Terms & Conditions
Welcome to velofix.com. Velofix Group of Companies and/or its affiliates (“Velofix”) provide website features and other products and services to you when you visit or shop at velofix.com, use velofix products or services including velofix DIRECT and velofix BUILD In-Home assembly services. Velofix provides the velofix Services subject to the following conditions.
By using velofix Services, either directly or indirectly through a third-party user of velofix services you agree to these conditions.
Please read them carefully.
We offer a wide range of velofix Services, and sometimes additional terms may apply. When you use an velofix Service you may also will be subject to the guidelines, terms and agreements applicable to that velofix Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use velofix, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other velofix Services, such as our Customer Care Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any velofix Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of velofix or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any velofix Service is the exclusive property of velofix and protected by U.S. and international copyright laws.
velofix’s trademarks and trade dress may not be used in connection with any product or service that is not velofix’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits velofix.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, velofix may grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the velofix Services. This license does not include any resale or commercial use of any velofix Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any velofix Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by velofix or its licensors, suppliers, publishers, rightsholders, or other content providers. No velofix Service, nor any part of any velofix Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of velofix.. You may not misuse the velofix Services. You may use the velofix Services only as permitted by law and according to these Terms and Conditions. The licenses granted by velofix terminate if you do not comply with these Conditions of Use or any Service Terms.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. velofix reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant velofix a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant velofix and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify velofix for all claims resulting from content you supply. velofix has the right but not the obligation to monitor and edit or remove any activity or content. velofix takes no responsibility and assumes no liability for any content posted by you or any third party. .
PRODUCT AND SERVICES DESCRIPTIONS
velofix attempts to be as accurate as possible. However, velofix does not warrant that product or services descriptions or other content of any velofix Service is accurate, complete, reliable, current, or error-free. If a product or service is offered by velofix itself is not as described, your sole remedy is to contact firstname.lastname@example.org for a discovery discussion.
velofix will use commercially reasonable efforts to deliver products and services as quickly as possible, and within any time indicated. However, we are not responsible for service delays beyond our control that may fall outside of predetermined service schedules. We will endeavour to notify users if service is delayed and will offer up an alternative service date at the clients’ discretion. We reserve the right not to service or ship certain addresses.
We may correct errors or inaccuracies and change or update information on this website at any time without notice, including prices and item availability. All prices listed are in local dollars and all charges will be processed in local dollars. All prices listed on this site are subject to confirmation. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.
Parties other than velofix Group of Companies operate Mobile Bike Shops through a Franchisor and Franchisee relationship, provide services including In Home assembly and delivery and or sell product lines through the velofix umbrella. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from velofix. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals. velofix does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should inquire with these third parties regarding their Terms and Conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE VELOFIX SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VELOFIX SERVICES ARE PROVIDED BY VELOFIX ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VELOFIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VELOFIX SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VELOFIX SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VELOFIX SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, VELOFIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VELOFIX DOES NOT WARRANT THAT THE VELOFIX SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VELOFIX SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM VELOFIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, VELOFIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VELOFIX SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY VELOFIX SERVICE OR SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Velofix Service, or to any products or services sold or distributed by Velofix or through Velofix.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any velofix Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware in the United States of America and in Province of British Columbia for Canada without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Velofix.
Velofix Group of Companies
303 West 5th Ave
Vancouver, BC V5Y 1C4
ADDITIONAL VELOFIX SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with velofix Service (the “velofix Software”).
- Use of the velofix Software. You may use velofix Software solely for purposes of enabling you to use the velofix Services as provided by velofix and its affiliates and third-party partners, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the velofix Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the velofix Software in whole or in part. All software used in any velofix Service is the property of velofix or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the velofix Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the velofix Software at any time and without notice to you.
- Conflicts. In the event of any conflict between these Conditions of Use and any other velofix or third-party terms applicable to any portion of velofix Software, such as open-source license terms, such other terms will control as to that portion of the velofix Software and to the extent of the conflict.