Terms of Service

These terms are a legal agreement between Elusive eCycles Inc. ("we" or "us") and you as the user. Please read all the terms before indicating acceptance. These terms apply to our online shopping cart platform, and any updates or new features that we may introduce from time to time. If new terms accompany any of those updates or new features, then those terms will apply. By using our online shopping cart platform, you accept these terms. If you do not accept them, do not use our site. You are bound by these terms even if you do not read all the terms.

WARNING: you acknowledge and accept that there are inherent risks and dangers involved with the use of electronic bicycles, e-cycle products, ebikes, scooters, dirt bikes, and related products sold through our site. it is your responsibility to comply with all applicable national, federal, provincial, state, municipal and/or local laws, bylaws, regulations and restrictions governing the use of such products that you purchase through our site (including rules and regulations governing on-road, off-road, closeD course, and trail use, and speed).

1. Definitions:

a. "Customer" means a User purchasing products through the Site;

b. "Personal Data" means all personal information about an identifiable individual (but excluding business contact information);

c. "Site" means our online shopping cart platform listing products for sale, and any articles, news items, blog posts or other information that we may supply on our site. The term "Site" specifically includes any new features and tools that we may introduce from time to time under these terms, together with any content that we have uploaded or input.

d. "User Content" means comments, feedback, ratings, reviews, or other content that Users can create while using the Site (as may be permitted by the Site);

e. "Users", "you" and "your" refer to any Users of the Site.

2. Your Access: Some areas of our Site are accessible without an account. If you access areas of the Site without an account, you are still bound by these terms. For Customers to access certain functionality or features of the Site, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account. If you checkout as a guest User, you are still bound by these terms, but you may not have access to all functionality or features.

By agreeing to these terms, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

3. Consent: By entering into these terms, you consent to us publishing (and if determined by us, editing or removing) any User Content that you input or submit to us, and to use your Personal Data in accordance with our Privacy Policy and these terms.

4. Purchase of Products: As a Customer, you must pay the total price as detailed in the applicable payment page or the invoice issued through the Site. You will not be charged for any purchase unless you have agreed to the payment terms in the checkout page. The total price will include shipping and tax, all as identified on the checkout page, and you agree to pay the total amount displayed. Provincial and federal sales taxes are applied during checkout.

Product listings and advertisements on the Site are invitations to you to make offers to purchase products and are not offers to sell. You may receive an email at or shortly after the time of purchase, but this is not a notification of acceptance and only serves to confirm that we have received the order request. If the order is accepted, a confirmation email is then sent to the Customer and upon receipt of payment, the product is shipped. All orders must be paid in full prior to shipment.

If your order is not accepted, in whole or in part, you will be notified, and any paid amounts will be refunded for the order (or part of the order) not accepted through the Site. After the purchase order date, we may reject an order for any reason, including without limitation for a misprint in the price offer or advertisement, product shortage, product discontinuance, a lack of sufficient delivery information from the Customer, or shipping restrictions to certain locations or destinations. We reserve the right to refuse any order you place with us.

5. Product Depictions & Changes: Products available through the Site are dependent upon inventory levels, so please be aware that inventory levels may change, products may change or be discontinued. We make every effort to display the colours, materials and styles of products as accurately as possible, but the actual items may appear or seem slightly different than how they appear on our Site, depending on the photos supplied to us, the information we receive from our suppliers, the browser you use, or the quality of your screen.

6. Refunds & Returns: Our Refunds & Returns Policy applies to refunds and returns of all purchases through our Site. By agreeing to these terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully.

7. Shipping & Delivery: Our Shipping & Delivery Policy applies to shipping and delivery of all purchases through our Site. By agreeing to these terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully. Our Site will estimate shipment fees and dates but we are not liable for any shipping costs, or delivery delays, including delays beyond the reasonable control of us or our order-fulfillment providers.

8. Product Warranty: Please refer to the warranty provided by the manufacturer, for the product that is shipped to you. The manufacturer's warranty may be provided with the product, or may be downloadable from the manufacturer's website, or in some cases we may make a copy of the manufacturer's warranty available for download from our Site for specific product(s). The manufacturer's warranty starts from the date of purchase. All warranty claims must be made to the manufacturer, subject to their warranty terms. Other than passing through the written manufacturer's warranty included with the product, we do not warrant the products sold through this Site.

9. Privacy. Our personal information handling practices are governed by our Privacy Policy. By agreeing to the terms of these terms, you agree to be bound by our Privacy Policy. Please read that policy carefully.

10. IMPORTANT INFORMATION ABOUT OUR PRODUCTS:

YOU ACKNOWLEDGE AND ACCEPT THAT THERE ARE INHERENT RISKS AND DANGERS INVOLVED WITH THE USE OF ELECTRONIC BICYCLES, E-CYCLE PRODUCTS, EBIKES, SCOOTERS, DIRT BIKES, AND RELATED PRODUCTS SOLD THROUGH OUR SITE. These risks may be predictable or anticipated, or they may be unpredictable or unanticipated. They may result from use of products by skilled or unskilled riders, and are impacted by a range of factors, including (but not limited to) weather, traffic, terrain, speed, potential for collisions, skill or fatigue of the rider, the behaviour of others, or any use or misuse of the product (among other factors). You accept such risks and understand that such risks can result in injury, death, illness or disease, physical or mental damage to you, or damage to your property, or to injury to others and damage to their property.

IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE NATIONAL, FEDERAL, PROVINCIAL, STATE, MUNICIPAL AND/OR LOCAL LAWS, BYLAWS, REGULATIONS AND RESTRICTIONS GOVERNING THE USE OF ELECTRONIC BICYCLES, E-CYCLE PRODUCTS, EBIKES, SCOOTERS, DIRT BIKES, AND RELATED PRODUCTS THAT YOU PURCHASE THROUGH OUR SITE (INCLUDING RULES AND REGULATIONS GOVERNING ON-ROAD, OFF-ROAD, CLOSED COURSE, AND TRAIL USE, AND SPEED). As the Customer, you have the responsibility to inform yourself about the various applicable laws, bylaws, regulations and restrictions concerning your use of the such products that you purchase through our Site, and you assume and accept all associated consequences and liability for any non-compliance.

You agree to release, waive, defend, indemnify, and hold us and our directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable legal fees, relating to or arising from:

(a) your purchase or use of any products purchased through our Site;
(b) any violation by you of these terms or any applicable policies; or
(c) violation by you of another party’s rights, or applicable laws or regulations.

11. SAFETY

We want our Customers to enjoy a safe experience. It is your responsibility to:

(a) take any appropriate classes or training before use;
(b) use products safely;
(c) observe all posted speed limits;
(d) observe all recommended safety recommendations;
(e) wear a helmet and other personal protective equipment, and
(f) ride defensively
(g) charge, discharge, handle, store, maintain and dispose of lithium-ion batteries in a safe manner, consistent with local recommendations and regulations.

12. Termination Rights:

a. By Us: In the event you breach these terms, or any other applicable policies, we may suspend or terminate your account and your access to the Site. We may suspend or terminate your account in the event the account is inactive and abandoned by you for a year.

b. By You: You may terminate your account and cease use of the Site at any time.

c. Effect of Termination: Once your account is terminated, you will not have access to the contents of that account. You are responsible for backing-up or saving the contents of your account (if any), prior to the termination of your account. After termination, we reserve the right to delete or keep any content in your account Site for archive purposes. We will only retain Personal Data in accordance with these terms and our Privacy Policy.

13. User Content: The Site may allow you to input certain User Content as part of your use of the Site. We have the right to display User Content and reserve the right to remove or correct User Content if we receive notice of corrections, or if any such content contravenes our acceptable use standards.

14. Intellectual Property Rights: You agree that the Site and software, trademarks, intellectual property rights, content and layout of our Site, including any product information, images, or other content such as articles, news items, blog posts or other information that we may supply on our Site, are owned by us or our licensors, and you will not contest or challenge such ownership. Other company names and logos displayed on our sites may be trademarks of their respective owners.

15. General Disclaimers: We do not design or manufacture the electronic bicycles, e-cycle products or ebikes, scooters, dirt bikes, or related products sold through our Site, nor do we exercise any control over suppliers, advertisers, or manufacturers, or the quality, validity, accuracy, or safety information listed by suppliers, advertisers, or manufacturers. We disclaim all express or implied warranties or conditions regarding any product sold through our Site. You must take steps to verify the quality, validity, accuracy, safety, or legality of any products listed for sale through our Site.

While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Site. We expressly disclaim any and all liability in connection with our Site. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of our Site, in terms of their correctness, accuracy, reliability, or otherwise. The content in the Site could include technical inaccuracies or typographical errors.

16. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OR PRODUCTS SOLD THROUGH THIS SITE, OR THE USER CONTENT AVAILABLE ON THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF $50, OR THE ACTUAL DOLLAR AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE DAMAGES OR CLAIM, WHICHEVER AMOUNT IS LESSER.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17. Jurisdiction & Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under these terms, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.

18. Downtime: The Site may experience temporary downtime as we perform routine maintenance or updates.

19. Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.

20. Changes: Changes to these terms may be made from time to time by us, and the modified form of the agreement will take effect after posting on our Site. Continued use of the Site after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Site, in whole or in part, at our sole discretion, at any time, without notice.

21. Survival: All terms which require performance by the parties after the expiry or termination of these terms, will remain in force despite this agreement's expiry or termination for any reason. The following terms shall survive the termination of this agreement: Sections 10 11, 13, 14, 15, 16.

22. Miscellaneous: You may not assign or transfer the rights granted to you under these terms without our prior written consent. We may assign this agreement to a third-party upon written notice to you. These terms constitute the entire agreement between us and you with respect to your use of the Site and the purchase of any products. Any failure by us to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. If any of these terms and conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties reconnaissent par les présentes que chacune d'elles a exigé que ce contrat et tout document ou avis y afférent soient rédigés en anglais. These terms may be agreed to by electronic acceptance.

23. Contact: Questions about these Terms of Service should be sent to us at info@elusiveecycles.com

END OF TERMS

[04/2023]