Veemo® Terms and Conditions
Version 1.4. - Revised April 24, 2018.
These Service Terms apply to Services provided by VeloMetro Mobility Inc. (“VMI”) to Member (as defined herein). The Service Terms form part of the Service Agreement between VMI and Member, which also includes Schedules, Policies, Registration Form and Veemo® documentation referenced herein. The Service Agreement creates a commercial relationship whereby Member may solicit and obtain Services from time to time, in accordance with the terms of the Service Agreement.
In the event of an inconsistency between the constituent documents of the Service Agreement, the inconsistency shall be resolved by first giving priority to a Schedule, then to the Service Terms, then to Policies, then to the Registration Form, then finally to Veemo® documentation. Potential Member (as defined herein) acknowledges that it has read, understood and agreed to the terms of the Service Agreement prior to becoming a Member and using Services.
The Veemo® App (“App”) is a software application available on iOS (via the iTunes App Store) and Android (via the Google Play Store) mobile devices. The App is critical to Member’s use of Veemo® velomobiles as it is the primary means of registering for membership, managing Member account information (including payment information) as well as locating, reserving, accessing and renting Veemo® velomobiles.
1.2. Area of Operation
The Area of Operation consists of the geographic boundary in which Member is licensed to utilize Veemo® velomobiles. All such velomobiles are located in designated Areas of Operation and must only be utilized within such areas. The Area of Operation is the Home Area at the time of a Veemo® trip.
1.3. Fee Schedule
The Fee Schedule sets out all applicable fees and charges relating to Member’s use of Veemo® velomobiles. The Fee Schedule is published on the Website and can also be accessed via the App. The Fee Schedule is subject to amendments from time to time at VMI’s sole discretion, in accordance Section 15.3 of the Service Terms.
1.4. Home Area
The Home Area is the area predefined by VMI in each of its operating locations as the exclusive area for the start and end of a Veemo® trip. Maps of current Home Areas, as may be amended, are available on the Veemo® Touchscreen, App and Website.
Laws include all federal, provincial and municipal laws, regulations and by-laws applicable to any and all Canadian areas visited during a Veemo® trip.
A Member is a Potential Member who has been approved as such by VMI following a successful application for membership status via the process set out in Section 2 of the Service Terms. An individual must be a Member, which includes agreeing to and being bound by the Service Terms, in order to reserve, access and rent Veemo® velomobiles and exercise other rights under the Service Agreement.
The meaning of “Policy” is set out in Section 13 of the Service Terms. Policies are integral parts of the Service Agreement.
1.8. Potential Member
A Potential Member is an individual who applies to be a Member. A Potential Member may access the Website or the App but is not authorized to reserve, access or rent Veemo® velomobiles.
1.9. Private Property Rules
Private Property Rules consist of policies, guidelines, rules and requirements applicable to private property. For example, parking policies, and traffic signs, as well as rules relating to loading zones and the impounding of vehicles applicable to private property, and any towing fees, fines or other levies for breaches of any requirements relating to private property are considered Private Property Rules.
1.10. Registration Form
A Potential Member must complete and submit a Registration Form as part of the application process set out in Section 2 of these Service Terms. The Potential Member must provide personal information including credit card information in order to
complete the Registration Form. The information requested by way of the Registration Form is necessary for VMI to approve memberships, provide Services, manage the Member accounts and comply with Laws.
1.11. Rental Period
The Rental Period refers to the period of time that Member is renting a Veemo® velomobile. The steps for beginning and ending a Rental Period are described in Section 3 of the Service Terms.
1.12. Restricted Zone
A Restricted Zone is an area within VMI’s operating locations that is predefined by VMI as an exclusive area where Members are either prohibited from operating Veemo® velomobiles or required to adhere to a speed limit. Maps of Restricted Zones that identify applicable speed limits and no-riding zones are available on the Veemo® Touchscreen, App and Website. Maps of Restricted Zones may change from time to time at VMI’s sole discretion.
Schedules are documents that set out additional terms and conditions with respect to Services. Schedules form an integral part of the Service Agreement. The Fee Schedule is one example of a Schedule.
