Customer Service
Last Update: September 24, 2026
4. Using the App and our Services
7. Consumer cancellation rights for subscriptions
12. Network Access and Devices
13. General
14. Applicable Law and Disputes
- INFORMATION ABOUT US
- THESE TERMS
- YOUR LEGAL CAPACITY TO ACCEPT THESE WATERLOO REGION TERMS
- SERVICES
- RULES
- RENTAL
- PRIVACY
- CHANGES TO THE SERVICES
- ACCESSING THE SERVICES
- YOUR ACCOUNT AND PASSWORD
- YOUR LICENCE TO USE THE PLATFORM
- GROUP RIDES
- PAYMENT
- PROMOTIONAL CODES
- PASSES
- INSURANCE AND LOSS
17. DAMAGED, LOST, OR STOLEN VEHICLES
18. OUR INTELLECTUAL PROPERTY RIGHTS
19. LIMITED LIABILITY AND WARRANTY; ASSUMPTION OF RISK AND WAIVER
20. INDEMNIFICATION
22. LINKING TO US
23. THIRD-PARTY LINKS AND RESOURCES
24. SEVERANCE
25. SEVERAL USERS
26. WAIVER
27. TERMINATION
28. FORCE MAJEURE
29. ASSIGNMENT
30. GST
31. GOVERNING LAW AND JURISDICTION
33. LANGUAGES
34. PARTIES BOUND
35. CONTACT
CANADA
THANK YOU FOR CHOOSING LIME!
1. Contractual Relationship
Lime is pleased to offer you access to its shared micromobility offerings subject to the important terms and conditions of this User Agreement, including any additional terms or service-specific policies incorporated by reference herein (collectively, the “Terms”). These Terms govern your access and use of Lime products and/or services (collectively, our “Services”), so please read them carefully and make sure that you fully understand and agree to be bound by them before accessing and using the Services. BY PROCEEDING, YOU CONFIRM YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ACKNOWLEDGE THAT THEY AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT WISH TO REVIEW, OR DON’T UNDERSTAND, OR DON’T AGREE TO BE BOUND BY THE TERMS, YOU WILL NOT ACCESS OR USE THE SERVICES.
IMPORTANT: For Services provided within the Regional Municipality of Waterloo, the terms of the entire agreement is contained solely in the Waterloo Region Terms set out in Schedule A.
The Services are offered by Lime Technology, Inc.; email: [email protected]) (hereafter, “Lime”, or “we”, “us”, or “our” depending on context). By using our Services (including, but not limited to, creating a user account, using the Lime App, registering for certain Lime product and pricing promotions or subscriptions, and accessing and using the Lime vehicles and services), you represent and warrant that you are of legal age to enter into binding contracts and agree to these Terms. In addition to your own personal capacity, you also represent and agree that you have the necessary authority to agree to these Terms on behalf of any other party(ies) that access and/or use the Services through your account (e.g., for group rides), and on behalf of an entity you’ve included in your user account registration.
By accessing and utilizing the Services, you acknowledge that you have agreed to comply with the Terms as a condition of your use of the Services. Lime reserves the right to amend these Terms from time to time, and the revised version is effective as soon as you have expressly accepted it in the Lime App. By continuing to access or use the Services after that date, you agree to be bound by the revised version.
The Terms, as Lime may amend from time to time, expressly supersede any prior agreements or arrangements we may have with you. You remain free to stop using the Services at any time, and Lime reserves the right to terminate these Terms or your access to and use of any of the Services at any time, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion. If you disagree with, or wish to challenge, any such termination or cessation by us, please contact us at [email protected] with the relevant details.
Specific terms covering subscriptions to our Services are set out below. They outline additional notice periods that you are entitled to before we make any changes to pricing or other important subscription terms.
Please note that the cities in which you use our Services may also have additional requirements, including about safety and personal protective equipment not provided by Lime, that you need to comply with to use our Services – please check this list to see if there are any for your home city or other cities where you use our Services.
2. What Lime Offers
The “Services” include the Lime mobile application (the “App”), access to and use of Lime’s electric bikes, electric scooters, electric gliders, adaptive vehicles, and related equipment, such as helmets, child seats, passenger kits, and other accessories (where applicable), innovative features or functionality that Lime may deploy on or through its App or the electric vehicles, as well as our websites, personnel, customer support, and any other information, technology, or services we make available.
We are not a common carrier; our Services are offered as a convenience for qualified users that agree to be bound by the terms of this Agreement. If you do not wish to be bound by these terms, alternative transportation options are available to the public. For clarity, when we refer to “Products” in these Terms, we mean the physical items that are part of or otherwise made available to you by Lime in Lime’s offering of the Services, such as Lime’s bikes, scooters, gliders, helmets, and any other Lime-branded equipment.
Certain Products, accessories, or features described in these Terms (including child seats, passenger kits, or certain vehicle types) may not be available in all markets or on all vehicles. Availability may vary based on local regulations and operational considerations.
3. Lime User Account
3.1. Account Set Up
In order to use most aspects of the Services, you must register for and maintain an active personal user account, which requires a valid debit or credit card or other approved payment method with expiration date and billing postal code as well as other requested information depending on the Service (for example, a driver’s license is required for some Products in some jurisdictions). The provision of this information is necessary in order to provide the Services to you. Alternative account creation and payment methods are available for some of our Products and Services if they are available in your area, such as LimeAccess. The information that you provide to Lime must be true, accurate, complete in all respects, and must be updated as necessary to remain true and accurate. If applicable, create a username and a strong password and don’t share either with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let us know immediately if you suspect unauthorized use of your account.
3.2. A Note on Fraud
We take it seriously, both for your protection and ours. You may only use a payment method that you have the legal right to use and you authorize us to charge any payment method you designate for any charges you incur. If we suspect that any information you’ve provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account upon notice until the issue is resolved. During that time, you will lose access to some or all of our Services, either temporarily or permanently.
3.3. Contact Information and Notices
Lime may provide notices to you (including about fees, charges, account actions, or updates to these Terms) through the App or, where available, through the contact information associated with your account. Notices are deemed received when made available to you.
4. Using the App and our Services
This section describes how the Services function and how you access and use them.
4.1. Service Reservation
Once your account is properly set up, you can use the Lime App to locate, reserve and rent our available Products. Please understand that for supply and related reasons, Lime reserves the right to accept or reject reservation requests, and the receipt of a reservation confirmation does not constitute an acceptance or a confirmation of Lime’s offer or ability to make the Services available in any particular instance. Your access to and use of Lime’s Service is not confirmed unless and until a ride begins. If your reservation via the App is rejected after your request, you’ll receive the applicable refund if your payment method was actually charged.
The pricing for Products that you reserve will be displayed in the App before you begin your trip. If pricing in the App turns out to be incorrect for any reason, we reserve the right to cancel or reject a corresponding reservation and will issue you the applicable refund.
4.2. Using the Services / App Instructions
You agree to abide by all Lime instructions and warnings provided, including the safety and use rules set out in these Terms. As a condition of your participation in and access to the Services, you further agree to comply with all applicable laws and regulations at every level, including all applicable federal legislation, provincial and territorial statutes and regulations, and all applicable city bylaws and municipal ordinances relevant to your use of the Products and Services in the city or municipality in which you are riding.. Your failure to do so may result in fines or suspension or termination of your account.
4.3. Group Rides
For some vehicle types, the Services may allow you to start a “Group Ride,” and have your guests access Products. A Group Ride allows the rental of multiple separate Products through your account; it does not permit multiple riders or passengers on the same Product except where expressly permitted under these Terms. For information on Passenger Kit or Child Seat equipped Products, see “Passenger Kits” and “Child Seat” sections below.
To use this feature, you are responsible for ensuring that each of your guests personally read and agree to be bound by the Terms and read our Privacy Notice. You are fully responsible for (1) ensuring that all of your guests are at least 18 years old (or other legal age of majority), (2) any damages and injuries that occur during the Group Ride that are caused by you or your guests, (3) only allowing one guest per vehicle, (4) paying for all of the fees that occur in connection with your Group Ride, and (5) you are legally responsible for all of your guests’ activity as if it was your own, as permitted by applicable law. Your guests who access Products are express and intended third-party beneficiaries of these Terms, and shall be bound by these Terms.
4.4. Product Testing Participation
We continually try to improve our Products and Services. From time to time, you may be randomly selected to participate in testing new features, services, vehicles, or technologies. By using our Products and Services, you agree that you may be selected without prior notice to test a product or feature, and that your experience may differ slightly from other users as a result.
5. Safety and Use Rules
This section sets out the rules governing the safe and proper use of the Services and the Products.
5.1. Age and Eligibility
You must be at least 18 or legal age of majority if different.
Notwithstanding the above, if you are using the Services in a location where Lime’s local rules and regulations (as stated in the App) permit persons under the age of majority in their region of residence to use the Services, you represent and certify that you meet the minimum age requirements applicable in that location (as specified in the App), and in any event are at least 16 years old. Any use of the Services below the applicable minimum age is strictly prohibited.
