Terms & Conditions - BIXI | BIXI Montréal

TERMS AND CONDITIONS OF ACCESS AND USE FOR THE BIXI SERVICE

(the “T.C.A.U.”) 

Article 1
PURPOSE OF THE BIXI SERVICE AND THE T.C.A.U.

1.1      BIXI Montreal (the “Provider”) providers users with a self-service bicycle system (the “Service”).

1.2      The Service was established by the City of Montréal (the “City”) and is managed by the Provider.

1.3     These T.C.A.U. govern all access and use of the Service by a user.

Article 2
ORGANIZATION OF THE BIXI SERVICE

2.1      The Service is available from April 15 to November 15, inclusively, of each calendar year (each period constituting a “Season”).

2.2      The Service is comprised of bicycle stations (“Stations”), which include an automated pay terminal (the “Terminal”) and bike racks (“Bike Docks”). The stations are used to rent, stow, and lock the Service’s bicycles.

2.3      The Service allows users to rent a bicycle and return it to any of its Stations.

Article 3
ONE-WAY PASSES

3.1      One-way passes allow the user to borrow a bicycle without subscribing to the Service, by following the procedure described in Article 9 and paying the usage fees listed in Article 6.

Article 4
MEMBERSHIP PASSES

4.1      A membership, which is subject to a membership fee (see Article 4.2 and Article 5), allows the user to borrow a bicycle by following the procedure described in Article 10 and paying the usage fees listed in Article 7.

4.2      The Service includes several membership types, including:

4.2.1  Seasonal membership, with the user paying the subscription fee once per Season in accordance with the terms of these T.C.A.U. (“Seasonal Membership”),

4.2.2  Monthly membership, with the user paying the subscription fee on a monthly basis in accordance with the terms of these T.C.A.U. (“Monthly Membership” or “Memberships” if referred to collectively with the Seasonal Membership). 

4.3      Users who wish to purchase a Membership must open an account (by filling out the registration form on the bixi.com website or the BIXI mobile application), accept the terms and conditions of Service use, and enter their credit card information. Membership fees (see Article 5) will be charged to the credit card linked to the account when the user completes the registration form and clicks the “Register” button.

4.4      Memberships and the associated personal ID number are strictly personal and enable the user to utilize the Service according to the conditions described in these T.C.A.U.

4.5      The Provider may cease to make these Memberships available for sale, at any time and at its sole discretion.

Article 5
MEMBERSHIP FEE PRICES AND TERMS OF PAYMENT

5.1      Fees applicable to each Membership are determined by the Provider at its sole discretion and posted on the bixi.com website at https://bixi.com/en/pricing.

5.2      Seasonal Membership

5.2.1   The Seasonal Membership subscription fee is paid by the user once per Season. The initial membership fee is charged at the time the Seasonal Membership is purchased (see Article 4.3), and subsequent payments are charged to the credit card associated with the user’s account in the week prior to the start of each subsequent Season. The user pays the full membership fee from the first Season onwards, even if he/she purchases the Seasonal Membership after the Season has begun.

5.2.2   The user may cancel his/her Seasonal Membership, at any time, by visiting his/her personal space on the bixi.com website or on the BIXI mobile application or, as a second resort, by contacting customer service at 1-514-789-BIXI (2494) (24/7). Membership is terminated at the end of the Season covered by the last payment made before user cancellation in accordance with Article 5.2.2.

5.3      Monthly Membership

5.3.1   The Monthly Membership subscription fee is paid by the user monthly throughout each Season. The initial membership fee is charged at the time the Monthly Membership is purchased (see Article 4.3), and subsequent payments are charged to the credit card associated with the user’s account 48 hours prior to the end of each subsequent 30-day period until the end of the current Season (or the upcoming Season, if the user purchased the Monthly Membership prior to the start of the Season). The monthly membership fee payment then resumes from the first to the last day of each subsequent Season.