1.14. Service Agreement
The Service Agreement is between VMI and Member and includes the Service Terms, Service Schedules, Policies, Registration Form and other Veemo® documentation referenced herein.
1.15. Service Terms
The Veemo® Terms and Conditions consist of the Service Terms.
Services refer to services provided by VMI to Member, and include allowing the Member to reserve, access and rent Veemo® velomobiles.
1.17. Support Line
For any questions relating to membership, Veemo® velomobiles, the App or any aspect of Services, the Support Line can be reached by dialing (778) 806-8736.
Veemo® is the brand name for VMI’s three-wheeled motor-assisted cycles (i.e., velomobiles), as well as the brand name for VMI’s Services and supporting systems and capabilities.
1.19. Veemo® Touchscreen
The Veemo® Touchscreen is located inside the velomobile on the front console. The Veemo® Touchscreen allows Member to perform various tasks relating to its use of Veemo® velomobiles, including initiating a stopover or obtaining support.
VMI means VeloMetro Mobility Inc.
1.21. VMI Parties
VMI Parties means VMI, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives).
The Website URL is http://www.rideveemo.com. Documents that are referenced in the Service Terms and located on the Website are accessible via unambiguous links on the Website. For example, Policies, as defined in Section 12 below, shall be accessible via the “Policies” link on the Website.
2. VMI Membership
As a prerequisite to renting Veemo® velomobiles an individual must apply for status as a “Member” and be approved as such. Each Member has a unique account with VMI that governs all aspects of the individual’s use of Services. Member status is for an indefinite term, unless terminated in accordance with the Service Agreement. VMI reserves the right to establish and modify, via the Fee Schedule, a charge for obtaining or maintaining status as a Member. A Potential Member can apply to become a Member by completing and submitting a Registration Form. Registration Forms may be accessed and submitted through the App, Website or in person at Veemo® Service sign-up locations. The Potential Member must provide payment information such as a credit card number during the registration process. In addition to providing required personal information, the Potential Member will be asked to create a unique username, password and Access Personal Identification Number (“PIN”). Member must not make their username, password or PIN available to others and must not allow others to use its username, password or PIN to access the Veemo® velomobile.
A Potential Member must be nineteen (19) years of age to be considered for approval as a Member. Potential Member when applying to become a Member represents and warrants that information submitted by way of the Registration Form and any other information submitted relating to a membership account is complete and accurate. Such representations and warranties continue if and when Potential Member is approved as a Member.
VMI may validate membership information to verify continued eligibility for status as a Member. Validations of information may occur at any time without prior notice to Member. If the coopearation of a Member for such validation is required by VMI and the Member refuses to cooperate or delays in so cooperating, the Members membership may be revoked by VMI without further notice.
The Potential Member shall be notified via email regarding whether or not its application for membership is approved by VMI. VMI reserves the right to reject a membership application for any reason.
3. Member Use of Veemo® Velomobiles
This Part 3.0 of the Service Terms sets out the complete process for utilizing Veemo® velomobiles, from making reservations to ending the trip.
Veemo® velomobiles may be reserved for use by Member. Reservations can be made via the App. Reservations are non-mandatory, subject to velomobile availability and are treated on a first come, first serve basis. Reservations are limited in duration and expire if Member does not begin a Veemo® trip as scheduled. Member may cancel a reservation at any time without being charged. Following an expired or cancelled reservation, Member will be unable to reserve the same Veemo® velomobile for a period of time.
VMI reserves the right to refuse or cancel a reservation for emergency, safety, business, operational, technical or mechanical reasons or for any other reason whatsoever.
3.2 Beginning of Rental Period and Starting a Veemo® Trip
The Rental Period begins when Member locates a reserved or otherwise available Veemo® velomobile and unlocks its door using the App. Member can then proceed to begin a Veemo® trip by entering their PIN into the Veemo® Touchscreen.
VMI relies on its Members to ensure that Veemo® velomobiles are kept clean. VMI therefore cannot promise that each Veemo® velomobile will be clean and tidy at the beginning of a Rental Period and VMI does not take any responsibility in relation to any objects left in a velomobile by a previous user. If Member discovers an unclean velomobile at the start of its Rental Period or finds an object left by a previous, Member should immediately submit an incident report using the App, the Veemo® Touchscreen or by calling the Support Line.