If you are under the age of majority but meet the applicable minimum age requirements, in order to use the Services in a location where Lime’s local rules and regulations permit this:
- You certify that you fully comprehend the nature of the Services and the inherent risks in using the Services;
- You certify that you have consent from your parent or legal guardian to enter into these Terms;
- Your parent or legal guardian must review these Terms, and you must obtain your parent’s or legal guardian’s acceptance of these Terms and their agreement to be your guarantor by taking responsibility for your actions, any charges associated with your use of the Services and your acceptance of these Terms;
- You must not access or use, and you must immediately stop accessing and using the Services if you do not have consent from your parent or legal guardian as set out above.
If you are a parent or legal guardian of a person who uses the Services and is under the age of majority in their state or territory of residence, and you allow them to use the Services, then these Terms apply to you and you are responsible for their activity on the Services.
5.2. Requirements to Use Lime Products and Services
- You are prohibited from access to and use of the Lime Products or Services while under the influence of alcohol, drugs, or any other substance that could hinder your ability to operate a vehicle safely. You acknowledge and clearly understand that electric scooters are subject to the Criminal Code of Canada, as amended by Bill C-46, and that use of the Services or Products while impaired by alcohol or drugs — or a combination thereof — is a criminal offence punishable under federal law, regardless of the speed or mode of operation of the vehicle. This prohibition applies in addition to applicable provincial and municipal impaired driving or road safety laws. If, despite this prohibition, common sense, and local laws and regulations, you choose to operate Lime’s Services or Products while impaired, you acknowledge and agree to assume all risks associated with or arising out of your use of Lime’s Products or Services, and you hereby expressly waive any and all claims arising out of your use of Lime’s Services or Products and assume all risks, to the extent permissible by applicable law.
PLEASE NOTE: At certain times, locations, or in compliance with local regulation, laws, or ordinances, the Lime App may remind you of this prohibition against impaired use of the Lime Products or Services by displaying the notice, below. You expressly acknowledge that you are not impaired and understand and agree to be bound by this prohibition against the impaired use of Lime Products and Services.
Don’t ride under the influence. It is dangerous to yourself and others, often illegal, and a breach of Lime’s User Agreement. Don’t do it. By proceeding, you confirm that you have not been drinking/taken drugs, and expressly waived and released all claims and agreed to cover all damages arising out of this ride to the extent permissible by applicable law as set forth in the User Agreement. - Our Services rely on technology, including wireless networks and mobile devices, so occasional delays or latency may occur based on your connection, location, or device performance. Such brief delays are normal and not considered service faults.
- Our vehicle Products are all electric Products and are subject to availability (as the rest of our Products, generally). We don’t have unlimited amounts of electric Products and they aren’t always available. This goes for our other Products too.
- You are able to operate our Products in a competent and safe manner and confirm that:
- You know how, and are physically able, to use our vehicles safely and with care.
- You will not use a vehicle if you have a condition that affects your ability to ride safely (e.g. impaired balance).
- You will not carry any items unless properly and safely secured in a vehicle basket or Lime-provided cargo solution, where available, and you will not carry any passengers except as expressly permitted under these Terms.
- You will not use any mobile device while riding a vehicle. Do not text or call while riding and safely pause your ride before doing so.
- You understand that adverse weather (rain, snow, ice, etc.) may impact safety and you are able to respond accordingly (like adjusting your braking distance in the rain, for example). You will use extra caution if riding at night or if riding downhill.
- Be aware of uneven, irregular or slippery surfaces, obstacles, or obstructions that may appear in your path. You agree not to ride, or to end your ride safely, if you feel unsafe at any time.
- Our vehicles are for one rider only, unless the vehicle is explicitly designated by Lime as permitting additional users (for example, a vehicle equipped with a child seat or passenger kit). In such cases, you must comply strictly with the applicable provisions of these Terms and all instructions provided in the App. Carrying animals is never permitted.
- Be aware of cars, bikes, scooters, and pedestrians at all times and exercise caution when riding in areas shared by others. Don’t ride on roads where our Products are not permitted by local law (e.g., highways).
- You may encounter riding and parking zones, which may restrict where you can ride or where you can park. They may also affect the speed and operation of the vehicle. These zones appear within the Lime App map shown prior to unlocking a vehicle. Be alert when entering these zones.
- Do not step off the vehicle while it is moving, or attempt to slow or stop the vehicle with your body.
- While we do our best to educate you on local laws governing how to use our Products and Services, please ensure that you have familiarized yourself with these laws as well (speed limits, helmet laws, parking rules, areas where riding is restricted or banned, etc.), which you must follow when you use our Services. Don’t use our Products and Services where or when prohibited. You are responsible for obeying all local traffic rules, regulations, and posted signs.
- In certain cities, local laws or regulations require us to stop operating, or lower speeds, during specific hours (a “Curfew Period”). You will be informed of such curfew in the App, and rides will automatically end at the start of a Curfew Period. You are responsible for completing your ride before curfew begins. We are not liable for any inconvenience caused by curfew-related shutdowns.
- At the end of your ride, you must park the vehicle upright in the designated areas, as shown in the Lime App, ensuring it does not obstruct access or traffic. To end your ride and stop incurring fees, you may be required to take a clear End of Trip Photo. You must follow the in-app instructions to ensure the photo shows the vehicle and its immediate surroundings to verify proper parking. This photo will be used to verify proper parking or investigate suspected violations of this User Agreement. Your failure to provide a picture of the Products properly parked, may result in additional usage charges, fines (see below), and ultimately the termination of your account/access to the Services.
- You have viewed, understand, and agree to abide by Lime’s How to Ride and local rules, which are available in your Lime App Safety Center.
- The App may show you a suggested route, available parking locations, or an estimated ride price based on your destination. These are provided for informational purposes only. Suggested parking pins may become unavailable during your ride, and route quality may vary depending on conditions outside of Lime’s control (e.g., traffic, construction, or local laws). You remain solely responsible for selecting a safe and lawful route and parking location, and for complying with all applicable laws and regulations. The final price of your ride may differ from the initial estimate, and will always be shown in the App after your ride.
5.3. Rules on Helmets
- Wearing a helmet (preferably Snell, CPSC, ANSI or ASTM-approved) is highly recommended any time you use our vehicles. Your helmet should be sized, fitted and fastened per manufacturer instructions.
- Helmets and other protective gear may reduce the risk or severity of injury but are not guaranteed to prevent personal injury.
- Where helmets are required, you must wear one to use our Products and Services. If you ride without a helmet and are injured as a result, you chose to take that risk and we are not responsible (unless something we did or didn’t do was the actual cause of such injury).
5.4. Safety Checks
We do our best to keep each Product in good condition, but they get a lot of use serving all of our customers’ mobility needs.
- Before riding a Lime vehicle, perform a safety check on the Product, including all of these:
- Test the brakes by squeezing each one and rocking the vehicle back and forth. The vehicle should not move.
- Inspect the vehicle for damage or cracks (body, frame, fork, wheel, fender, etc.).
- Check to ensure the vehicle’s tires are properly inflated.
- Check to ensure the head and tail lights are operational and reflectors are secure.
- Confirm that the seat, pedals, and basket(s), if any, are securely attached and properly adjusted.
- Check the battery life remaining and confirm it is sufficient to reach your destination.
- If you notice any signs of damage or need for maintenance during your safety inspection DO NOT use the vehicle.
- Something could have happened to the Product since its condition was last checked, and we need you to tell us if something isn’t working properly if you notice it before we do. Please tell us as soon as possible by contacting us at [email protected]. If you notice any of these or other issues in a Product before your use, don’t use it. Please immediately report these to us by submitting a request via our Help Center or in your Lime App Help menu and reserve a different vehicle.
- If you notice something during your ride, stop your trip as soon and as safely as possible. If you don’t report these issues, we may have to attribute them to you, including holding you responsible for any associated costs, unless they are exclusively attributable to us.
- If you don't report damage you encounter, it may be attributed to you and you may be held responsible for any associated costs. If you believe such attribution is incorrect, you may contact our support team, who may review the matter as appropriate.
5.5. Prohibited Uses
- You are prohibited from using our vehicles for any unlawful purpose or operating unsafely or in any manner not intended such as off-roading, racing, stunt or trick riding, through standing water.
- You may not transport any passenger except where expressly permitted under these Terms (for example, on designated Passenger Kit Vehicles or when using an approved child seat in accordance with these Terms).
- You may not use any Product to tow or haul a trailer, vehicle or other object.
- Unless otherwise agreed by Lime in a separate written agreement, you may not use our Products and Services for hire, reward or for any other commercial use (like advertising, ride-sharing or food delivery).
- You may not allow others to access our Products and Services using your account, except by utilizing Group Ride where available.
- Do not tamper with or vandalize our vehicles or their components, or attempt to gain unauthorized or fraudulent access to our Service.
- Please don’t lock up any Product with a lock that isn’t ours, because then we can’t unlock it (!).
- Please don’t leave a Product in a manner or location which we can’t access (if everyone did that, there would be no Products to use). We may charge you up to CAD 515, depending on our costs incurred in retrieving any Product due to your actions.
- You are also not permitted to use our Products or Services to participate in activities beyond a particular Product or Service’s intended use. Some of these are obvious, but for example, no racing, mountain riding, stunts or trick-riding, riding up or down stairs, and don’t take a Product off-road or through massive amounts of water (beyond normal urban riding, of course). All of these uses can damage our Products or cause serious injury or death to you or someone else.