5.3.2   The user may cancel his/her Monthly Membership, at any time, by visiting his/her personal space on the bixi.com website or on the BIXI mobile application or, as a second resort, by contacting customer service at 1-514-789-BIXI (2494) (24/7). Membership is terminated upon the first of the following two events to occur: (i) the end of the 30-day period covered by the last payment made before user cancellation in accordance with Article 5.3.2, or (ii) the end of the Season in effect at the time the  user cancels his/her membership in accordance with Article 5.3.2.

5.3.3   In order to allow the user to utilize his/her Monthly Membership until the very end of a Season, the membership fee is deducted, at the full rate then in force (see Article 5.1), every 30 days until the last day of the Season. A user who wishes to prevent a membership fee payment with less than 30 days left in the Season may cancel their Monthly Membership by following the procedure described in Article 5.3.2 or, if the payment has already been deducted, by contacting customer service at 1-514-789-BIXI (2494) (24/7).

5.4      Memberships are accessible to Visa, Mastercard, and AMEX credit card holders.

Article 6
PRICES AND PAYMENT FOR SERVICE USE ─ ONE-WAY PASSES

6.1      One-way passes allow the user to borrow a bicycle for a rental fee determined by the Provider, at its sole discretion, as posted on the bixi.com website at https://bixi.com/en/pricing. The rental fee may include a flat fee and a per-minute fee. In addition, the rental fee may vary depending on whether the user is renting a regular bike or an electric bicycle.

6.2      With respect to the application of Article 6.1, any minute of Service use begun will be billed in full.

6.3      Preauthorization and Payment of Sums Due:

6.3.1   In all cases, the user acknowledges and agrees that, for each access pass, a $100 preauthorization will be held on the user’s credit card and that said preauthorization may take a certain amount of time to be released (in accordance with the policies of his/her banking institution).

6.3.2   The amount owed by the user is paid at the end of the Permitted Period of Continuous Use (see Article 8.1), by debiting the credit card used to purchase the Membership. If the Service was used multiple times during the use period, the cumulative amount owed by the user will be charged in one single transaction at the end of the Permitted Period of Continuous Use. If the credit card payment is refused, the amount owed will be directly deducted from the security deposit.

6.4      The user acknowledges and accepts that a preauthorization of $ 0.01 may occasionally be deducted and refunded to the user’s credit card for the purpose of verifying the latter’s validity.

Article 7
PRICES AND PAYMENT FOR SERVICE USE ─ MEMBERSHIP HOLDER

7.1      Membership allows the user to borrow a bicycle for a per minute rental fee determined by the Provider, at its sole discretion, as posted on the bixi.com website at https://bixi.com/en/pricing. The rental fee may include a flat fee and a per-minute fee. In addition, the rental fee may vary depending on whether the user is renting a regular bike or an electric bicycle.

7.2      With respect to the application of Article 7.1, any minute of Service use begun (beyond any initial included duration, if applicable) will be billed in full.

7.3      Statement of Chargeable Trips:

7.3.1   The amount owed for chargeable trips made in each four-week period (beyond the first 45 minutes for regular bicycles and from the first minute for electric bicycles) is charged to the credit card associated with the user’s account the following month.

7.3.2   At the end of each month, a statement of chargeable trips for each user will be available in PDF® format in the “BIXI Space” section of the bixi.com website.

7.3.3   In the event of a payment discrepancy, the user must provide the corresponding trip number to help identify the places and times the bicycle was rented and returned. The receipt obtained in accordance with Article 9.4, which includes the date and time of return, constitutes additional proof of the bicycle’s proper return.

7.4   The user acknowledges and accepts that a preauthorization of $ 0.01 may occasionally be deducted and refunded to the credit card associated with the user’s account for the purpose of verifying the latter’s validity.