Before operating the Veemo® velomobile, Member must:
1. Ensure that it is physically capable of safely riding the Veemo® velomobile;
2. Familiarize itself with the Veemo® velomobile and the Service Agreement; and
3. Inspect the interior and exterior of the Veemo® velomobile for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation (henceforth collectively referenced as “Veemo® Damage”). Member understands and agrees that if it does not completely and accurately report to VMI any Veemo® Damage already existing prior to the beginning of the Rental Period, that damage will be deemed to have occurred during the Member’s Veemo® trip.
3.3 Member Obligations when Operating a Veemo® Velomobile
Member must use Veemo® velomobile in accordance with all Laws and Private Property Rules as well as the terms of the Service Agreement. Member obligations include:
• Wearing protective cycling equipment, including but not limited to a cycling helmet, as required by applicable Laws;
• Operating Veemo® velomobiles safely and with care, operating defensively within speed limits, as applicable, and as permitted by local weather and environmental conditions;
• Operating Veemo® velomobiles exclusively within the designated Area of Operation;
• Taking all reasonable steps to keep the operated Veemo® velomobile roadworthy and reliable;
• Accepting responsibility for all parking arrangements, parking fees, traffic violation notices, parking violation notices (including from privately operate parking facilities), towing fees and toll fees received during Member’s Rental Period;
• Immediately informing VMI if a reserved or operated Veemo® velomobile is not roadworthy or reliable;
• Securing the operated Veemo® velomobile against theft, vandalism or improper use by others (including closing all windows and ensuring that all doors are locked when Member leaves the Veemo® velomobile during stopovers and at the end of a Veemo® trip); and
• Keeping the operated Veemo® velomobile clean and tidy.
Member is prohibited from:
• Operating a Veemo® velomobile while under the influence of alcohol or any other intoxicating substance. Even if Laws allow a higher consumption threshold, VMI adopts a strict no intoxication policy for operation of Veemo® velomobiles;
• Operating a Veemo® velomobile while not physically capable of safely doing so;
• Operating a Veemo® velomobile unless authorized by applicable Laws and / or qualified to ride or operate the Veemo® velomobile;
• Lending a Member account to any other person, using a Member account to provide another person with access to a Veemo® velomobile, or providing another person with access to a Member account or Veemo® Service under any circumstances;
• Using any hand-held electronic device while operating a Veemo® velomobile or engaging in any distracted driving;
• Using a Veemo® velomobile to transport flammable, poisonous or other hazardous or dangerous goods;
• Transporting any passengers;
• Transporting objects with the Veemo® velomobile that could (due to their size, shape or weight) adversely impact the operation of the Veemo® velomobile or that could damage a Veemo® velomobile;
• Using a Veemo® velomobile for towing;
• Using Veemo® velomobiles on any surface where Laws prohibit cycling;
• Using a Veemo® velomobile for any illegal activity, for an illicit or prohibited trade or transportation, to escape or avoid arrest or other similar police action, or in a race or speed test;
• Performing or authorizing repairs or any conversions of a Veemo® velomobile;
• Smoking or vaping any substance in a Veemo® velomobile, or allow others to do so;
• Letting any animal into a Veemo® velomobile, unless the animal is kept in an appropriate animal carrier or the animal qualifies as a guide animal for a person with a disability who accompanies the animal;
• Removing any equipment, materials or components from a Veemo® velomobile;
• Operating a Veemo® velomobile outside of a Area of Operation, and if this occurs, any such operation will be subject to an “Out of Area” charge, as prescribed by the Fee Schedule;
• Operating a Veemo® velomobile when Member status has been suspended or terminated; and
• Using a Veemo® velomobile in any manner that VMI considers dangerous, careless, improper, abusive or otherwise inappropriate, or as a means of committing any act of violence.
Member obligations with respect to Restricted Zones:
• Member must adhere to speed limit and no-riding designations of Restricted Zones; and
• If Member inadvertently enters a no-riding Restricted Zone, Member must immediately and safely exit the Restricted Zone while respecting the applicable speed limit.