5.6. Product Weight Limits
The limits below apply to standard Products. Products equipped with accessories such as child seats or passenger kits may be subject to different limits, as indicated in the App, on the Product, or in these Terms.
- The maximum weight load, including your weight and all items you may be transporting, should not exceed:
- Lime Gen 4 ebike- 120 kg
- Scooter/Seated Scooter- 100 kg
- LimeBike/LimeGlider- 142 kg
- The maximum weight for cargo should not exceed:
- Lime Gen 4 ebike/LimeBike/LimeGlider front basket- 7 kg
- Seated Scooter rear basket- 8.7 kg
- LimeBike/LimeGlider rear basket- 15 kg
For bicycles equipped with a child seat, the child transported must weigh between 9 kg and 22 and only one child may be transported (see “Child Seats”). For vehicles equipped with a passenger kit, the passenger must weigh between 36 kg and 60 kg, and the combined weight of the rider and passenger must not exceed 160 kg, and additional conditions may apply (see “Passenger Kits”).
5.7. Treat Our Products With Respect
- Proper Use. If all customers treat our Products with respect, more of them will be available to use and in better condition. Our Products are unfortunately not indestructible, so please take good care of them when they are in your hands. They have weight limitations which you can find above. We expect you to use the Products safely, including when you carry cargo in general (where the vehicle has a safe place to carry cargo). For example, don’t carry cargo in a bike’s front basket if it blocks your visibility. If you leave any personal belongings on or in our Products or on our premises (and we find them), we’ll hold them for 90 days unless the law requires longer.
- Proper parking. The parking of a Product must take place within the operating area displayed in the Lime App, and, if indicated by the Lime App, within Mandatory Parking Zones and Mandatory Parking Spots in compliance with the local road traffic regulations and the parking rules displayed in the Lime App. Parking or leaving a Product within a No Parking Zone is expressly not permitted.
- Damage. We expect that other than normal wear and tear, you’ll return (meaning locking up and/or deactivating) a Product in the same condition in which you received it. If you damage or destroy a Product (negligently or intentionally), or fail to properly return it within 48 hours and it is exclusively attributable to you and is not related to Lime’s breach of its own obligations, the fault of a third party or a force majeure event, we may charge you for the associated costs of repair or replacement of the relevant Product, duly justified, subject to the following maximum amounts: up to 2,280 CAD for electric bikes and 1,675 CAD for scooters. Before any charge is applied, we will inform you of the nature of the damage, the reason for the charge, and the estimated amount, and you will have the opportunity to raise any questions or provide relevant information. Depending on the circumstances, we may need to file a police report against you. We also reserve the right to take any action against you that the law allows, including holding you liable for the value of the Product. If you believe such attribution is incorrect, you may contact our support team, who may review the matter as appropriate.
- Rental Periods. In general, the maximum rental time is 90 minutes, but may be shorter in some markets, or longer under a Lime Enterprise Solutions offering. Your ride on the Product will terminate after reaching the maximum rental time following commencement of the rental of the Product. Notwithstanding the foregoing, you may again rent the Product upon the termination of the rental period.
- Product Pick-Up. If you are unable to return a Product in a valid area (for example, you have to leave it on private property, in a locked community or an otherwise unreachable area), and you ask that we pick that Product up, we may charge you a pick-up fee of up to 140 CAD. If you simply abandon a Product, you’ll be responsible for all associated fees until it’s recovered, plus a service charge of up to £95, depending on the time and effort associated with recovering the Product. We may charge these amounts to any payment method in your account. If you disagree with any charge, you may contact us at [email protected] to dispute it.
- Accidents or Damage to Products Generally. You must report any accident, crash, damage, personal injury, or a stolen or lost Product to us within two (2) hours of the accident or incident via the Lime App under the Safety Center or, in the event you are injured, as soon as reasonably practicable following the accident or incident. If an incident involves personal injury, property damage or a stolen Product, you must also file a report with the local police department 24 hours after the incident (or, in the event you are injured, as soon as reasonably practicable following the incident).
- Battery. Electric vehicles require periodic battery charging and their charge level decreases with time and use. Many factors, including weather, terrain, and vehicle type, can affect how quickly a battery depletes. While we work hard to ensure our vehicles are generally well charged, it’s your responsibility to check the battery level before riding and to make sure it's sufficient for your intended trip. We can’t guarantee the charge will be enough to reach your destination.
5.8. Child Seats
The following additional rules apply when you use a bicycle equipped with a child seat:
- Eligibility. You may transport only one child using the child seat, subject to the applicable product limits and requirements communicated by Lime. You must be the child’s parent or legal guardian, or have express authorization from them.
- Safety requirements. You must:
- Secure the child using the seat’s safety belts for the entire ride; and
- Ensure the child wears a properly fitted and fastened helmet for the entire ride (helmets are not provided by Lime).
- Adjust the footrests to the proper height and adjust the safety belt to ensure a snug fit.
- Pre-ride check. Before each ride, you must check the child seat and restraint systems. If you notice any defect, damage, or abnormal condition, do not use the bicycle and report it to Lime via the App or at [email protected].
- Prohibited uses. You may not use the child seat to transport animals, objects, or any child who does not meet the applicable product limits and requirements communicated by Lime.
- Responsibility. To the extent permitted by applicable law, you are responsible for the safe transport of the child and for ensuring compliance with applicable traffic and safety laws while using a bicycle with a child seat. By transporting a child, you confirm that you possess the legal authority to act on your passenger’s behalf and acknowledge that you understand and accept the terms of Lime’s User Agreement on their behalf.
- Privacy. Lime does not require you to provide the child’s personal data to use a child seat, and we do not intentionally collect child personal data solely because you use a child seat.
5.9. Passenger Kits
The following additional rules apply when you use a Lime vehicle equipped with a passenger kit (a “Passenger Kit Vehicle”):
- Permitted use: you may carry only one (1) passenger using a Passenger Kit Vehicle. Passenger kits may only be used on vehicles explicitly designated by Lime as equipped for that purpose.
- Eligibility: the passenger must:
- be at least eight (8) years old;
- be able to sit securely and use the equipment provided;
- meet any applicable size, height, and weight requirements indicated in the App or on the Product.
Passenger kit use remains subject to the applicable product limits and requirements communicated by Lime. You are solely responsible for ensuring that these conditions are met.
- Safety requirements: you must ensure that:
- the passenger remains properly seated at all times;
- the passenger uses any footrests, handholds, or safety features provided;
- the passenger wears a well-fitted helmet (helmets are not provided by Lime);
- the heaviest passenger must ride in front;
- your riding behavior is adapted to carrying a passenger (including increased braking distance, reduced speed, and careful maneuvering).
- Pre-ride check: before each ride, you must check that the passenger kit (including seat, footrests, and any handles or supports) is properly installed and shows no sign of damage or abnormal condition. If any issue is identified, you must not use the vehicle and must report it via the App.
- Prohibited uses: you may not:
- carry more than one passenger;
- carry animals in place of a passenger;
- transport cargo that interferes with the passenger or the safe operation of the vehicle;
- use the passenger kit if any component appears damaged or unsafe.
- Responsibility: you are solely responsible for the passenger and for ensuring their compliance with these Terms and applicable laws. Any breach of these Terms by the passenger will be deemed a breach by you. You possess the legal authority to act on the behalf of any minor passenger and acknowledge that you understand and accept the terms of Lime’s User Agreement on their behalf.
- Interaction with other equipment: passenger kits may not be used in combination with child seats or other accessories unless explicitly permitted by Lime.
- Compliance with applicable laws: you must comply with all applicable local laws and regulations relating to the transport of passengers.
6. Financial Terms
6.1. Pricing & Payment
- Pricing model. You may use our Services on a per-ride, subscription and/or limited time offer basis (where such options are available).
Some rides may have a minimum fee that could be in addition to any applicable start/unlock fee. Before you start a ride, the App (or, an iOS/Android notification associated with the App) will display the applicable standard fees for your use of the Service (e.g., start/unlock fee, per minute fee, and/or minimum fee).
Any per minute charge applies to each minute or any part thereof, meaning that any minute that has commenced will be billed as a full and complete minute (e.g., 3:30 is rounded-up to 4 minutes).
If you reserve a vehicle, the per minute reservation rate (if applicable) runs from the time the reservation is confirmed until it is canceled, or until the vehicle is unlocked. The amount we charge may change depending on your location, weekday vs. weekend, and time of the day.
Please note that pricing is regional and may vary by time of day, weather or usage conditions, demand, etc. and Lime may change pricing for our Services, or the availability of certain incentives, subscriptions, etc., at any time in Lime’s sole discretion. We invite you to check our pricing regularly. - Taxes and charges. Our displayed pricing is exclusive of taxes (such as GST/HST, provincial sales taxes and other applicable governmental charges).
