Terms of Use

These terms and conditions of use (the “Terms of Use”) govern the website www.elbybike.com (the “Site”) that is owned and operated by Elby Limited Partnership (“Elby”, “we”, “us” or “our”). By using our Site and the information, products and services it offers (collectively, the “Services”), you agree to accept and be bound by these Terms of Use. We reserve the right to change, modify or amend these Terms of Use, or add or remove portions of our Site or Services from time to time. Your continued use of the Site and/or Services following such changes means you agree to be bound by the updated Terms of Use. We will post the current version of these Terms of Use on this page. Please check back often to see any changes or updates to the Terms of Use. IF YOU DO NOT WISH TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS OR OTHERWISE USE OUR SITE OR SERVICES.

Privacy

When you access or use our Site or Services, you may provide certain Personal Information to us. Our complete [Privacy Policy] can be accessed through the link provided on the home page to this Site. The Privacy Policy is incorporated herein by reference.

Not Intended for Minors

Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent by a parent or guardian to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Elby specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user. Elby will have no liability resulting from any use of our Site or Services by any Minor.

Payment

Our Site allows you to purchase Elby Services such as Elby bikes. We use the services operated by PayPal (“Payment Processor”) as a payment gateway for processing purchase orders. Our Payment Processor provides us with the necessary software and application programming interface (API) that allows users to submit orders and make purchases. Our Payment Processor will store payment information such as credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). We ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations. Our Payment Processor adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by us and our service providers. For more information, please see www.paypal.com/ca/webapps/mpp/ua/legalhub-full. When you make a purchase on our Site, you agree to pay, and authorize our Payment Processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in [CDN/US] Dollars and are non-refundable except as required by law. Elby is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.

Return Policy

You can return your purchased item within thirty (30) days from the date you receive your purchase. In order to process a return, you must email us at: info@elbybike.com or call us toll-free at: 844-866-3529, and comply with the following terms and conditions for a refund: The original packaging MUST be used – no substitutions – (hang onto your box!). Elby will arrange transport via a common carrier. You will be responsible for all shipping costs; the shipping costs will be deducted from the credit amount given. Once our Elby team receives the goods, we will perform a 30-point check and confirm receipt of return is in good working condition. Elby Bike must not be altered in any way or the return cannot be accepted. We will not issue a credit until Elby is in possession of the returned item. Refunds will be issued in about 2-3 weeks. Most refunds are fully refunded in 3-5 days after we receive and process your return. Refunds will be credited to your original method of payment.

Retailer Sign Up

Our Site gives companies the opportunity to become a part of the Elby family. If you wish to submit your company for consideration as an Elby retailer, we will require certain information from you in our “Become a Retailer” form. This will allow us to get to know more about your business so that an Elby team member can contact you to discuss the details. Please be advised that completing our “Become a Retailer” form does not mean that we have entered into any retailer agreement with you.

Content Rights

Except for public domain material, all content and material on and/or forming part of our Site and Services from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks, service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by Elby or its licensors. Content also includes any Content that users (including you) provide or make available through our Services and Site (“Client Content”). All rights not expressly granted to you in these Terms of Use are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by Elby, and shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except for your use as authorized in these Terms of Use, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Client Content

You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using our Site or Services. Transmission of such material shall constitute a material breach of these Terms of Use. Elby does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. By submitting Client Content to any area of the Site including through social media platforms, you grant Elby and our affiliates a royalty-free perpetual, irrevocable, transferable, non-exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You are solely responsible for all of your Client Content. You represent and warrant that you own all your Client Content, or have the necessary rights to grant us the license rights in your Client Content as described under these Terms of Use. You also warrant and represent that neither your Client Content, or the use and provision of such through the Services and the Site, nor any use of the Client Content by Elby on or through the Services and the Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Elby or the administrators of our Site and Services, in their sole discretion. You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.

Trademarks

The trademarks, service marks or logos displayed on this website (collectively, the “Marks”) are registered and unregistered trademarks of Elby or of our licensors. Nothing in these Terms of Use for this Site should be construed and granting any license to use any Marks without the express permission of Elby or the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our Site and Services.

Feedback

We welcome any feedback, comments and suggestions you may have to improve our Site and Services (“Feedback”). You can submit Feedback to us through our “Contact Us” page. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without restriction or compensation to you. Acceptable Use Policy We have established the following rules of use for our Services. You agree you will not: violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights; use the Site or Services for any commercial purpose or for the benefit of any third party on in any manner not permitted by these Terms of Use; remove any proprietary notices or labels on the Site or the Content; transmit any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our Site or Services; engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms of Use, or intentionally interfering with the Site, Services or our computer systems; collect, store, or attempt to collect or store, any personal information from the Site or Services of other users without their express permission; impersonate or misrepresent your affiliation with any person or entity; violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing. Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms of Use.

Disclaimers and Limitation of Liability

THIS SITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, ELBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. ELBY DOES NOT WARRANT THAT THIS SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELBY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL ELBY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELBY AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT, OR THE PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, EVEN IF ELBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify, defend and hold Elby and its respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable attorneys’ fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of this Site, the Services, and/or breach of these Terms of Use or your violation of any law or the rights of such third party.

Links to Third Party Websites

Like many other websites, our Site contains links to other third party websites, which are not governed by these Terms of Use. These links are provided for your convenience only. Please be aware that these third party websites are governed by separate terms of use and privacy policies. Elby and our affiliates are not responsible for the privacy practices of other third party websites. We encourage you to be aware when you click these links and leave our site. Your use of these third party links is at your own risk.

Termination

Elby reserves the right to, in our sole discretion, terminate or suspend your access to all or part of this Site, the Content and/or any products or services offered through the Services for any reason, including, without limitation, your breach of these Terms of Use.

Governing Law

These Terms and your use of our Site and Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario. Any cause of action or claim you may have with respect to these Terms of Use or our Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. Elby reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular internet address. If any provision of these Terms of Use is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Elby in connection with your use of our Site and Services.

Our Communication With You

Subject to providing your express consent evidenced by checking the box and opting in through our “Get News and Updates” section, or when you submit an inquiry or retailer application through our Site, you consent to receiving promotional messages and newsletters from us. If you choose not to opt-in (e.g. by not checking the box or otherwise providing express consent), the remainder of these Terms of Use will continue to apply to your use of this Site.

Information and Questions

If you have any questions, concerns, or suggestions regarding this Terms of Use, please contact us by filling out our form or calling us at the number found on the “Contact Us” page of the Site.