Member can interrupt a Veemo® trip at any time without ending the Rental Period by stopping in a safe and legal parking area and using the Veemo® Touchscreen to indicate a temporary stopover. During a stopover, the Rental Period continues however the Veemo® velomobile is locked, parked and unusable to others. Member can then use the App to end a stopover, unlock the Veemo® velomobile and resume operation. Member should not end a Rental Period for the purpose of a temporary stop. If Member ends a Veemo® trip, another Member may reserve the Veemo® velomobile or the Veemo® velomobile may be placed out of service and will no longer be usable. Ending the rental period in lieu of a stopover may also cause Member to be subject to parking, towing or other fines if the Rental Period is ended while the Veemo® velomobile is parked in a location that is unauthorized, or where parking is only permitted during a limited time.
3.5 Incidents, Maintenance, Roadside Assistance and Support
If Member is involved in a collision, accident or any other incident while using a Veemo® velomobile (any of the foregoing hereinafter called an “Incident”) that involves damage to property or bodily injury to any person, immediately dial 9-1-1 and request assistance. If the police attend to the scene of an Incident, Member must remain at the Incident site until the police have finished making a record of the Incident and must take reasonable measures to conserve evidence and mitigate any damages. If Member is capable of so doing, Member must immediately report the Incident using the Veemo® Touchscreen, App or by calling the Support Line. After an Incident, Member may only continue a Veemo® trip with VMI’s explicit permission. VMI will e-mail Member an incident report form in the event of an Incident. Member must promptly fill out the report form and return it to VMI by mail or e-mail using the contact coordinates listed in Section 12 of the Service Terms.
If any of the Veemo® velomobile’s warning or indicator lights come on during the Rental Period or if the Veemo® velomobile is not operating properly, shows any signs of mechanical failure or is inoperable, Member should stop as soon as possible in a safe space and immediately notify VMI using the Veemo® Touchscreen, App or by calling the Support Line. Member should not continue to use the Veemo® velomobile if VMI advises that the Veemo® velomobile is no longer safe to operate.
Unless explicitly authorized by a VMI representative, in no circumstances is Member permitted to repair, attempt to repair, or authorized to instruct any other individual to repair or attempt to repair, a damaged Veemo® velomobile or otherwise alter a Veemo® velomobile in any way, including, for example, by changing a flat tire.
If Member has any questions regarding the operation of the Veemo® velomobile during a Rental Period, it may contact VMI using the App or the contact information set out in Section 12.
3.6 Ending the Veemo® Trip
Prior to ending a Veemo® trip, Member is responsible for ensuring that the Veemo® velomobile is in a clean and tidy state and that all of Member’s belongings have been collected. Member is responsible for cleaning the rented Veemo® velomobile before ending the Rental Period. If Member fails to abide by these requirements, Member will be charged for the full cost of cleaning the Veemo® velomobile in addition to a fixed fee, as prescribed by the Fee Schedule, to replace the Veemo® velomobile while it is pulled from VMI’s fleet for cleaning purposes.
To end a Veemo® trip, Member must park safely in a legal parking spot, press the “End Trip” button on the Veemo® Touchscreen and then exit the Veemo® velomobile to formally end the Veemo® trip. Member will have a few seconds to vacate the Veemo® velomobile and close the door before the Veemo® velomobile will become locked and available for others to use. At this time, the Rental Period will conclude.
Applicable application, initiation or ongoing fees associated with membership are set out in the Fee Schedule.
For each use of a Veemo® velomobile, Member must pay the applicable rental fee, as prescribed in the Fee Schedule, calculated on a per minute, per hour or per day basis depending on the relevant Rental Period, plus applicable taxes (“Rental Fees”). All Rental Fees begin to accrue when Member starts a Rental Period (see Section 3.2 above) and stop accruing when the Member stops a Rental Period (see Section 3.6 above).
Member may also be subject to other charges (“Other Charges”) including but not limited to:
- Account processing fees related to returned or rejected payments;
- Collection efforts due to non-payment;
- Processing of traffic violations, parking violations towing costs or toll charges;
- Veemo® damage fees incurred during a Rental Period (see Section 6.0 below);
- Cleaning and maintenance; and
- Out of Area charges.