In certain locations where we pay the municipality a fee in order to provide the Service to you, we reserve the right to pass a portion of this cost onto you. We will display the amount of such pass-through fees to you via the App before you start a ride. - Ride duration and end of trip. Ride pricing may be subject to certain technical or operational factors described herein. Your ride continues, and charges will continue to accrue, until you have successfully demonstrated via the App and the App confirms that the ride has successfully ended and the vehicle is locked. Ride termination may be delayed if you fail to follow the directions to end the ride in the App, by mobile network issues or other technical factors. You are responsible for ensuring that your ride ends properly; accordingly, if the App fails to confirm the end of your ride, you must immediately notify us at [email protected] or via the Help Center to stop further charges from accruing. You will be charged until the App confirms the ride has ended or you have provided such notice.
- Payment authorization. We may put a temporary hold on your debit/credit card account before you start a ride to verify your payment information is still valid and/or to verify your debit/credit card has the necessary funds to cover the fees, fines and other costs (as referred to in section “Fines and Fees” below) incurred for that ride. Pre-authorization is not a charge to your account, it is a hold on those funds. Pre-authorizations can reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. You should contact your card issuer if you have additional questions about when an authorization amount will be removed from your statement.
- Billing and payment obligations. From time to time, we may group charges for multiple rides or other Services into a single payment transaction. This means that a charge on your bank or card statement may reflect more than one ride, rather than a separate charge for each individual ride. You can review your ride history and applicable charges in the App.
- Failed payments. If your payment method expires and you do not update your information or you cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
If you fail to update your bank details in your account, you may not be able to use our Services until you have proceeded with the necessary updates. - Disputes. If you disagree with any charges we have made to your account, you must let us know as soon as possible after you have become aware of the issue. To resolve any disputed charges, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, and subject to applicable law, we do not offer refunds for your use of our Services, and any exceptions to this policy are in our sole discretion.
- Credits, bundles and Wallet minutes. Your account may display ride credits, bundles, or Wallet minutes, which are subject to the usage and expiration rules shown in the App, and which have no cash value and cannot be redeemed for money unless required by law.
6.2. Referrals and/or Promotional Codes
At various times we may provide referrals and/or promotional codes for discounted trips or other features on our Services, which may be subject to additional terms that we make available to you, and that you’ll need to carefully review and agree to if you’d like to take part in it. Please understand that these are one-time offers, are only redeemable via the App (unless otherwise stated in the promotion terms) and we may modify or cancel them at any time. Unless we state otherwise in the specific promotion terms, we limit these to 1 per user and account, they can’t be combined with other offers, they are not valid for cash, they will expire in accordance with their terms and are not transferable or permitted to be resold.
6.3. Subscriptions; Free Trials; Limited Discounts
We may offer our Services under different payment options, including without limitation free trials, subscriptions, limited-time offers, or other options. Some of these are offered by third parties, and we are not responsible for their products and services. Free trials may convert into paid subscriptions in accordance with the offer terms. The terms will be set forth in each offer for such Services. Please read the offer terms carefully before accepting them.
6.4. Fines and Fees
In the event of a breach by you of these Terms, or your failure to comply with any applicable Federal or Provincial legislation or City bylaw in connection with your use of the Services, we may charge you fees, fines, or other costs. Non-compliance may result in the immediate discontinuation of your current rental and/or the suspension or permanent termination of your account. Where your account is permanently terminated, Lime reserves the right to refuse any future access to or use of the Services. Prohibited riding behaviors may also be subject to a progressive enforcement program, which may include warnings, fees, temporary suspension, and permanent revocation of access to the Services. For example, you may incur fees, fines or other costs if you park a vehicle outside of the authorized parking areas as defined by each City or in breach of Lime's or the City’s parking regulations, breach national or local road safety laws and/or regulations while using a vehicle, leave a vehicle outside the service area, use a vehicle in a prohibited area, or cause damage or loss to a vehicle. We will communicate to you the amount of such a pass-through fee before you start a ride. By agreeing to these Terms, you agree that we may charge these amounts to the payment method(s) indicated in your account, and we may need to contact you for additional information.
In addition, when you are using our Services, you must comply with the laws that apply to you. It is your sole responsibility to take note of all laws and regulations and to regularly update your knowledge of them. If you or we receive a ticket or a fine, cause a vehicle to be towed and/or impounded or receive any other fees as a result of your ride, you’ll be responsible for the amount of the fine or fee, plus the associated costs (e.g. the storage rate fee for the impounded vehicle and any administrative costs), except in the case of a breach of our obligations. If a ticket or fine seems to have been issued inappropriately or illegally and we decide to appeal it, we may charge you an administrative cost, at or around the time the ticket or fine is incurred, and may charge you for the ticket or fine at a later date, if the ticket or fine turns out to be legally justified. By agreeing to these Terms, you agree that we may charge these amounts to the payment method(s) indicated in your account. We cooperate with all governmental officials and/or agencies in their enforcement of the applicable laws, and for expediency we may pay amounts you owe on your behalf and provide any necessary information requested or required by the applicable government agencies. If we do so, you are required to pay us back and you may be required to pay a reasonable administrative fee plus any applicable costs associated with third party collection or administrative agents if we have to use them to resolve the issue. We may need to contact you for additional information. If you have any concerns please contact [email protected].
7. Consumer cancellation rights for subscriptions
As a consumer, you may have the right to cancel your subscription under the consumer protection laws of your province or territory of residence, including any applicable cooling-off period, notice-of-renewal right, or right to cancel an auto-renewing subscription without penalty. These rights vary by province and territory, and nothing in these Terms limits, waives, or replaces any right you have under applicable law.
Separately, and in addition to any rights described above, Section 6.3 of these Terms sets out the notice we will give you before we change your subscription pricing or terms,and your related right to cancel without penalty if you do not agree with a change.
To cancel your subscription, you may do so in the App or contact us at [email protected] with your name, account details, and the subscription you wish to cancel.
8. Limitation of Liability
When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services, and (iii) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
Nothing in these Terms shall limit or exclude the Released Parties' liability to you:
- for death or personal injury caused by the Released Parties’ negligence; for fraudulent misrepresentation;
- for breach of any term implied by applicable consumer protection laws and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this section and to the extent permitted by applicable law, if you are a consumer and not a business customer, in no event shall the Released Parties be liable to you for any indirect or consequential losses or loss of data, and if you are a business customer, in no event shall the Released Parties be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Any liability we do have for losses you (whether as a business or a consumer) suffer arising under these Terms shall be limited to 110 CAD and is strictly limited to losses that were reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
The Released Parties will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
Our Products are machines and there is inherent risk associated with using them, including due to malfunction no matter how well they are maintained. These risks are not always obvious, and they may cause property damage, injury or even death to you or others. By using our Services, you agree that you understand and assume these risks, that it is your responsibility to use our Services safely and you are responsible for any harm you cause to other people or property (unless something we did or didn’t do was the actual cause of such harm).
Without limiting the generality of the foregoing and to the extent permitted by law, by agreeing to these Terms you expressly release, discharge, and agree to indemnify, hold harmless and not sue the City in which you use the Services (and any municipality, local government body, public authority or private entity that has authorized Lime to operate the Services within its jurisdiction or area of control), together with all of their respective elected and appointed officers, officials, employees, servants, and agents (collectively, the "City"), from any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind or nature whatsoever, including personal injury, property damage, and death, arising out of or in any way connected with your use of the Services or any Lime Product within that City's jurisdiction, whether caused by the negligence of the City or otherwise, except to the extent caused by the gross negligence or wilful misconduct of the City.
You acknowledge that this indemnity, release and waiver is a material condition of the City's authorization of the Services within its jurisdiction. Lime will maintain a record of your acceptance of these Terms, including this release, and such record shall be made available to the relevant City upon its written request as proof that you have agreed to this indemnity, release and waiver as a condition of using the Services. If, despite the indemnity, release and waiver in these Terms, you or anyone on your behalf brings a claim against the City, you agree to indemnify and hold the City harmless from all litigation expenses, legal fees, losses, liabilities, damages, and other costs incurred by the City in defending such a claim.
9. Your responsibilities
To the extent permitted by applicable law and exclusions set out above, you agree that you are responsible for any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with (i) your breach or violation of any of these Terms or any applicable law, (ii) any of the Released Parties’ use of your content discussed in the Intellectual Property section, or (iii) your violation of the rights of any third party. You agree that the obligations in this Section will survive any termination of these Terms, your user account or your access to our Services generally.
10. Your Personal Information
Lime’s collection and use of your personal information in connection with the Services is set forth in Lime’s Privacy Notice found at https://www.li.me/en-ca/legal/privacy-policy.
11. Intellectual Property
11.1. Our Limited License to You
Subject to these Terms, Lime grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and our related software and Services on or through your personal device solely for your use of our Services. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. Don’t do anything that places an unreasonably large load on our Services’ infrastructure, use any robots, spiders, scrapers or other automated means to access our Services, try to interfere with the proper working of our Service or attempt to bypass any of our security measures to access the Services.
11.2. Ownership
The Products and Services are Lime’s exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services.
11.3. Content Provided by You
You may at times be invited to submit content to us (like a comment to a blog post, to participate in our communities or provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it on our websites and/or App for the purposes of improving the user experience and our Services as well as your name, voice and/or likeness if also submitted (like if you take a selfie when using a Product) and to the extent permissible by applicable law. This license continues even if you stop using our Services and for a period of time of 10 years after termination of this Terms. If you submit feedback, suggestions or other information about our Services, we may use the same without obligation to you. Any content you submit is deemed non-confidential.
Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. Submission of any of the above may result in suspension or termination of your user account, including where required by law). We have the right, but not the obligation, to review or monitor your content. We may also have to remove your content at any time for any reason without notice each time we become aware that such content is unlawful.
11.4. Third Party Services and Content
The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don’t endorse these third party services and content and we are not responsible or liable for any of their products or services. Additionally, Apple Inc. and/or Google, Inc. will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS or Android mobile devices, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.
12. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices that are not included in the abovementioned list. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications, which are not derived from our Services. By using the App, you consent to the installation of updates and upgrades and agree that the App may automatically communicate with Lime’s servers to provide functionality, record metrics, and collect information as described in our Privacy Notice.
13. General
You may not assign these Terms without our prior written approval (except as required by applicable law). We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and, unless such provision was a determining element of the commitment of the parties, the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Force majeure events may prevent us from providing the Products and Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Products and Services will survive.
14. Applicable Law and Disputes
Except as restricted by applicable law (which may include Quebec), these Terms shall be governed by the laws of British Columbia. For residents of Quebec, these Terms shall be governed by the laws of the Province of Quebec.
Language. The controlling language of these Terms is English. Any translation of these Terms is provided solely for your convenience and will not be binding on the parties. In the event of any conflict or inconsistency between the English language version and any translation, the English language version will prevail to the maximum extent permitted by applicable law.
SCHEDULE A - TERMS OF SERVICE FOR REGIONAL MUNICIPALITY OF WATERLOO
Please read these terms and conditions carefully. When signing up to use any of the services, you will be asked to review these terms and conditions. Once you proceed, you agree to be bound. If you do not agree with these terms and conditions, you must not use the services.
THESE TERMS SIGNIFICANTLY ALTER YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. SECTION 19 IN PARTICULAR CONTAINS IMPORTANT LIMITATIONS ON AND EXCLUSIONS, WAIVERS AND RELEASES OF OUR LIABILITY TO YOU, AND YOUR ASSUMPTION OF RISK AND LIABILITY.
1. INFORMATION ABOUT US
The Services are provided and operated by Lime Technology, Inc. on behalf of Neuron Mobility (Canada) Limited / Neuron Mobilité (Canada) Ltée. ("we", "us"). We are a limited liability company registered in Canada.
2. THESE TERMS
- These terms and conditions ("Waterloo Region Terms") are a legally binding agreement between "you" and us.
- By creating an Account with us, or by accessing and / or using the Services, you agree to be bound by these Waterloo Region Terms, and the associated Riding Rules (see clause 5) and Privacy Policy (see clause 7). If you do not agree with any of the provisions of these Waterloo Region Terms, or the associated policies, you must not use the Services. If you have any questions about these documents and your rights, you should seek independent legal advice.
- BY CREATING AN ACCOUNT WITH US, OR BY ACCESSING AND / OR USING THE SERVICES, YOU CONFIRM AND AGREE THAT:
- YOU HAVE READ AND UNDERSTAND THESE WATERLOO REGION TERMS; AND
- YOU ARE AWARE THAT BY AGREEING TO THESE WATERLOO REGION TERMS YOU ARE WAIVING CERTAIN LEGAL RIGHTS THAT YOU OR YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES (collectively “you”) MAY HAVE AGAINST US.
- We may amend the Waterloo Region Terms and associated rules, policies and supplemental terms from time to time at our sole discretion. We will provide you with reasonable notice of any material updates to these Terms. Except in relation to changes to the Riding Rules, and subject to applicable law, you are entitled to a refund on a pro rata basis in circumstances where:
- you have purchased a Pass; and
- in our reasonable opinion, a change to the Waterloo Region Terms has a major detrimental effect on you.
- You must carefully read the Waterloo Region Terms outlined below as they apply to your access and use of the Services.
3. YOUR LEGAL CAPACITY TO ACCEPT THESE WATERLOO REGION TERMS
- You represent and warrant to us that you are at least the age of majority in your province or territory of residence and acknowledge that any use of the Services by a minor is strictly prohibited, subject to clauses 3.2, 3.3 and 3.4.
- Notwithstanding clause 3.1, if you are using the Services in a location where the applicable Riding Rules permit persons aged 16 years or older but under the age of majority in their province or territory of residence to use the Services, you represent and warrant to us that you are at least 16 years old and have the legal capacity to assume your obligations under these Waterloo Region Terms, and acknowledge that any use of the Services by any person under 16 years old is strictly prohibited.
- If you are 16 years or older but under the age of majority in your province or territory of residence then, in order to use the Services in a location where the applicable Riding Rules permit this:
- you must have consent from your parent or legal guardian to enter into these Waterloo Region Terms and to use the Services;
- your parent or guardian must review these Waterloo Region Terms, and you must obtain your parent’s or legal guardian’s acceptance of these Waterloo Region Terms and their agreement to take responsibility for your actions, any charges associated with your use of the Services, and your acceptance of and compliance with these Waterloo Region Terms;
- you represent, acknowledge and agree that you are assuming the obligations in these Waterloo Region Terms with your parent’s or legal guardian’s permission;
- you represent and warrant that you have complied with the requirements set out in sections 3.3.1 through 3.3.3; and
- you must not access or use, and you must immediately stop accessing and using the Services, if you do not have consent from your parent or legal guardian as set out above.
(The age of majority is 18 years in Ontario)
- If you are a parent or legal guardian of a minor who is 16 years old or older that uses (or may in future use) the Services then you hereby:
- acknowledge and agree that you have reviewed these Waterloo Region Terms and consent to the minor accepting these Waterloo Region Terms and using the Services;
- agree to bind the minor to these Waterloo Region Terms and to be fully responsible and liable for the minor’s compliance with these Waterloo Region Terms and the minor’s use of the Services;
- agree to the disclaimers, waivers and limitations of liability set out in these Waterloo Region Terms on your behalf and on the minor’s behalf; and
- agree to be liable for and to fully indemnify, defend and hold us harmless for and against any loss, damage or claims arising from or related to the minor’s use of the Services or the minor’s failure to comply with these Waterloo Region Terms.
4. SERVICES
- The Waterloo Region Terms govern your use of the following while in the Regional Municipality of Waterloo:
- our website;
- our technology platform (the “Platform”) that enables the renting of Vehicles, currently accessible via our mobile applications (“App”); and
- electric motorised standing kick scooters and power assisted bicycles (each a “Vehicle” and collectively the “Vehicles”) rented on the Platform
(each a “Service” and collectively the “Services”).
5. RULES
- In addition to these Waterloo Region Terms, by renting Vehicles on the Platform, you also agree to abide by and be bound by the applicable Riding Rules for your relevant location (the “Riding Rules”) found in the App. These Riding Rules form part of these Waterloo Region Terms. Where reasonably practicable, we will provide you with reasonable notice of any material updates to the Riding Rules, except where the update is made in order to reflect amendments to local laws and regulations (including applicable road rules) where we may not provide prior notice.
- You acknowledge and agree that all terms, provisions and agreements outlined in the Riding Rules are incorporated in these Waterloo Region Terms by reference with the same force and effect as though fully set out in this document. The Riding Rules detail a number of safety, and other, restrictions which you must comply with to safeguard yourself and others, and to ensure that you respect and comply with local laws and regulations. The App includes further rules and details of no parking zones and low speed zones which you must comply with.
- Depending on where in the world you may be using our Vehicles, different sets of Rules may apply to you. You agree to regularly and diligently check the Riding Rules and any further information available on the App which relates to the safe and proper use of the Vehicles to respect local laws and regulations.
6. RENTAL
- You represent and warrant that you:
- are the only person that will use the Vehicle unlocked by you as an individual Account Holder or designated by you as a Group Rider on a Group Ride (see clause 12 Group Rides);
- are reasonably competent and physically capable of using the Vehicle;
- are capable of, and responsible for, determining whether the conditions make it safe to operate the Vehicle;
- are capable of handling the Vehicle safely in accordance with government regulations and guidelines and any applicable road safety rules;
- will be responsible for any tickets, citations, fines, penalties, and administrative fees incurred as a result of your use of the Vehicle; and
- will conduct a basic safety check of the Vehicle prior to use, including a visual check, a check of the battery capacity, tire condition and a check of the functionality of the brakes, and that you will not use the Vehicle if there are any noticeable issues with the Vehicle which could affect its safety.
- You acknowledge that:
- it is your responsibility to adapt your driving (by adapting, for example, your speed, riding behaviour and braking distance) taking into account external factors which lead to a greater risk to you or the Vehicle (for example, but not limited to, your general ability, your medical condition and weather conditions); and
- the Vehicle’s batteries will require charging from time to time and it is your responsibility to check that the level of charge of the batteries of the Vehicle is sufficient to cater for your planned use of the Vehicle. The charge level can be found on the App and on the Vehicle.
- The maximum rental period is 24 hours. You must not allow a Vehicle to be left in a 'no parking zone' (as indicated on the map in the App) on expiry of the trip.
