These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and Bikeep OÜ (“Bikeep”, “us” and “our”), an Estonian corporation with office at Peterburi tee 49, Tallinn, Estonia, 11415. These Terms govern your access to and use of our website (“Site”) and mobile applications (the “Apps” or each individually an “App”), as well as any services provided through the Site or the Apps (such services, together with the Site and the Apps are, collectively, the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.
The Services include design and installation of short-term bike parking solutions, including secure automated bike parking systems. Certain features of the Services may be provided by third-party contractors including Adyen UK. Adyen UK provides merchant payment processing for Bikeep and the Bikeep mobile app.
The Bikeep may revoke this license at any time, in its sole discretion. Upon revocation, you may not access or use the Services, and you must delete all copies of the Apps or other software from your devices. Any unauthorized use automatically terminates the permission or license granted by the Bikeep.
Changes to Terms and Conditions
Bikeep reserves the right to change these Terms at any time. The most current version will always be posted on our Site at https://bikeep.com/terms-and-conditions-for-using-bikeep-services/. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Disclaimer and Limitation of Liability
THE SERVICES ARE PROVIDED ON AS “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIKEEP DOES NOT ACCEPT LIABILITY FOR ABANDONED, STOLEN, OR DAMAGED BICYCLES.
In no event shall Bikeep or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages arising out of or in connection with the use or inability to use the Website, the Apps, or
the Services, whether or not such damages might be foreseeable and even if Bikeep has been notified of the possibility of such damage. This disclaimer of liability applies to any damages or injury of any kind, including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Limited License
Solely for use in connection with the Services, the Bikeep grants you a limited, nontransferable, nonexclusive, revocable license to access the Services and make personal use of the Services. The license extends only in connection with your access to and participation in the Services and only in a manner that complies with all legal requirements that apply to you or your use of the Services.
Without limiting the generality of the foregoing, unless explicitly authorized by the Bikeep, you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content.
Preservation of Intellectual Property Rights
All content that forms part of the Site, Apps or Services, including but not limited to software, images, text, graphics, illustrations, logos, photographs, audio, videos, and music are subject to intellectual property rights including copyright and trademarks held by or licensed to the Bikeep. All rights are expressly reserved. Use of any such content, except as expressly authorized, shall constitute a violation of the rights of the Bikeep or its licensor.
Collection of Personal Information and Privacy
You acknowledge and agree that when you download, install, or use the Site, Apps or Services, the Bikeep may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, using or accessing the Services or certain of features or functionality, and the Services may provide you with opportunities to share information about yourself with others. All information the Bikeep collects through or in connection with this Application is subject to our Privacy Policy located at https://bikeep.com/legal/privacy-policy/ . By downloading, installing, using, and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Account Registration
You may be required to register for a password-protected account (“Account”) to use the Apps and / or access the Services. You must provide accurate, current, and complete information during registration and at all other times when you use the Services, and update information to keep it accurate, current, and complete.
You are solely responsible for safeguarding your Account credentials and authentication measures, and you agree to notify us immediately in the event of any unauthorized use of your Account.
Suspension or Termination of Services & Account
The Bikeep reserves the right to modify, suspend, or terminate the Services or your Account at any time in its sole discretion, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.
You may cancel your use of the Services and/or terminate your Account at any time by emailing help@bikeep.com or by calling our support line +372 6023536 (available Monday – Friday 9am – 4pm GMT). Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Account records or activity, unless otherwise required, and to the extent required, under applicable law.
Payments
The Services, and in particular the Apps, may require payments from you in order to utilize certain functions. Such payments shall be displayed to you prior to purchase. You may provide us with a method of payment (either a bank/ credit card or pre-paid account), and by doing so, you represent and warrant that you are authorized to use that method of payment. You are subject to any applicable terms, conditions, restrictions, and other requirements of any payment provider related to any payment and we have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a payment provider in connection with your use of such payment provider for use of the Services.
You are responsible for all activity in your Account, including payment transactions. When a payment transaction is initiated in your Account, you authorize us to process the applicable fees by charging any payment method you provide us. If you do not have a valid form of payment transaction, you may not have access to all Services. We also reserve the right to suspend or terminate your Account if your payment method is declined or if we suspect any fraud on your Account. If you have stored payment information with us, you agree to keep such payment information accurate, current, and complete. We are not responsible if your access to the Services is limited based on inaccurate payment information.
We use a third-party payment provider for processing payment transactions. The third-party payment provider may impose insufficient funds, charges or other fees. We are not responsible for your interactions with third-party payment providers or for any charges or fees they may impose. When you use any of the Services that require payment, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total for your transaction. Your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to your use of the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.
Refunds & Cancellation
If you think there has been a billing or accounting error, please contact the Bikeep by emailing help@bikeep.com or by calling our support line +372 6023536 (available Monday – Friday 9am – 4pm GMT). If you are entitled to a refund for any reason for the Services, you agree to accept credits to your Account in place of cash.
If you close your Account, unless you owe fees, we will provide you with a refund of any amounts credited on your Account. We may, for example, request your banking details so we can send you a wire transfer. Please allow up to 6 weeks for a refund. We will refund the money to the payment method you designated or as otherwise deemed reasonable in our discretion.
Governing Law and Jurisdiction
Due to the nature of the Internet, it is not possible for Bikeep to restrict access to its Website only to those jurisdictions in which it does business. Some of all of the products and services offered on this Website may not be eligible for solicitation in your jurisdiction. If you are accessing this Website from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Bikeep. The Website and Apps are controlled and operated by the Bikeep from its offices in Tallinn, Estonia. Bikeep makes no representation that any of the Services or materials contained therein are appropriate or available for use in other locations.
This agreement shall be governed by and construed in accordance with the laws of England and the laws of United Kingdom applicable therein. The parties hereby attorn to the jurisdiction of the courts of United Kingdom. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. These Terms, together with the Privacy Policy and any other legal notices, amendments, and additional agreements or policies published by the Bikeep with respect to the Services constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Passport’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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