7.5   The Provider may, at its sole discretion, allow a user holding a Membership to rent a certain number of additional bicycles (as determined by the Provider, at its sole discretion) when said user rents a bicycle through the BIXI mobile application, thus allowing the user to invite other persons to join him/her. The rental rate applicable to each of these additional bikes is the rate for one-way pass access (see Article 6.1). The user acknowledges that he/she is responsible to the Provider for compliance with these T.C.A.U. This includes ensuring the compliance of any person riding the additional bikes, particularly in cases involving damage to a bicycle or exceedance of the Permitted Period of Continuous Use (see Articles 8.1 and 12.5).

Article 8
CONTINUOUS USE AND AVAILABILITY OF THE BIXI SERVICE

8.1      Use of the Service is limited to a period of 24 consecutive hours, beginning at the time of the bicycle’s removal from the Bike Dock (“Permitted Period of Continuous Use”).

8.2      The data generated by the Service’s computer system will indicate and serve as proof of the length of time that the user had the bicycle in his/her possession.

8.3      During each Season, the Service is available 24 hours a day, 7 days a week, without interruption, except in the event of force majeure, adoption by the competent authorities of a limit on Service use or on cyclist traffic within City limits, or other circumstances in which the Provider, at its sole discretion, deems that it should not or is unable to provide the Service, including in weather conditions that may endanger the user.

8.4      Access to the Service is conditional upon the availability of bicycles at each Station. Users may check the Terminal or the BIXI mobile application to verify the number of bicycles and Bike Docks available at nearby Stations.

Article 9
TECHNICAL TERMS OF SERVICE USE ─
ONE-WAY PASSES

9.1      Terms and Conditions of Service Use

9.1.1   Users who wish to obtain one-way passes must accept the Terms and Conditions of Service Use and enter their credit card information at the Terminal or via the BIXI mobile application. A 5-digit unlock code will be generated.

9.1.2   Once the user has this 5-digit unlock code in his/her possession, he/she may choose any bicycle from the Station. However, if the user has obtained his/her 5-digit unlock code using a credit card (see Article 9.1.1), he/she will not be able to select an electric bicycle. 

9.1.3   The user enters the 5-digit unlock code, displayed on the pay station screen, on his/her BIXI pass or on the BIXI mobile application, on the Bike Dock keypad. When the light on the Bike Dock turns green, the user may remove the bicycle.

9.1.4   The user has 5 minutes to enter his/her 5-digit unlock code on the Bike Dock keypad, then has 15 seconds to remove the bicycle (the light will be yellow after the user has entered his/her 5-digit unlock code and validation is pending, then it turns green and flashes when the code has been accepted; an audible signal is also emitted when the light turns green). Otherwise, the Bike Dock will lock again, and the user will have to repeat the procedure described in Article 9.1.1.

9.1.5   To return the bicycle, the user must lock it into an available Bike Dock. An audible signal is emitted, and the light will go from yellow to green, confirming that the bicycle has been locked in place. If a red light appears and the Bike Dock emits a long noise, the bicycle has not been properly locked. The absence of a green light and an accompanying audible signal also indicates that the bicycle is not properly locked in place. The user must then repeat the procedure. Users are responsible for any bicycles that have not been properly locked. 

9.2      Bike Dock Malfunctions

If the light on the Bike Dock remains red and the bicycle cannot be returned, the user must return the bicycle to another available Bike Dock.

9.3      Bike Dock Unavailability

When returning a bicycle, users benefit from an additional 15-minute time credit when no Bike Docks are available at the Station of their choice. Users must select the “time credit” option on the Terminal screen and insert their credit card for identification purposes. This option may only be repeated twice (each attempt must take place at a different Station) and is not available via the BIXI mobile application. This service is free of charge to users.

9.4      Obtaining a Receipt

Users have the option of printing out a receipt, confirming that the bicycle has been properly returned. The location, date, and time of return will be indicated on the receipt. Users must use their credit card to identify themselves at the Terminal. Users may opt to print out a receipt that confirms the details of their last 10 trips at any time within the rental period. Users who have purchased their access passes via the BIXI mobile application may consult their trip details on said application or in the “BIXI Space” section of the bixi.com. website.

