BIKEBAC SERVICE AGREEMENT
- Binding Agreement
This Service Agreement creates a binding electronic agreement between Gearbac Technologies Inc. (“Gearbac”) and you, the owner or user of the products, applications and services that comprise of the Bikebac system (“Bikebac”) owned and operated by Gearbac. By indicating that you have read and accepted this Service Agreement, or by accessing or using or continuing to access or use of Bikebac or any part thereof, you are accepting and agreeing to be bound by the terms and conditions contained herein.
We may amend any of the terms and conditions contained in this Service Agreement, at any time in our sole discretion. We will inform you of any such amendment via email or a prominent notice on our website, prior to the change taking effect. Your continued use of Bikebac or any part thereof following an amendment notice by us will constitute your acceptance of such amendment.
Bikebac is a stolen bicycle recovery system, utilizing the RFID Bikebac Bike Recovery Tracker (the “Tracker”), our Bikebac software platform (the “Platform”), and our network of Bikebac Scanners located at partnering entities.
Full access to Bikebac as well as access to the data collected and shared by Bikebac is subject to your purchase, proper installation, and use of the Tracker, paired with the creation of your user account on the Platform and a paid subscription (the “User Account”).
It is your responsibility to protect your User Account login and password. Gearbac shall not be responsible for any loss or damage incurred directly or indirectly as a result of a loss of confidentiality of your User Account or login credentials.
You grant Gearbac a non-exclusive, perpetual licence to use, reproduce, modify, publish, display and make derivative works of any such User Content, in whole or in part, in any form, whether now known or hereafter developed, for lawful use by Gearbac in connection with the Platform and any Gearbac service in general, including without limitation for promotion and marketing of Bikebac, or Gearbac and its services in general.
4.Safety and Disclaimers
Your access or use of Bikebac or any part thereof is at your sole risk. Bikebac is provided on an “as is” and “as available” basis. Gearbac makes no representations, warranties or guarantees, express or implied, of any kind with respect to Bikebac or any Gearbac services in general.
For greater certainty, you acknowledge and agree that Bikebac is a tool to aid in the location and tracking of stolen or missing bicycles, and is in no way represented as, or should be construed as an anti-theft system or law enforcement tool. Gearbac shall have no obligation to monitor and report any suspicious or unusual activity pertaining to the bicycle on which the Tracker is installed. Gearbac provides no representations, warranties or guarantees that a stolen, missing or misplaced bicycle will be recovered. Any data you access through Bikebac is provided for informational purposes only. Any data logged by Bikebac indicating that your bicycle is missing or misplaced is not to be construed as definitive proof that your property was stolen or otherwise subject to a criminal act. If you suspect you have been the victim of a crime, do not take any action yourself: contact law enforcement in your jurisdiction immediately.
5.Privacy and User Data
You acknowledge and agree that through your use of Bikebac or any part thereof, including but not limited to installing a Tracker on your bicycle or creating a User Account, Gearbac may collect and use your data transmitted to Gearbac (“User Data”) during the course of or as necessary for the provision of services hereunder. User Data may include but is not limited to technical information about your Tracker, information on the bicycle on which the Tracker is installed, bicycle travel routes or patterns, or frequency of visits to Gearbac’s partnering entities. Gearbac may continue to collect User Data so long as you continue to use any part of Bikebac’s services, including your continued use of the Tracker notwithstanding your termination of your User Account. Gearbac acknowledges that all of your User Data is and remains your property. User Data shall remain anonymous and shall not include personal and confidential information such as your name, address, or payment information. You hereby grant Gearbac a perpetual exclusive licence to use, reproduce, sell or rent your User Data or portion thereof, or to use your User Date for other such lawful commercial purposes.
6.Intellectual Property and Licence
Bikebac is for personal use only. Subject to the terms and conditions specified herein, the terms and conditions of your subscription to the Platform, and any other terms, conditions, policies governing Bikebac that may be published by us from time to time, Gearbac grants you a non-exclusive, non-transferrable, limited and revocable licence to use and access the Platform and all information accessible by you thereon. During the term of the licence granted herein, you may not (i) copy, modify or create derivative works based on the Platform; (ii) distribute, transfer sublicense, lend or rent the Platform to any third party; (iii) reverse engineer, decompile, or disassemble the Platform, or any product that comprises of Bikebac; or (iv) make the functionality of Bikebac or any component thereof available to multiple users through any means. You acknowledge and agree that all intellectual property rights in Bikebac and every component thereof remain the sole property of Gearbac.
7.Limitation of Liability and Indemnity
You agree that Gearbac, its directors, officers, employees or other representatives (collectively, the “Protected Parties”) shall not be liable for any direct or indirect damages or claims sustained or suffered by you or anyone you are are responsible for at law, arising from or in relation to this Service Agreement, including but not limited to: (i) your use of Bikebac or any part thereof; or (ii) your breach of any term, condition or obligation hereunder. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages).
To the fullest extent permitted by law, the sole remedy for any claim for damages against Gearbac arising out of or in relation to this Service Agreement shall be limited to a maximum of the total fees paid by you to Gearbac prorated to the three (3) months immediately preceding the date of such claim.
You shall indemnify, defend and hold harmless the Protected Parties from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your access or use of Bikebac and its services.
Notwithstanding any provision of this Service Agreement, the failure or delay of the performance of Gearbac’s obligations under this Service Agreement by reason of circumstances beyond its control, including but not limited to acts of God, acts of civil or military authority, war, labour disputes, natural disasters, healthcare emergencies including global pandemics, shortage of resources, acts or orders of government, technological failure including electrical failure, or any other circumstance beyond the reasonable control of Gearbac (“Force Majeure”) will be deemed not to be a breach of this Service Agreement so long as Gearbac has not contributed to the Force Majeure, has used best efforts to avoid the Force Majeure, and continues to take all actions within its power to comply as fully as possible with the terms of this Service Agreement.
Gearbac may give notice to you by means of general notice through the service, email to the account on record with the User Account, or by written communication posted on Gearbac’s website or Platform. You may give notice to Gearbac by email to email@example.com or by mail to 135 – 4800 Spearhead Drive, Whistler, BC V8E 1G1.
Any rights or obligations contained herein that by their nature should survive termination of this Service Agreement shall survive, including but not limited to representations, warranties, confidentiality obligations, or indemnity obligations.
This Service Agreement hereto shall constitute the entire agreement between you and Gearbac, and shall be binding on the heirs, executors, administrators, successors and assigns of the parties hereto. All headings and titles of the sections of this Service Agreement are for convenience of reference only and are not to be considered in construing this Service Agreement.
If any particular provision of this Service Agreement is found void or unenforceable for any reason whatsoever, the particular provision will be deemed severed from the Service Agreement and the other provision will remain in full force and effect.
A waiver of any term of this Service Agreement or of any breach of this Service Agreement by Gearbac will be binding only if it is executed in writing and such a waiver does not constitute a waiver of any other term of this Service Agreement or any other breach of this Service Agreement.
This Service Agreement shall be governed and construed in accordance with the laws of British Columbia, Canada.