- You must immediately notify us (and where appropriate, the police) if you:
- become aware of any defect of a Vehicle;
- are involved in an accident when operating the Vehicle (or aware of any damage or injury that arises through use of the Vehicle); and
- are aware that a Vehicle is stolen, and in these circumstances, you must contact us at [email protected] or via the App,
and in all the circumstances the provisions of clause 19.7 shall apply.
7. PRIVACY
- We collect personal information about you in order to activate and register an Account, in order to provide you with the Services and for the purposes set out in our Privacy Policy (the "Privacy Policy").
- We may disclose that information to third parties that help us deliver the Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Canada in accordance with our Privacy Policy.
- Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding our handling of your personal information; and (iii) how we will handle any complaint. If you would like any further contact information about our privacy policies or practices, please contact us at one of the contact methods specified in the Privacy Policy.
- The Services may include advertisements, which may be targeted to information on the Services, queries made through the Services, or other information. The types and extent of advertising by us on the Services are set out in the Privacy Policy and are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third-party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services in accordance with applicable laws and our Privacy Policy.
- By providing your personal information to us, you consent to the collection, use , storage and disclosure of that information as described in the Privacy Policy and in these Waterloo Region Terms.
- As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications may be sent within the App or via text (SMS) messages. These communications are considered part of the Services and you consent to us sending them to you, so far as the communications are required for the use of the Services.
- Further details of our processing activities are detailed in our Cookie Policy found here.
8. CHANGES TO THE SERVICES
- The form and nature of the Services may change from time to time. We will provide reasonable notice to you regarding any material change in the form and nature of the Services. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and in some circumstances, we may not be able to provide you with prior notice.
- We also retain the right to create limits on use of the Services at our sole discretion at any time. We will provide reasonable notice to you regarding any material limitations placed on the use of the Services, except where the limitation is necessary in our reasonable opinion to protect the safety of any person or is imposed in order to reflect amendments to local laws or regulations (including applicable road rules) where we may not provide prior notice. We may suspend our vehicle rental program at any time at our sole discretion. We may suspend operations in any of our cities, municipalities or markets at our sole discretion without prior notice to you. Except in relation to changes to the Riding Rules or limitations imposed to reflect amendments to local laws or regulations, and subject to applicable law, you are entitled to a refund on a pro rata basis in circumstances where:
- you have purchased a Pass; and
- in our reasonable opinion, a limitation placed on the use of the Services has a major detrimental effect on you.
- You may be entitled to a refund of any fees for unused rental periods:
- in accordance with any applicable laws, including any applicable statutory consumer guarantees;
- where our rental service is suspended for a period of more than 15 days; or
- in the case of a Pass, where:
- you have not been able to use the Services due to our suspension or ceasing to provide the Services (except in certain force majeure events); or
- the Services are generally unavailable.
- These Waterloo Region Terms and the provision of the Services are contingent on government and regulatory approvals which can be withdrawn or suspended at any time. You agree to comply with all local, regional, provincial, territorial and federal authority and government requirements and acknowledge that your failure to do so can cause loss to us. You further acknowledge that these Waterloo Region Terms may be altered in response to any local, regional provincial, territorial or federal authority and/or government requirements at any time. In the event permission and consent of the Services is withdrawn or suspended by any local, regional, provincial, territorial and federal authority or government you agree to comply with our reasonable requirements to ensure compliance with the applicable requirements, and agree to provide all reasonable cooperation to us to ensure that we are able to comply with the same requirements.
9. ACCESSING THE SERVICES
- Access to our Services is permitted on a temporary basis. In particular, the maximum rental period for a Vehicle is 24 hours.
- You are responsible for making all arrangements necessary for you to have access to our Services, including ensuring that you have appropriate footwear, safety equipment, driving licence and/or helmet if required by applicable laws or regulations.
- Unless otherwise agreed by us in writing, the Services are made available solely for your personal, non-commercial use.
10. YOUR ACCOUNT AND PASSWORD
- To use certain Services, you may be required to download the App and create an account (an “Account”). You are responsible for safeguarding the password for your Account and for any activities or actions on your Account. We encourage you to use strong passwords with your Account. You must treat such information as confidential. You must not disclose it to any third party. We cannot and will not be liable for any loss or damage arising from your failure to abide by the above and your failure to safeguard your Account, passwords, and other sensitive information.
- We have the right to disable any password, whether chosen by you or allocated by us, or to suspend or terminate any account at any time without liability, and without prejudice to our other rights and remedies under these Waterloo Region Terms or at all law if:
- in our reasonable opinion you have failed to comply with any of the provisions of these Waterloo Region Terms or the Riding Rules (see Clause 5); or
- we suspect or discover wrongful or fraudulent use of an Account.
- If you know or suspect that anyone other than you knows your password, you must promptly notify us via our customer service channels.
- You are obliged, as a condition of using the Vehicle, to provide accurate, complete, and up to date information (including personal identification) for your Account.
- You must not create multiple accounts unless otherwise agreed by us in writing. Creating multiple accounts is a misuse of the Services and may result in you being banned from using the Services
11. YOUR LICENCE TO USE THE PLATFORM
- We grant you a revocable personal, royalty-free, non-assignable, and non-exclusive licence to use the Platform and associated Apps. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by us in the manner permitted by these Waterloo Region Terms.
- You agree that the Services (including, but not limited to, the Vehicles) at all times remain our exclusive property.
12. GROUP RIDES
- If, as the holder of an account on our Platform or App (“Account Holder”), you initiate a group ride on our Platform using our App (a “Group Ride”), you:
- accept the appointment made in paragraph 12.2.1 and agree that you act as agent for each other rider on the Group Ride (each a “Group Rider”) in their acceptance of these Waterloo Region Terms, the Riding Rules and our Privacy Policy for the purpose of their use of the Services on the Group Ride;
- represent and warrant that, in the process of initiating the Group Ride, each Group Rider enters their own correct name and other details via our App as requested and the individuals have personally accepted and agreed to these Waterloo Region Terms, the Riding Rules and our Privacy Policy;
- to the extent permitted by law, accept and agree that you are liable for any loss, damage or claims arising from or related to the Group Ride (whether caused by you or a Group Rider), except to the extent the loss, damage or claim is caused by our negligence, wilful misconduct or fraud;
- accept and agree to pay all costs, charges or fees for the use of the Services by you and each Group Rider on the Group Ride and that these amounts will be charged to your account for payment as specified in clause 13;
- represent and warrant that all riders in the Group Ride (including you and each Group Rider) are at least the minimum age permitted by the applicable Riding Rules for the relevant location or older;
- represent and warrant that:
- only riders identified as a Group Rider and that have accepted these Waterloo Region Terms, the Riding Rules and the Privacy Policy via our App will ride a Vehicle on the Group Ride; and
- there is no more than one rider per Vehicle for the duration of the Group Ride; and
- confirm that all acknowledgements and agreements made under clause 3.4 apply to any Group Rider that is a minor.
- If you access the Services as a Group Rider on a Group Ride initiated by an Account Holder, you:
- irrevocably appoint the Account Holder as your agent to accept on your behalf these Waterloo Region Terms, the Riding Rules and our Privacy Policy and in respect of your use of the Services for the Group Ride;
- agree and acknowledge that, notwithstanding the appointment in paragraph 12.2.1, you expressly agree to be bound by, and comply with, these Waterloo Region Terms, the Riding Rules and our Privacy Policy (and that, if you are a minor, your parent or legal guardian consents to and has agreed to be responsible for your obligations);
- accept and agree that you are liable for any loss, damage or claims arising from or related to your use of the Services on the Group Ride, except to the extent the loss, damage or claim is caused by our negligence, wilful misconduct or fraud.
13. PAYMENT
- You understand that use of the Services will result in charges as detailed in the App and on our website to you for the Services you receive (“Charges”). After you have received the benefit of Services, we will facilitate your payment of the applicable Charges based on the pricing model notified to you on the App (e.g. how many minutes you use together with any unlock fee; or the rate applicable for a Pass in which case, see clause 15 below).
- Charges will be inclusive of applicable taxes where required by law at the prevailing rate from time to time. Charges for passes are due immediately on purchasing a Pass, charges will otherwise be collected depending on the number of minutes that you use the Vehicles for and payment will be deducted from your stored value balance or debited from your payment card. You must input valid payment method details such as Google Pay, Apple Pay, PayPal eWallet, credit or debit card (including valid expiration date) as a prerequisite to using the Services (each a “Payment Method”). You confirm that you are authorised to use any Payment Methods you provide the details of and authorise us to charge the Payment Method for all fees incurred by you in line with the agreed Charges. You agree to immediately inform us of all changes relating to your card.
- Security Deposit. We may require a security deposit for use of the Services which will be indicated to you in the App.
- Temporary Hold: We may put a temporary hold for a specified amount on your Payment Method before you begin a trip to verify your Payment Method has the necessary funds to cover the charges incurred for that trip.
- Usage Fees. You may use the Vehicles on a per trip basis or as otherwise in accordance with the pricing described in the App. We will charge your agreed payment methods the amount of the fees as agreed by you on the App when you book to start riding.
- Administration Fee. You may be charged the following fees in the circumstances specified below:
- Helmet replacement fee: If you do not return the supplied helmet at the end of your ride, you may be charged a fee of up to $15.