Article 10
TECHNICAL TERMS OF SERVICE USE ─ MEMBERSHIP HOLDER

10.1    Terms and Conditions of Service Use

10.1.1      The user rents a bicycle by generating a 5-digit unlock code using the BIXI mobile application. The user has 5 minutes to enter his/her 5-digit unlock code on the Bike Dock keypad. Users who have a BIXI key may also rent a bicycle by inserting their BIXI key into the Bike Dock reader.

10.1.2      Once the 5-digit unlock code has been entered on the Bike Dock keypad or the BIXI key has been inserted into the Bike Dock reader slot, the user has 15 seconds to remove a bicycle (the light will be yellow pending rental validation and will turn green when the bicycle is ready for removal; an audible signal is also emitted when the light turns green). Otherwise, the Bike Dock will lock again, and the user will have to repeat the procedure described in Article 10.1.1.

10.1.3      To return the bicycle, the user must lock it into an available Bike Dock. An audible signal is emitted, and the light will go from yellow to green, confirming that the bicycle has been locked in place. If a red light appears and the Bike Dock emits a long noise, the bicycle has not been properly locked. The absence of a green light and an accompanying audible signal also indicates that the bicycle has not been properly returned. The user must then repeat the procedure. Users are responsible for any bicycles that have not been properly locked.

10.2    Bike Dock Malfunctions

If the light on the Bike Dock remains red and the bicycle cannot be returned, the user must return the bicycle to another available Bike Dock.

10.3    Bike Dock Unavailability

When returning a bicycle, users benefit from an additional 15-minute time credit when no Bike Docks are available at the Station of their choice. The user must choose the “time credit” option on the Terminal screen and insert the credit card associated with his/her account or enter the 7-digit number of his/her BIXI key on the Terminal screen. This option may only be repeated twice (each attempt must take place at a different Station) and is not available via the BIXI mobile application. This service is free of charge to users.

10.4    Obtaining a Receipt

Users have the option of printing out a receipt, confirming that the bicycle has been properly returned. The date and time of return will be indicated on the receipt. The user must identify himself/herself at the Terminal by inserting his/her credit card or by entering the 7-digit number of his/her BIXI key on the screen. Users may opt to print out a receipt that confirms the details of their last 10 trips at any time within the rental period. Users may consult their trip details on the BIXI mobile application or in the “BIXI Space” section of the bixi.com website.

10.5    Subsequent Use

The Service may only be used for another consecutive period after a 1-minute wait.

10.6    Lost or Damaged BIXI Keys

A BIXI key that has been lost or rendered unusable by the user may be replaced at the latter’s request, upon payment of a lump sum of $15 to be charged to the user’s BIXI account.

10.7    BIXI Key Ownership and Transfer

The user’s BIXI key remains the property of the Provider and may not be transferred to anyone, in any manner whatsoever.

10.8    Lost BIXI Keys

Should a user lose his/her key, he/she must contact BIXI customer service to request key deactivation. Otherwise, any rentals made with the lost key are the user’s responsibility.

Article 11
PROMOTIONAL OFFERS

11.1    While under no obligation to do so, the Provider may propose promotional offers applicable to the Service. To the fullest extent permitted by applicable law, the Provider, at its sole discretion, will determine the terms and conditions applicable to promotional offers.

11.2    The terms and conditions applicable to such offers will be detailed on the bixi.com website or by another means of communication made available by the Provider.

Article 12
USER OBLIGATIONS

12.1    The user agrees to utilize the Service in a responsible manner, for the purposes for which it is intended, and in accordance with these T.C.A.U.

