Bike Registry Canada Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING
OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Bike Registry Canada YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and conditions
are subject to change without prior notice at any time, in Bike Registry Canada's sole
discretion. By visiting, browsing, shopping, accessing or otherwise using the
Site after a change has been posted to the Site, the Customer accepts that change.
Customers should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and Bike Registry Canada (References to "you" or "your"
shall relate to a customer of Bike Registry Canada or other party that visits, browses,
shops, accesses or otherwise uses the Site (the "Customer"); references
to "Bike Registry Canada" shall relate to Bike Registry Canada and its affiliates.)
By visiting, browsing, shopping, accessing or otherwise using this site ("Site"),
you acknowledge that you have read, understood, and agree to be bound by this
User Agreement and comply with all applicable laws and regulations. If you do not agree
to this User Agreement, as it may be changed by Bike Registry Canada from time to time,
do not use this Site. The material provided on this Site is protected by law,
including, but not limited to, Canadian copyright law and international
treaties. This Site is controlled and operated by Bike Registry Canada from its offices
within Canada. Bike Registry Canada makes no representation that materials
in the Site are appropriate or available for use in other locations, and access
to them from territories where their contents are illegal is not authorized.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of Canada and the Province of Ontario. You consent to jurisdiction of the federal and
provincial courts located
in Canada to hear any such claims.
Access, Interference and Linking
Bike Registry Canada grants you a limited license to access and make personal use of
the Site and not to download (other than page caching) or modify it, or any
portion of it, except as provided below under "Use Restrictions,"
or with express written consent of Bike Registry Canada.
The following activity on the Site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by Bike Registry Canada; collection or use of any product
listings, descriptions, or prices, from the Site for the benefit of another
merchant that supplies products competitive with or comparable to those offered
on the Site; and, Any use of, visits to, or other action that imposes an unreasonable
or disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning.
Any unauthorized use terminates
the license granted by Bike Registry Canada.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of the Site so long as the link does not portray Bike Registry Canada,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Bike Registry Canada logo or other
proprietary graphic or trademark as part of the link without express written
permission.
Bike Registry Canada does not review or control third-party sites that link to or from
the Site, and is not responsible for the contents of any third-party sites linked
to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by Bike Registry Canada
or by the original creator of the material. Except as stated herein, none of
the material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Bike Registry Canada or the copyright owner.
Permission is granted to display, copy, distribute and download the materials
on this Site for personal, non-commercial use only, provided you do not modify
the materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically if you
breach any of these terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may not, without Bike Registry Canada
's prior written permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Bike Registry Canada is a
trademark of Bike Registry Canada Copyright © 2005 Bike Registry Canada.
Microsoft and the Passport Logo are either registered trademarks or trademarks
of Microsoft Corporation in the United States and/or other countries and are
used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Bike Registry Canada
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE,
OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Bike Registry Canada OR
A Bike Registry Canada AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF.
Privacy
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
If you are under 18, you may use the Site only with a parent or guardian. Bike Registry Canada
reserves the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in its sole discretion.
Communications to Bike Registry Canada
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Bike Registry Canada for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Bike Registry Canada is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to Bike Registry Canada
or the Site for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright
infringement, please contact:
Bike Registry Canada
8500 Leslie St.
Thornhill ON, L3T 7M8
Phone: 905 709 0928
Fax: 905 709 0952
Email: info@bikeregistrycanada.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
Bike Registry Canada Terms and Conditions
of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT")
VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH Bike Registry Canada. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Bike Registry Canada.
The Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your"
shall relate to the Customer; references to "Bike Registry Canada" shall
relate to Bike Registry Canada and its affiliates.) The terms and conditions of this
Sale Agreement are subject to change without prior notice, except that the terms
and conditions posted on the Site at the time the Customer initially places
or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
Bike Registry Canada relating to the purchase or sale of goods or services on the Site.
The Sale Agreement may only be modified or terminated with regard to goods or
services that have been purchased or sold on the Site in writing signed by
Bike Registry Canada. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by contacting
Bike Registry Canada at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE GOVERNMENT OF CANADA. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR
PROVINCIAL
COURTS LOCATED IN CANADA FOR PURPOSES OF ANY SUIT, ACTION
OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Risk of Loss
Title to goods herein being purchased is retained by the seller until goods
are paid for by the purchaser and at that time title passes to the purchaser.
Loss or damage that occurs during shipping by a carrier selected by Bike Registry Canada
is Bike Registry Canada's responsibility. Loss or damage that occurs during shipping
by a carrier selected by the Customer is the Customer's responsibility. Title to software
will remain with the applicable licensor(s).
General Legal Disclaimer
Bike Registry Canada HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Bike Registry Canada IN NO WAY AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products
and offers, Bike Registry Canada reserves the right to make adjustments due to changing
market conditions, product discontinuation, manufacturer price changes, errors
in advertisements and other extenuating circumstances.
While Bike Registry Canada uses reasonable efforts to include accurate and up-to-date
information on the Site, Bike Registry Canada makes no warranties or representations
as to the Site's accuracy. Bike Registry Canada assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limitation of Liability
Bike Registry Canada WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN. Bike Registry Canada WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT
BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
Bike Registry Canada IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Bike Registry Canada until accepted by Bike Registry Canada. Terms
of payment are within Bike Registry Canada's sole discretion. Invoices are due and
payable within the time period noted on the invoice, measured from the date
of the invoice. Bike Registry Canada may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes associated with the
order.
Return Policy
NO REFUNDS - All sales are final.
Credit Cards
Credit card charges are processed after the products and/or
services are ordered. Bike Registry Canada
does not apply any surcharge for credit cards.