- Unauthorised parking fee: For example, if you leave a Vehicle in an area designated in the App as a no parking zone, or leave a Vehicle outside the permitted service zone at the end of your ride, you may be charged a fee of up to $25.
- Unauthorised riding fee: For example, if you ride a Vehicle in an area designated in the App as a no riding zone, you may be charged a fee of up to $25.
- Account in debit. In addition to any amounts due, if your account is in debit for any reason, you may be charged fees that are incidental to our collection of these debit amounts. Such fees or charges may include collection fees, interest (calculated at 4% per annum) or other third-party charges.
- Dispute. If you dispute any charge to your Payment Method, then you must promptly contact us within one month from the end of the month with the disputed charge, and provide to us all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.
14. PROMOTIONAL CODES
- We may, at our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”).
- You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us;
- may be disabled by us at any time for any reason at our sole discretion, without liability to you;
- may only be used pursuant to the specific terms that we establish for such Promo Code;
- have no cash value, and are not exchangeable for cash or vouchers or monetary benefit; and
- may expire prior to your use in accordance with any terms of the Promo Code (e.g. expiration date).
- We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Waterloo Region Terms.
15. PASSES
- You may purchase a pass on the terms offered in ourApp from time to time (each a “Pass”), at the price indicated in the App.
- A pass may only be used to pay for rides taken within the same country in which the Pass was originally purchased. Once activated, Passes are only refundable in accordance with these Waterloo Region Terms, including clause 8.3, or any applicable law (including applicable consumer protection laws). Further terms may be made available to you at the time you purchase as Pass.
- At the time of purchasing a Pass you may select whether or not the Pass you purchase will auto-renew at the end of its term by so indicating on the Passes page of the App. If you make this selection the Pass will automatically renew upon expiry and you will be automatically charged the full amount of the renewed Pass at that time, unless you change this selection before that occurs. You may change your auto-renew selection at any time on the Passes page of the App.
16. INSURANCE AND LOSS
NOTE: Please refer to the App for information on WHAT TO DO IF THERE IS AN ACCIDENT.
- Your safety and peace of mind is important to us, however any insurance held by us may not necessarily cover you for any injury, harm, damage or loss you may suffer in the event of an accident (or otherwise related to your use of the Services) and you should give consideration to obtaining your own insurance.
- You may invalidate any relevant insurance if you fail to comply with these Waterloo Region Terms or the Riding Rules and you may be liable for any costs that flow from that. This may apply in particular (but without limitation) if you ride:
16.2.1 without any necessary driving or other licence (where applicable);
16.2.2 when under the age permitted in the Riding Rules of the applicable location;
16.2.3 while under the influence of alcohol or other recreational or prescription drugs;
16.2.4 without a helmet;
16.2.5 with deliberate recklessness or disregard;
16.2.6 with a passenger;
16.2.7 the Vehicle for commercial use; or
16.2.8 a Vehicle not under your own account.
16.3 You acknowledge that any use of the Services that is in breach of these Waterloo Region Terms or is otherwise in breach of any local, regional, provincial, territorial or federal authority or government rules may void all insurance, accident or liability coverages (to the extent permitted by law) and you acknowledge and agree that you may be responsible for all loss or damage to, or connected with, your use of the Service, to the extent that such loss or damage is connected to such prohibited use.
17. DAMAGED, LOST, OR STOLEN VEHICLES
- We reserve the right to take all necessary actions available to it at law if, in our reasonable opinion, a Vehicle rented by you is determined to have been damaged (fair wear and tear excepted), lost or stolen, including but not limited to:
- making a police report against you;
- charging your payment method on file; and/or
- commencing recovery actions and proceedings against you.
- In each case described above, we may hold you liable for: (a) our reasonable costs to repair a Vehicle damaged by you to the standard of the Vehicle pre-rental; and/or (b) the full replacement cost of the Vehicle and/or any helmet provided to you to be used with the Vehicle, including (i) outstanding usage charges, (ii) charges and expenses incurred by us in our recovery attempts, and (iii) any other reasonable costs incurred by us in dealing with a lost or stolen Vehicle. This clause 17.2 does not apply to the extent any costs resulted from our negligence, wilful misconduct or fraud.
- If a Vehicle is determined to have been damaged, lost or stolen while in your possession, we reserve the right to suspend or terminate your access to the Services. This extends to all Accounts that we reasonably suspect to be associated with the offending Account.
18. OUR INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio, and software) made available through the Services (the "Content").
- Your use of the Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Content. However, we do grant you a limited licence to access the Services on the terms and conditions set out in these Waterloo Region Terms and, where applicable, as expressly authorised by us and / or our third party licensors.
- You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the Content, or create derivative works with respect thereto, except with our prior written consent or unless expressly permitted in these Waterloo Region Terms.
- You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, know how, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
19. LIMITED LIABILITY AND WARRANTY; ASSUMPTION OF RISK AND WAIVER
THIS SECTION 19 CONTAINS IMPORTANT LIMITATIONS ON AND EXCLUSIONS, WAIVERS AND RELEASES OF OUR LIABILITY TO YOU (INCLUDING IN RELATION TO OUR NEGLIGENCE), AND YOUR ASSUMPTION OF RISK AND LIABILITY.
PLEASE REVIEW IT CAREFULLY.
- This clause limits the liability of us and our parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, partners, representatives and licensors (collectively the "Group Entities").
- Any disclaimer of representations or warranties, release or limitation of liability to you shall only apply to and be enforceable under these Waterloo Region Terms to the extent permitted by applicable law.
Platform and Services
- We use reasonable endeavours to ensure that the Platform is free of viruses or other harmful components but cannot guarantee that the Platform will be free from unknown viruses and other harmful components. Except as expressly set out in these Waterloo Region Terms, you access and use the Services at your own risk.
- Subject to applicable laws, we shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other platforms or technology outside our reasonable control. In such cases, you may be entitled to a refund in accordance with clause 8.3.
- Subject to applicable laws, we shall not be liable to you if for any reason our Services are unavailable at any time or for any period if there are no Vehicles available because they are all rented out, or if it is necessary to ensure your safety or the safety of the Vehicles, for example but not limited to if there is a demonstration causing traffic problems or if there are bad weather conditions. In such cases, you may be entitled to a refund in accordance with clause 8.3.
- We make no statement, representation or claims that your use of the Services or the Platform will comply with any laws.
Vehicles
- You acknowledge that:
- operating Vehicles in a city, municipality or other urban environment, whether on open roads or otherwise, brings the inherent risk of accidents, some of which may result in personal injury (including but not limited to physical or mental injury, disability, disfigurement or death) or damage to your personal property;
- while operating the Vehicles, accidents, personal injury (including physical or mental injury), disability, disfigurement, death and other harm can happen, including (but not limited to) as a result of falling, collisions, encountering hidden obstacles, road or surface discontinuities, snow or ice, varying terrain and aggravation of existing health conditions;
- you have been warned about these possibilities, and that (subject to these Waterloo Region Terms and applicable laws) you assume all risk whatsoever in relation to the operation of the Vehicles and your use of it; and
- this clause 19.7 will constitute a "risk warning" for the purposes of any applicable laws, and may operate to exclude or limit any rights you might otherwise have against us in relation to the supply of the Services or your operation of the Vehicles.
- YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY USING THE SERVICES AND OPERATING THE VEHICLES WITH FULL KNOWLEDGE OF RISKS INHERENT IN THOSE ACTIVITIES, INCLUDING AS DESCRIBED IN THESE WATERLOO REGION TERMS, AND THAT YOU KNOWINGLY AND FREELY ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, INCLUDING THE RISKS OF PHYSICAL OR MENTAL INJURY, DISABILITY, DISFIGUREMENT OR DEATH, OR DAMAGE TO YOUR PERSONAL PROPERTY.
- You will exercise and rely solely on your own skill and judgment in use of the Vehicles and/or Services and in your use and interpretation of any information provided to you by virtue of your use of the Services, unless we agree in writing that any prior representation or agreement form part of these Waterloo Region Terms. You are responsible to ensure that your use of the Vehicles, Services and any information presented on the Services complies with these Waterloo Region Terms and all applicable legal requirements, and is reasonable and safe.
- 19.10.We recommend that you contact our customer services channels in the event that you are not satisfied with your use of the Vehicles and / or the Services or if you do not receive a response within a reasonable timeframe to your request. Subject to applicable laws, no lack of response to such contact will be deemed to constitute a waiver of our rights.
Waiver and Release
- 19.11.TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING AS OUTLINED IN SECTION 2.3.2, YOU HEREBY:
- WAIVE ANY CLAIM (INCLUDING CLAIMS UNDER STATUTE THAT CAN BE WAIVED BY YOU AND NEGLIGENCE CLAIMS), DEMAND, OR CAUSE ACTION YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST ANY OF THE GROUP ENTITIES; AND
- RELEASE THE GROUP ENTITIES FROM ANY LIABILITY, LOSS, DAMAGE, EXPENSE OR INJURY (INCLUDING PHYSICAL OR MENTAL INJURY, DISABILITY, DISFIGUREMENT OR DEATH) THAT YOU MAY SUFFER OR INCUR, OR THAT MY NEXT OF KIN MAY SUFFER,
WHERE SUCH CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITY, DAMAGE, EXPENSE OR INJURY ARISES OUT OF, OR IS IN ANY WAY RELATED TO, YOUR USE OR OPERATION OF (OR YOUR INABILITY TO USE OPERATE) THE VEHICLES AND SERVICES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE GROUP ENTITIES.