12.2    The user agrees to utilize the bicycle in a responsible manner, which excludes (without limitation):

12.2.1      Any use that is contrary to the provisions of applicable road traffic regulations and, more particularly, to the provisions of the Highway Safety Code;

12.2.2      Any use on terrain or in conditions likely to damage the bicycle;

12.2.3      Any use of the bicycle that endangers the user or third parties, including transporting any passenger in any manner whatsoever;

12.2.4      Any dismantling or attempt to dismantle the bicycle, including theft of the bicycle or any part thereof;

12.2.5      And, more generally, any improper use of the bicycle.

12.3    The user agrees not to exceed the maximum load that the bicycle can support. This load is 120 kg for the bicycle and 8 kg for the basket.

12.4    The user is responsible for the bicycles that he/she removes from the Bike Dock. The user must take every possible precaution to prevent the bicycle from being lost, damaged, or destroyed.

12.5    The user agrees to return the bicycle in good condition, to the exclusion of normal use, and to return it within the Permitted Period of Continuous Use. He/she agrees that any breach of this obligation will result in the payment of a penalty to the Provider, the exact amount of which is stipulated in Article 16.1 of these T.C.A.U.

12.6    The user agrees to immediately return the bicycle upon the Provider’s request.

12.7    Users who hold a Membership agree to use their account (and their BIXI key should they have one) only to identify themselves at a Station or vis-à-vis the Provider and to borrow a bicycle. Users who have purchased a one-way access pass agree that they will only use their BIXI pass to rent a bicycle.

12.8    The user agrees to report any problems related to the use of the BIXI pass, BIXI key, and/or bicycle to the Provider as soon as possible (within 24 hours at the latest). To do so, he/she must contact the Provider at 1-514-789-BIXI (2494). The user remains fully and entirely responsible for the bicycle until it is either secured in a Bike Dock or delivered into the hands of a Provider Representative.

Article 13
SUPPLEMENTAL TERMS AND CONDITIONS APPLICABLE TO ELECTRIC BICYCLE (E-BIKE) USE

13.1    Without limiting the application or scope of any other terms and conditions specified herein, the following supplemental conditions apply specifically to e-bike use:

13.1.1      The user declares that he/she is aware of the hazards associated with e-bike use and acknowledges that he/she uses the e-bike at his/her own risk and liability. The user entirely exonerates the following persons from any liability whatsoever: the Provider and its partners, agents, content providers, service providers, employees, officers, directors, and representatives (“Provider Representatives”), as well the City and its elected officials, employees, officers, directors, and representatives (“City Representatives”). The Provider, Provider Representatives, City, and City Representatives are hereinafter collectively referred to as the “Indemnified Parties.”

13.1.2      The Indemnified Parties are in no way liable for any damages suffered by the user or any third party. The user is solely and exclusively responsible for any bodily injury or property damage, suffered by said user or a third party, as a result of e-bike use. Without limiting the generality of the foregoing, the user waives the right to pursue all remedies, claims, demands, lawsuits, and/or other types of legal action against the Indemnified Parties and agrees to indemnify, protect, and hold the Indemnified Parties harmless from and against any and all remedies, claims, demands, lawsuits, and/or other types of legal action brought by any person as a result of such damages connected to the use of an e-bike. 

13.1.3      The user must adhere to the provisions of the Highway Safety Code applicable to e-bikes, specifically the requirements to (a) wear a compliant helmet, (b) respect the 32 km/h speed limit, (c) be at least 14 years of age, (d) hold the required licence (minimum class 6D) if the user is between 14 and 17 years of age (inclusive), and (e) refrain from riding on highways or their access ramps.

13.2    As regards the helmet, the user acknowledges that:

13.2.1      Wearing a compliant protective helmet is mandatory (see Article 13.2.3).

13.2.2      The helmet must be made of a hard shell, have internal padding, and be equipped with a strap that fastens under the chin.

13.2.3      To be compliant, the helmet must meet one or more of the following standards:

  • CAN/CSA-D113.2 (Canadian Standards Association)

  • 16 CFR Part 1203 (United States Consumer Product Safety Commission)

  • ASTM F1447 or ASTM F1898 (American Society for Testing and Materials)

  • EN 1078 (European Committee for Standardization)

  • B-90 and B-95 (Snell Memorial Foundation)

13.2.4      In addition to being illegal, a bicycle helmet that does not meet one of these standards may not provide adequate protection.