All Rental Fees and some Other Charges are set out in the Fee Schedule and may change from time to time at VMI’s sole discretion, in accordance with the Service Terms. Some Other Charges are variable and cannot be predicted by VMI (for instance, cleaning fees and traffic violations). These Other Charges will be applied directly to Member’s credit card, as described in the next paragraph.
Member acknowledges and agrees that at the end of each day or otherwise as soon as possible, VMI shall calculate applicable Rental Fees and Other Charges and charge them to the credit card associated with the relevant Member account. Member must ensure that the credit card information associated with Member’s membership account is always up to date and Member has sufficient funds or credit available to cover any amount owing to VMI. All fees and charges incurred by Member are not refundable except as required by Laws.
VMI uses a third party payment processing company called Stripe Inc. (“Stripe”). In collecting payment, Stripe processes Member’s credit card transactions and obtains personal information from Member. Stripe provides some or all of the services from systems located within the United States. As such, Member’s credit card data (“card data”) and personal information will be transferred, processed and stored outside of Canada on servers in the United States, and may be subject to disclosure as required by applicable law. Stripe may provide VMI with information such as Member’s name, address, email address, credit card type, expiration date, and the last four digits of Member’s credit card number. This information is used only to make single payment requests, or register the Rider for an ongoing membership plan that requires automatic payments in the future. For more information on Stripe’s payment processing and security practices, please visit https://stripe.com/ca/privacy and https://stripe.com/ca/terms#section_a
If Member objects to personal information and card data being processed and stored in this manner, Member cannot use the Services. By registering for Services and providing valid payment, Member expressly consents to VMI’s use and disclosure of personal information and card data in the manner described in the Service Agreement.
Member authorizes VMI to place a credit reserve (or hold) with Member’s card issuer at the beginning of a Rental Period. The amount of a credit reserve represents an estimate of Rental Fees for an average Veemo® trip. Credit reserves are released when Member ends the Veemo® trip. Additional information relating to credit card holds is provided in the Fee Schedule.
Member is solely responsible for all credit card, banking, service, cellular, data or access fees or charges that Member incurs in relation to any payment to VMI, insufficient funds or Member’s use of the Services.
Member is responsible for the payment of all charges in any way incurred in connection with the use of a vehicle associated with Member’s account.
Member understands and agrees that it is responsible for checking, managing and updating its membership accounts, billing and payment information.
Although VMI inspects the mechanical condition of Veemo® velomobiles on a regular basis for safety purposes, Member understands, acknowledges and agrees that VMI does not and has no obligation to routinely inspect Veemo® velomobiles.
To the maximum extent permitted by Laws, VMI does not guarantee or warrant to Member the performance, availability, reliability, quality, uninterrupted use, security, pricing or operation of Services or the condition, safety or fitness of Veemo® velomobiles. VMI does not make any express or implied representation, warranty or condition (including warranties or conditions of title or non-infringement, merchantable quality or fitness for a particular purpose) in respect of Services. No advice or information, whether oral or written, obtained by Member from VMI’s agents or authorized representatives creates a term, condition, representation or warranty if it is not expressly stated in the Service Agreement. All other representations, warranties and conditions of any kind, express or implied are excluded from the Service Agreement.
6. Member Responsibility for Fines, Losses and Damages
Every Member has an obligation to pay VMI for any Veemo® Damage or theft of Veemo® velomobile, whether caused by the Member or otherwise, including, for greater certainty, as a result of a failure to safely park the Veemo® velomobile. This includes any damage caused by an Incident, vandalism, soiling, improper use of the Veemo® velomobile or Member’s non-compliance with the Service Agreement. Member is also responsible for VMI’s costs in temporarily replacing the damaged Veemo® velomobile during repairs or cleaning.
Member shall be responsible for paying all fines and other charges imposed according to applicable Laws and Private Property Rules on the Member or any Veemo® velomobile associated or as a consequence of the use of the Veemo® velomobile by the Member. VMI may collect such fines and charges from Member, plus any applicable administrative fee if VMI is required to pay any such fees or charges and collect them from the Member after the fact.
