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This document, together with the information contained herein or provided through the app’s features, (the “Agreement”) constitutes an agreement made between you (“you”) and BIXI MONTRÉAL (“BIXI”) concerning your use of the features (the “Features”) accessible through the BIXI MOBILE app (the “App”). Please read all of the following terms and conditions carefully before using the Features. By using or accessing the Features, you agree to all the terms and conditions stated in this Agreement. Your access and use of the Features will be subject to the version of the terms and conditions of this Agreement that were in effect at the time of your use. If, at any time, you do not or cannot agree to the terms and conditions of this Agreement, you must stop accessing or using the Features and uninstall the Application.
Subject to your full compliance with this Agreement, BIXI grants you the non-transferable right to access the Features and use them as a tool to use the BIXI bike-share system (the “System”). The Features can be used to (i) locate bicycles and stations used in the System, (ii) monitor your usage and the account statements and invoices generated by the System; (iii) access your System user account and the related notification systems; (iv) purchase or renew a membership to the System; (v) rent bicycles through the System; (vi) access maps and generate itineraries; and (vii) access the promotions, loyalty programs or rewards programs that are occasionally offered through the System. This Agreement does not apply to your rental and use of the bikes; it applies solely to your access and use of the Features (for more information, see the next section, “This Agreement is not the agreement that governs the use of the System”).
While BIXI tries to provide you with the most accurate information at its disposal, all information provided through the Features is provided to you for your convenience only, without any warranty whatsoever regarding its accuracy, completeness, timeliness, availability or quality. Without limiting the generality of the preceding sentence, it is possible that the Features provide incorrect information regarding the available bicycles or docks, your billing information, the bike rental timer, or any map or itinerary, and that such incorrect information causes you inconvenience. You hereby release BIXI from any liability resulting from such inconveniences.
When using the System for the first time, you shall enter into a separate agreement with BIXI (the “Terms and Conditions of Access and Use of the BIXI Service”). That is the agreement that shall govern your use of the System, including bike rental and use. The Terms and Conditions of Access and Use of the BIXI Service can be viewed here.
You agree to not permit any third party to use or access the Features on your mobile device. Without limiting the generality of the foregoing, you may not lend, rent or assign any digit personal ID number generated by the System to unlock a bicycle (the “Personal Code”), which is the property of the operator, to a third party or use the Personal Code for purposes which are contrary to the provisions of this Agreement. You hereby release BIXI of any and all liability pertaining to a third party’s use of the Features (i) on your mobile device, or (ii) through your Personal Code.
The Features are made available to you free of charge for use on your mobile device. By entering into this Agreement and accessing and using the Features you represent and warrant that:
As a condition to your use of the Features, you agree not to:
(a) access or use any non-public areas of the Features or BIXI’s computer systems;
(b) attempt to probe, scan, or test the vulnerability of the Features or any related system or network or breach any security or authentication measures used in connection with the Features and such systems and networks;
(c) attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Features;
(d) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing;
(e) provide any incorrect payment information or payment information belonging to a third party;
(f) use the Features in an abusive way contrary to its intended use, to its documentation or to BIXI’s reasonable instructions; or
(g) impersonate or misrepresent your affiliation with any person or entity.
BIXI will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. BIXI may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although BIXI has no obligation to monitor your access to or use of the Features, it has the right to do so for the purpose of operating the Features, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.</span
All right, title, and interest in and to the Features are and will remain the exclusive property of BIXI and its licensors. The Features are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Features.
In order to use and benefit from certain Features, you must register for an account with BIXI and provide certain information about yourself as prompted by the account registration form.
This information shall be treated in accordance with the privacy provisions of the Terms and Conditions of Access and Use of the BIXI Service. The Terms and Conditions can be viewed here.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE FEATURES IS ENTIRELY AT YOUR OWN RISK. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BIXI MAKES NO WARRANTY OR REPRESENTATION REGARDING THE FEATURES, INCLUDING THAT THE FEATURES WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE FEATURES ARE SECURE AND FREE FROM FAULTS, DEFECTS, VIRUSES OR ANY OTHER HARMFUL CONTENT, THAT THE FEATURES WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. BIXI PROVIDES THE FEATURES “AS IS” AND “AS AVAILABLE”.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BIXI’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BIXI AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, COMPUTER VIRUS OR ANY OTHER DAMAGE TO YOUR MOBILE DEVICE, YOUR COMPUTER NETWORK OR YOUR OTHER PROPERTY, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE FEATURES, WHETHER FORESEEABLE OR NOT, AND EVEN IF BIXI HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT BIXI IS FOUND LIABLE TO PAY YOU ANY DAMAGES, BIXI’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. IF THE APPLICABLE LAW PROHIBITS THE LIMITATION OR EXLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless BIXI, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Features.
No failure or delay by BIXI in exercising any right or privilege under this Agreement will operate as a waiver thereof nor will any single or partial exercise thereof preclude any other or future exercise of any right or privilege hereunder.
BIXI may terminate this Agreement and cancel your access to the App and the Features at any time and for any reason. BIXI shall give you a reasonable prior notice of this termination unless such termination is caused by your non-compliance with this Agreement or the law.
This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable therein (without giving effect to its conflict of laws rules). Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
This Agreement is the entire and exclusive agreement between BIXI and you regarding the Features, and this Agreement supersedes and replaces any prior agreements between BIXI and you regarding the Features.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of BIXI which consent is within BIXI’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. BIXI shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and BIXI.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
If you have any concern, question or complaint regarding this Agreement, please contact BIXI at:
By phone: (514) 789-2494 between 9AM and 5PM, Standard Eastern Time
By mail: BIXI MONTRÉAL
5945 av. De Gaspé
By e-mail: email@example.com
This Agreement was last updated on February 18, 2021.