13.2.5      In the event of non-compliance, the user risks serious injury or even death, in addition to fines of $60 to $100 per infraction.

13.3    The motor may be manually deactivated, if necessary, particularly in the event of an emergency. Simply press the start button on top of the stem, in the centre of the handlebars, and hold it down for 5 seconds. The start button emits a flashing blue light when the motor is turned off. There is no need to turn the motor off after each use; it stops automatically after 5 minutes of non-use.  

Article 14
BIXI SERVICE USE RESTRICTIONS

14.1    BIXI passes and keys remain the property of the Provider. Users may not lend, rent, or give away their BIXI passes (or keys, should they have one in their possession) or use them for purposes that are contrary to the provisions hereof.

14.2    Users are expressly forbidden from allowing third parties to use the bicycle, which remains the property of the Provider, in any manner whatsoever, whether free of charge or against payment.

14.3    Minors under 14 years of age are prohibited from using the Service, whether they are accompanied or not.

14.4    Access to the Service is open to minors 14 years of age and older. Memberships and one-way access passes for minors must be purchased by their legal guardian and remain under the latter’s responsibility.

Article 15
USER RESPONSIBILITIES AND DECLARATIONS

15.1    The user is solely and exclusively responsible for any damage incurred as a result of the bicycle’s use, during the entire use period, including time that exceeds the Permitted Period of Continuous Use.

15.2    The parents or legal representatives of any minor who accesses the Service will be liable for any damage directly or indirectly caused by said minor as a result of Service use.

15.3    In the event of an accident and/or incident involving a bicycle, the user is obligated to report the facts to the Provider, by dialling 1-514-789-BIXI (2494), within 24 hours following the occurrence thereof. The user remains fully and entirely responsible for the bicycle, until it is either secured in a Bike Dock or delivered into the hands of a Provider Representative. If the bicycle is not secured to a Bike Dock or delivered by hand, the user must otherwise secure it.

15.4    In the event that a bicycle under the user’s responsibility disappears, the user is obligated to: (1) report its disappearance to the Provider, by dialling 1-514-789-BIXI (2494) (open 24/7), within 24 hours following the event’s occurrence and (2) report the theft to the City police department within 48 hours of the event’s occurrence. The user remains fully and solely responsible for the bicycle until a copy of the police report is delivered to, and received by, the Provider (see Article 22 for the Provider’s address and contact information).

15.5    Any rentals exceeding the Permitted Period of Continuous Use (see Article 8.1) will be deemed to be a disappearance of a bicycle until such time as the bicycle is found or returned and could lead to the penalty outlined in Articles 12.5 and 16.1.1.

15.6    The user declares that he/she can ride a bicycle and that his/her physical condition meets the necessary requirements for bicycle use.

15.7    The user acknowledges that he/she is solely responsible for respecting bicycle traffic regulations and deciding whether or not to wear a bicycle helmet for safety purposes, except in the case of e-bike use (see Article 13).

15.8    The user declares that all information pertaining to him/her is accurate and, more particularly, that he/she meets the conditions set forth in these T.C.A.U.

Article 16
FINES

16.1      Should a user fail to comply with his/her obligations hereunder, the Provider will charge him/her the following fines:

16.1.1   Disappearance of a bicycle in contravention of Article 12.5: $1,000;

16.1.2   The cost to repair any bicycle damage attributable to the user: the lump sum amount will be based on the extent of damage incurred.

16.2      The total amount of the fine (see Article 16.1) is due upon the Provider’s initial request, once it has been determined that the user is in breach of his/her obligations hereunder.

16.3      If a bicycle disappears or is stolen, the Provider will collect the amount of the security deposit, previously agreed to by the user, and will reimburse any excess amount collected in relation to the amounts set forth in Article 16.1 within 30 days.