If Member receives any payment or compensation from another person (including the Member’s insurance provider or another person’s insurance provider) in connection with any damage, loss or theft of a Veemo® velomobile, Member must pay such funds to VMI. VMI will apply such payments to reduce and offset any amount that Member owes to VMI in connection with Veemo® Damage or theft.
7. Insurance Coverage
Although there is no legal requirement for the use of Veemo® velomobiles to be insured, VMI voluntarily maintains an insurance policy with its insurer which may provide coverage to Members for losses associated with use of Veemo® velomobiles (the “Insurance Policy”). VMI’s insurance policy can be requested by contacting VMI at the coordinates listed in Section 12 of the Service Terms.
VMI makes no representation as to the completeness and adequacy of the coverage, limits, deductions, exclusions or any other terms and conditions of the Insurance Policy. Member is solely responsible for reviewing the Insurance Policy, including the coverage, limits and terms prescribed therein. VMI does not act as Member’s agent in obtaining insurance coverage and assumes no responsibility for the actions of VMI’s insurer and its handling of any claim. It is up to Members to determine if they wish to carry any additional insurance coverage of their own, in which case they must make their own arrangements.
Member agrees to indemnify and hold harmless VMI Parties from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against VMI Parties, which result from or relate to the Services, Member’s use of the Services or other matters related to the Service Agreement.
9. Limitation of Liability
Member agrees that, to the maximum extent permitted by applicable law, VMI Parties’ liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount of ($100).
Other than the foregoing payment and to the maximum extent permitted by applicable law, VMI Parties are not responsible to anyone for any direct, indirect, special, consequential, incidental, economic, aggravated, exemplary or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly:
• To Services or any advertisements, promotions or statements relating to any of the foregoing, even if VMI Parties were negligent or were advised of the possibility of such damages;
• The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of Services;
• The condition, safety or fitness for use of Veemo® velomobiles;
• Any error or omission in the operation or management of any part of the Services;
• Any of Member’s lost, stolen or damaged personal items during a Rental Period;
• Any lost, stolen, damaged, or expired identifiers, passwords, codes, benefits, discounts, rebates, credits or promotions;
• The denial, restriction, suspension, disruption or inaccessibility of membership or Member’s participation in any part of the Services; and
• Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
These limits are in addition to any other limits on VMI Parties’ liability set out elsewhere in the Service Agreement.
10. Suspension and Termination of Memberships
VMI may immediately suspend or terminate the Service Agreement or Member’s membership status or Member’s ability to use any or all aspects of Services including the rental and use of Veemo® velomobiles at any time at VMI’s sole discretion for any reason whatsoever, including the following circumstances:
• If Member does not comply with any of the terms of the Service Agreement;
• If Member does not inform VMI about an Incident;
• If Member no longer has an active email address or mobile phone number;
• If Member does not maintain a valid and operational credit card in connection with Member’s Veemo® account or if Member does not pay any amount owed to VMI when due; and
• If VMI, in its sole discretion, believes that Member may be, or has been, involved in any criminal or otherwise improper activity, including, but not limited to, fraud in relation to the creation or use of membership accounts or using a Veemo® velomobile in furtherance of any illegal activity.
If VMI decides to terminate the Service Agreement and Member status, VMI will send Member a notification email to the email address that Member has associated with Member’s account. Member may also cancel the Service Agreement and Member status at any time. VMI requires that Member confirms cancellation in writing by sending an email to VMI using the contact information located in Section 11.
If membership or the Service Agreement is suspended, Member may have limited or no access to Services and limited or no access to certain App functionalities. VMI may re-instate Member’s membership or Member’s access to the Services if VMI is satisfied that the reason for the suspension no longer exists or at VMI’s sole discretion. Member is responsible for obtaining and providing to VMI any information that VMI may consider necessary or useful to determine whether the reason for a suspension has been resolved or eliminated. VMI may also decide to terminate a suspended membership and this Service Agreement at any time.
If membership or the Service Agreement is terminated, Member will not have access to Services and limited or no access to certain App functionalities. Even if the Service Agreement and / or membership have been suspended or terminated (regardless of the reason therefor), Member must still pay for any amount owed to VMI for Rental Fees and Other Charges, damages, indemnification and any other amounts owing under the terms of the Service Agreement.