- 19.12.To the extent that you acquire the Services for commercial use, our liability to you in respect of a breach of any applicable consumer laws is limited to the resupply of the services or the cost of resupplying the services (at our option).
- 19.13.To the extent permitted by law, you release the he Regional Municipality of Waterloo, the Corporation of the City of Kitchener, the Corporation of the City of Waterloo and the Corporation of the City of Cambridge (as applicable) from all claims, actions, damages, liabilities, losses, costs and expenses whatsoever as may be suffered by you arising from or related to your use of the Services within each respective city or municipality area.
Limitations of Liability
- 19.14.TO THE EXTENT PERMITTED BY LAW:
- IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE GROUP ENTITIES FOR ANY CLAIM, LOSS, DAMAGE, LIABILITY, COST, CHARGE OR EXPENSE (INCLUDING LEGAL COSTS AND EXPENSES ON A FULL INDEMNITY BASIS), AND WHETHER PAST, PRESENT OR FUTURE, FIXED OR ASCERTAINED, ACTUAL OR CONTINGENT, EXCEED AN AMOUNT EQUIVALENT TO THE LESSER OF ANY FEES PAID BY YOU TO US, OR $100, REGARDLESS OF THE CAUSE OR FORM OF ACTION; AND
- UNLESS SPECIFIED OTHERWISE IN THESE WATERLOO REGION TERMS, UNDER NO CIRCUMSTANCES WILL THE GROUP ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING ANY LOSS OF BUSINESS OR PROFIT, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF ANY USE, OR INABILITY TO USE, THE VEHICLES AND/OR SERVICES OR ANY INFORMATION PRESENTED ON THE SERVICES, EVEN IF ANY OF THE GROUP ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE GROUP ENTITIES WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. THIS CLAUSE 19.14.2 DOES NOT APPLY TO THE EXTENT THE LOSS, DAMAGE OR CLAIM IS CAUSED BY OUR WILFUL MISCONDUCT OR FRAUD.
- TO THE EXTENT PERMITTED AT LAW, YOU (AS OUTLINED UNDER SECTION 2.3.2), BOTH DURING AND AFTER THE TERM OF THIS AGREEMENT, SHALL AT ALL TIMES, AND AT YOUR OWN COST, EXPENSE AND RISK, DEFEND, INDEMNIFY AND HOLD HARMLESS THE GROUP ENTITIES, THE CITY OF CALGARY, THE CITY OF RED DEER, AND THE CITY OF AIRDRIE, THE REGIONAL MUNICIPALITY OF WATERLOO, THE CORPORATION OF THE CITY OF KITCHENER, THE CORPORATION OF THE CITY OF WATERLOO AND THE CORPORATION OF THE CITY OF CAMBRIDGE (as applicable), ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, AND ALL RESPECTIVE HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LOSSES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, REVENUE OR PROFIT BY ANY PERSON, ORGANIZATION OR ENTITY), FINES, PENALTIES AND SURCHARGES, LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL LIABILITY FOR DAMAGE TO PROPERTY AND INJURY TO PERSONS, INCLUDING DEATH), JUDGMENTS, CLAIMS, DEMANDS, CAUSES OF ACTION, CONTRACTS, SUITS, ACTIONS OR OTHER PROCEEDINGS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO PROCEEDINGS OF A CRIMINAL, ADMINISTRATIVE OR QUASI CRIMINAL NATURE) AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES ON A FULL INDEMNITY BASIS), WHICH YOU MAY SUFFER OR INCUR, HOWSOEVER CAUSED, ARISING OUT OF OR IN CONSEQUENCE OF OR DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF THE SERVICES.
20. INDEMNIFICATION
- To the fullest extent permitted by law, you shall defend, indemnify and hold harmless the Group Entities from and against:
- any tickets, citations, fines, penalties, and administrative fees, incurred as a result of your use of the Vehicles or when riding a Vehicle or otherwise; and
- all liabilities, costs, expenses, damages, and losses of any kind or nature suffered or incurred by the Group Entities arising from or related to any of the following:
- your negligence or wilful misconduct;
- your breach of these Waterloo Region Terms;
- any claim made against the Group Entities for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Vehicles and/or Services,
except to the extent any liability, cost, expense, damage or loss was caused by our negligence, wilful misconduct or fraud.
- We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations will be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
- This clause 20 will survive termination of the Waterloo Region Terms.
21. USE OF THE SERVICES
- We reserve the right at all times (but will not have an obligation) to refuse to provide the Services, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you.
- To the extent permitted by law, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process, or governmental request;
- enforce the Waterloo Region Terms, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security, or technical issues;
- respond to user support requests; or
- protect the rights, property, or safety of us, our users, and the public.
- You are responsible for configuring your information technology, computer programs, and platform in order to access the Platform. You should use your own virus protection software and cyber protections
- You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; or
- publish or post any material that is offensive to a reasonable person (as determined by us in our sole discretion) or in breach of any applicable laws.
- To the extent permitted by law, we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
22. LINKING TO US
Subject to us providing our prior written consent, you may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
23. THIRD-PARTY LINKS AND RESOURCES
- The links from the Services may take you to other sites or services and you acknowledge and agree that we have no responsibility for the accuracy or availability of any information provided by third parties’ services and websites.
- Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising, or other materials made available by such third parties and your access to such websites and services will be subject to their terms and conditions. We have no responsibility for the accuracy of any information made available through such websites or services.
24. SEVERANCE
The illegality, invalidity, or unenforceability of any provision of these Waterloo Region Terms under the law of any jurisdiction will not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
25. SEVERAL USERS
If there are two or more persons adhering to these Waterloo Region Terms as users, their liability under the Waterloo Region Terms is joint and several and their rights are joint.
26. WAIVER
No failure or delay by a party to exercise any right or remedy provided under these Waterloo Region Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
27. TERMINATION
- These Waterloo Region Terms will continue to apply until terminated by either you or us as follows:
- You may end your agreement with us at any time for any reason by deactivating your Accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
- We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have materially violated these Waterloo Region Terms, the Riding Rules or the Privacy Policy; or (ii) you create risk of possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
- In all such cases, any provision of these Waterloo Region Terms that expressly or by implication is intended to come into or continue in force on or after termination of this agreement will remain in full force and effect.
28. FORCE MAJEURE
- No party will be in breach of these Waterloo Region Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Waterloo Region Terms if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party will be entitled to a reasonable extension of the time for performing such obligations.
- The affected party will use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.
- A force majeure event will include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, change of laws or regulations, or interference from civil or military authorities.
29. ASSIGNMENT
We may assign these Waterloo Region Terms, in whole or in part, to any party without giving you prior notice and without your consent. You may not assign any right under these Waterloo Region Terms except with, and in strict compliance with any conditions of, our prior written consent.
30. GST
- The recipient of a supply must pay to the supplier the amount of the GST the supplier is liable to pay on or in respect of a supply, at the same time and in the same manner as the recipient of the supply is obliged to pay to the supplier the consideration for that supply.
- The supplier must give the recipient of a supply a tax invoice at the same time as the recipient of the supply pays to the supplier an amount in payment of GST.
- Expressions used in this clause that are defined in Part IX of the Excise Tax Act (Canada) (“GST Act”) have the same meaning in this clause as in the GST Act except where the context makes it clear that a different meaning is intended.
31. GOVERNING LAW AND JURISDICTION
This Agreement and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws applicable in the province or territory in which the Services are consumed (including federal Canadian laws applicable in that province or territory). In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
32. DISPUTE RESOLUTION
- Each of the parties will use their reasonable endeavours to cooperatively resolve any dispute arising in connection with the subject matter of these Waterloo Region Terms (“Dispute”).
- The Dispute must be referred by notice in writing by either party to the other party for resolution. Such notice must give full particulars of the Dispute.
- Following notice of a Dispute being given, a representative of ours will be made available to meet with you to attempt to resolve the Dispute.
- If a Dispute is not resolved within 60 Business Days, the parties may exercise their legal rights, including by commencing proceedings.
- Nothing in this clause prevents or restricts a party from instituting proceedings to seek injunctive or declaratory relief (including in circumstances where the requirements in this clause have not been complied with).
- The parties acknowledge and agree that, subject to an order made by a Court, each party must bear its own costs in relation to any disputes.
33. LANGUAGES
The parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language. Les parties aux présentes ont expressément exigé que la présente convention et tous les autres documents ou avis qui y sont afférents soi ent rédigés en langue anglais.
In case of discrepancies between the English version and any other language versions of these Waterloo Region Terms and contents of our website, the English version will prevail.
34. PARTIES BOUND
These Waterloo Region Terms will be effective and binding upon you and your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity;
35. CONTACT
If you encounter any problem using our Services, or have questions about these Waterloo Region Terms, please contact us at [email protected].