Article 17
CHANGE IN RELATIONSHIP WITH THE CREDIT CARD ISSUER

17.1      The user agrees to report any change in relationship with the issuer of associated credit card during the Membership validity period, as such changes may affect debit authorizations granted by said issuer. Notwithstanding the foregoing, the user hereby authorizes the Provider to contact his/her credit card issuer in order to update any information needed to charge said credit card.

Article 18
PERSONAL INFORMATION

18.1      In connection with Service provision, the Provider collects, uses, and discloses certain Personal Information (as defined below).

18.2      Unless otherwise indicated, the collection, use, and disclosure of the user’s Personal Information in the context of Service provision are governed by Article 18. Article 18 supplements the terms and conditions of use of the BIXI mobile application (the “Application”) whenever the user utilizes certain features of the Application. However, Article 18 does not apply to the Personal Information collected, used, or disclosed while browsing the www.bixi.com website (the “Site”). For more information on the protection of Personal Information during such uses, please consult the Site’s Privacy Policy.

18.3      For the purposes of these T.C.A.U., the term “Personal Information” means any information about an identifiable individual or any information allowing an individual to be identified. In connection with the Membership and/or its use under these T.C.A.U., the information that the Provider collects directly from the user includes:

18.3.1   Personal Information associated with the user’s account such as the user’s name, physical address, mailing address, and telephone number;

18.3.2   Geolocation data. For example, the Provider gathers information about the user’s geographic location in order to inform Stations located in the vicinity of the user’s location; and

18.3.3   Data about how the user uses BIXI bicycles, such as geolocation data, routes taken, and the rental status of bicycles.

When the user purchases a Membership, the Provider’s online payment providers collect certain personal information such as payment data (e.g., payment card number, CVV code, and expiration date). The Provider does not have access to this information, which is encrypted and used by online payment providers in compliance with the PCI-DSS standard. Information thus collected is kept on servers that may be located outside Canada, particularly in the United States.

18.4      Insofar as possible, the Provider will obtain Personal Information directly from the user, with the user’s consent. However, the Provider may collect Personal Information from third parties when the user consents to such collection or if permitted by law.

18.5      The Provider collects Personal Information through various methods, particularly when the user purchases a Membership via the Site, uses the Service, or contacts the Provider. The Provider mainly uses such Personal Information for the following purposes:

18.5.1   To provide the Service, including managing the user’s account and travel history;

18.5.2   To identify the user’s location solely for the purposes of managing the Service;

18.5.3   To monitor, locate, and maintain BIXI bicycles and prevent the theft thereof;

18.5.4   To receive payment for Memberships;

18.5.5   To communicate with the user about the user’s account and provide customer service to the user in a timely manner when necessary;

18.5.6   To improve the quality of the Service;

18.5.7   To verify proper use of the Service;

18.5.8   Any other purpose that the Provider may identify from time to time and that is permitted by law.

18.6      Only staff members of the Provider whose duties so require and the Provider’s partners and service providers (e.g., providers of hosting and online payment services) will have access to the Personal Information gathered hereunder, to the extent that such access is required for the purposes listed in Article 18.5 above. The Provider may also make this Personal Information accessible to third parties to comply with a law or court order.

 18.7     The Personal Information collected hereunder is housed on secure servers that may be located outside of Québec, particularly in Canada or the United States. In this case, the Provider may require commitments regarding the protection of personal information from its partners and service providers.

18.8      The Provider will keep Personal Information collected under these T.C.A.U only for the time necessary for the purposes listed in Article 18.5 above and to comply with its legal and regulatory requirements. After this time, the Personal Information will be destroyed or anonymized.

 18.9      The Personal Information collected hereunder will be kept confidential in accordance with applicable laws. Furthermore, reasonable administrative, technical, and physical measures will be taken to protect the Personal Information from loss, theft, and unauthorized access or use.

