by the applicable law.
The Service allows you to purchase or renew memberships by selecting the applicable button. When selecting this option, you will have to agree to (i) the then applicable TERMS AND CONDITIONS OF 1-YEAR, 90-DAY, 30-DAY, OR 24-HOUR ACCESS AND USE OF THE BIXI SERVICE BY MEMBERS (“T.C.A.U.”) and (ii) to BIXI charging your credit card the then applicable standard price in effect at the time of the renewal.
The Service allows you to rent bicycles for one way, 1 day access and 3 days access. When selecting this option, you will have to agree to (i) the then applicable TERMS AND CONDITIONS IN RESPECT OF ONE WAY, DAY ACCESS AND 10 ONE WAY PACKAGE AND USE OF THE BIXI SERVICE and (ii) to BIXI charging your credit card the then applicable rates and security deposit. The Service allows you to rent a maximum of one (1) bicycle per credit card.
You agree to not permit any third party to use or access the Service on your mobile device. Without limiting the generality of the foregoing, you may not lend, rent or assign any digit personal ID number generated by the Service to remove a bicycle (the “BIXI Code”), which is the property of BIXI, to a third party or use the same for purposes which are contrary to the provisions hereof. You hereby release BIXI of any and all liability pertaining to a third party’s use of the Service on your mobile device, or using your BIXI Code.
The Service is made available to you free of charge for use on your mobile device. By entering into this Agreement and accessing and using the Service you represent and warrant that:
As a condition to your use of the Service, you agree not to:
BIXI will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. BIXI may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. you acknowledge that, although BIXI has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
All right, title, and interest in and to the Service are and will remain the exclusive property of BIXI and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
In order to use certain features of the Service, you must register for an account with BIXI and provide certain information about yourself as prompted by the Service registration form.
To the full extent allowed by applicable law, bixi makes no warranty or representation regarding the service, including that the service will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service is secure and is free from errors, faults, defects, viruses or any other harmful content, that the service will be uninterrupted, without problems or error free, or that all errors in the service will be corrected. Bixi provides the service “as is” and “as available”.
To the full extent allowed by applicable law, bixi’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description, and noninfringement, all of which are expressly disclaimed.
To the full extent allowed by applicable law, in no event shall bixi and its suppliers or licensors have any liability, whether based in contract or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, damages to device, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the service, whether foreseeable or not, and even if bixi had been advised of the possibility of such damages. In the event that bixi is found liable to pay you any damages, bixi’s total cumulative liability to you under this agreement shall not exceeed $100. The above limitations of liability will not be affected if any remedy provided herein shall fail its essential purpose.
You agree to defend, indemnify, and hold harmless BIXI, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.
No failure or delay by BIXI in exercising any right or privilege under this Agreement will operate as a waiver thereof nor will any single or partial exercise thereof preclude any other or future exercise of any right or privilege hereunder.
BIXI may terminate this Agreement and cancel your access to the Service at any time. BIXI shall give you a reasonable prior notice of this termination unless such termination is caused by your non-compliance with this Agreement or the law.
This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
This Agreement is the entire and exclusive agreement between BIXI and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between BIXI and you regarding the Service.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of BIXI which consent is within BIXI’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. BIXI shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and BIXI.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.
If you have any concern, question or complaint regarding this Agreement, please contact BIXI at:
By phone: (514) 789-2494 between 9AM and 5PM, Standard Eastern Time
By mail: BIXI MONTRÉAL
5945 av. De Gaspé
By e-mail: email@example.com
The current Agreement last update was July 13, 2016.
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