Any unresolved dispute, controversy or claim arising out of the marketing, sale or provision of the Services by VMI or relating in any way to the Service Agreement shall be referred to and finally resolved by a single arbitrator to the exclusion of the courts. The arbitration shall be conducted pursuant to the Arbtration Act (British Columbia). The arbitrator shall be agreed upon by both
parties. The cost of the arbitration shall be shared equally by the parties. The place of the arbitration shall be Vancouver, British Columbia. By agreeing to arbitration, Member waives any right to commence or participate in any class action against VMI, to the extent the waiver of such rights is permitted by applicable law.
12. Contacting VMI
Member should address any written notification required by the Service Agreement to the email or mailing address listed below. Written notifications will not be accepted through the App or by other means of communication. The contact information also includes phone and fax numbers. VMI encourages Member to utilize any of these methods of communication to provide VMI with
feedback relating to all aspects of Services including Veemo® velomobiles and the App. Member can also provide feedback and contact VMI using the App.
Mailing Address: 1885 Franklin St.
Phone Number: 778-806-8736 [phone lines open from 9:00AM – 5:30PM Pacific Time]
Email Address: email@example.com
13. VMI Policies
From time to time, VMI may establish policies, rules and limits (collectively “Policies”) concerning the use of the Services, equipment and any products, content, applications or services used in conjunction with the Services. The Policies are incorporated into these Service Terms by reference. Policies are available on the Website or via the App.
14. Member Privacy
15.1 Entire Agreement
Veemo® Terms and Conditions
Version 1.2 - 2018-0130
The Service Agreement consists of the entire agreement between the parties. No promise, representation, warranty, or covenant not included in the Service Agreement has been or is relied upon by either party. Any prior agreements, negotiations, correspondence, or understandings related to the subject matter of the Service Agreement shall be deemed to be merged in the Service Agreement and shall be of no further force or effect.
Unless otherwise provided, all terms shall have the meaning given to them in the ordinary English usage and as customarily used. Words in any gender shall include both other genders. Whenever the context requires, the singular shall include the plural, the plural shall include the singular, and the whole shall include any part thereof. The headings in the Service Agreement shall not affect the interpretation of any provision of the Service Agreement. The words “including” and “includes” mean “including without limitation” and “includes without limitation”. Unless explicitly indicated otherwise, a reference to an “Article” and “Section”, refers to an article or section of the document forming part of the Service Agreement in which the reference occurs.
VMI reserves the right to make any amendment to the Service Agreement, including for greater certainty, changes to the Fee Schedule, from time to time and at VMI’s sole discretion. VMI will provide Member with written notice of amendments when they come into force. If Member continues to use Services after an amendment comes into force, Member will be deemed to have accepted the amendment.
VMI may transfer or assign all or part of the Service Agreement (including any rights in accounts receivable) at any time without prior notice or Member consent. Member may not transfer or assign any part of the Service Agreement or membership to any other person.
All terms and provisions of the Service Agreement, which should by their nature survive the termination of the Service Agreement, shall so survive.
15.6 No Waiver
The failure of VMI to exercise any right under the Service Agreement, or to insist upon strict or full performance of any obligation(s) under the Service Agreement, shall not constitute a waiver or relinquishment of any other occurrence or of any provision of the Service Agreement. In order to be binding upon VMI, any such waiver must be express and in writing signed by VMI. The rights of the parties under the Service Agreement are cumulative.
15.7 Consent to Receipt of Electronic Messages and Software Downloads
Member agrees to receive commercial electronic messages from VMI. Member agrees to receive software downloads from VMI, including all software downloads necessary for the App, to the extent that such downloads are reasonably necessary for the continued efficient operation of the Services.
15.8 Choice of Laws and Jurisdiction
The Service Agreement will be interpreted in accordance with the laws of the Province of British Columbia and the applicable laws of Canada without regard to the conflict of law rules that would require the application of different laws. Member submits to the exclusive jurisdiction of the courts of Vancouver, British Columbia.