  • Under applicable law, users whose Personal Information is collected, used, or disclosed hereunder have certain rights, such as the right to the protection of the confidentiality of their Personal Information, the right to access and correct their Personal Information, and the right to withdraw their consent to the disclosure or use of their Personal Information.

  • For more information about the protection of Personal Information or to exercise any of the rights described in Article 9 above, users may contact the Provider using the contact information provided in Article 22.

Article 19
INTERPRETATION AND T.C.A.U. ASSIGNMENT

19.1      The user agrees to comply with this T.C.A.U. The user understands and agrees that breach of these T.C.A.U. may result in their termination. No rights or privileges arising from these T.C.A.U. may be assigned by the user to anyone else, in any manner whatsoever.

Article 20
MODIFICATIONS

20.1      The Provider may modify these T.C.A.U., in whole or in part, at any time. Any such modification will be communicated to the user in writing, by electronic means, at least thirty (30) days before taking effect. The notice will present the new or amended article(s), the previous version of the amended article(s), the modification date, and the consumer’s rights in the event that he/she does not accept the modification(s).  If modification involves an increase in the user’s obligations or a decrease in the Provider’s obligations, the user may reject the modification and terminate these T.C.A.U., without charge, by sending the Provider a notice to this effect no later than 30 days following the modification’s entry into force. Use of the Service after the modification’s entry into force implies user acceptance of the new or amended T.C.A.U.

Article 21
TERMINATION

21.1      The Provider may terminate these T.C.A.U., as well as any Membership issued under these T.C.A.U., by sending the user written notice at least 60 days prior to the date of termination. In the event that the user breaches any of its obligations or representations hereunder, the Provider may immediately terminate these T.C.A.U., as well as any Membership issued under these T.C.A.U., without notice.

21.2      The user may terminate these T.C.A.U. by cancelling his/her Membership in the manner provided for in Article 5.

Article 22
PROVIDER’S CONTACT INFORMATION

Contact information for the Provider (BIXI Montréal):

  • Mailing address: 5945, Avenue de Gaspé, Montréal, Québec, H2S 2X4
  • Phone: 1-514-789-BIXI (2494) & 1-877-820-2453 (24/7 customer service)
  • Fax: 1-514-633-5688
  • Email: info@bixi.com
  • Website: com

Article 23
APPLICABLE LAW AND DISPUTE RESOLUTION

23.1      Any dispute related to these T.C.A.U. will be submitted to the courts of competent jurisdiction in the district of Montréal, in the Province of Québec, to which the Parties expressly attribute jurisdiction. These T.C.A.U. are subject to the applicable laws of the Province of Québec.

Article 24
LIMITATION OF LIABILITY

24.1      The user, as well as any other person or entity, acknowledges that the Provider, Provider Representatives, City, and City Representatives are not liable for any indirect, punitive, exemplary, circumstantial, or special losses or damages (including, without limitation, damages for pain and suffering, emotional distress, or similar damages; business interruption; damage to reputation; loss of information; loss of profits; loss of income, loss of wages; or any other compensation) resulting from Service use, even if the Provider (or any Provider Representative) or the City (or any City Representative) has been informed of the potential for such loss or damage or if such loss or damage was foreseeable.

Article 25
INDEMNITY

25.1      The user indemnifies and holds the Indemnified Parties harmless from and against any claims brought by third parties resulting from (a) his/her use of the Service, including—but not limited to—damage to persons or property, personal injury or death caused by the user, (b) any breach of these T.C.A.U. by the user, and/or (c) any breach of these T.C.A.U. by a person using a bicycle rented by the user pursuant to Article 7.5. The user acknowledges that the Indemnified Parties have no liability in connection to any such claim and agrees to hold the Indemnified Parties harmless from and against any and all resulting losses, damages, judgements, awards, costs, expenses, and legal fees arising out of these T.C.A.U.

Article 26
ENTRY INTO FORCE

26.1    These T.C.A.U. Will enter into force on March 15, 2022.

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