THANK YOU FOR RIDING WITH BESTO EPV.
Terms and Conditions
INTRODUCTION, REGISTRATION AND CONFIRMATION, BIKE ACCESS PERIOD
1 INTRODUCTION
2 REGISTRATION AND CONFIRMATION
3 USING OUR SERVICES
4 SINGLE RIDDING, MEMBERSHIP SUBSCRIPTIONS, AND PROMOTIONAL CODES
5 LOST OR DAMAGED BIKES; ADDITIONAL FEES
6 REFUND
YOUR OLIGATIONS, ASSUMPTION OF RISK, RELEASE, INDEMNITY AGREEMENT, DISCLAIMERS, LIABILITY
7 YOUR OBLIGATIONS
8 ASSUMPTION OF RISK BY MEMBER.
9 RELEASES
10 INDEMNITY AGREEMENT
11 DISCLAIMERS
12 LIABILITY
ADDITIONAL TERMS OF USE
13 ADDITIONAL TERMS OF USE
14 LIMITATIONS ON AVAILABILITY OF SERVICES
MISCELLANEOUS
15 EXCLUSION AND SUSPENSION
16 COMPLAINTS AND DISPUTE RESOLUTION
17 TERM AND TERMINATION
18 NOTICES
19 WAIVERS
20 CUMULATIVE REMEDIES
21 CONTRACT INTERPRETATION
MEMBER AGREEMENT/BIKE USER AGREEMENT
INTRODUCTION, REGISTRATION AND CONFIRMATION, BIKE ACCESS PERIOD
1 INTRODUCTION
These general terms and conditions apply to the use of rental Bikes provided by BestoEPV (“BestoEPV”, “Our”, or “We”) and operating in Antigua & Barbuda and all other areas where these terms and conditions may apply legally.
2 REGISTRATION AND CONFIRMATION
2.1 To register as a Customer/Member/User, you must:
(a) be aged 18 years or over and be ;
(b) ensure that all data provided by you is accurate;
(c) agree that you have authority to agree to these Terms, whether personally or on behalf of an entity you’ve included in your user account registration
2.2 If you don’t agree to these Terms, you may not use our Services. We may amend these Terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion.
1) Registration (application for registration with BestoEPV) is possible by mobile App.
2) Following the provision of all relevant personal data, BestoEPV has the right to accept or refuse the application. As part of the approval process, BestoEPV is authorised to check the creditworthiness of the applicant using the services provided by Our third-party processor.
3) Account Set Up. You need an account to use our Services, which requires a valid debit or credit card or other approved payment method with expiration date (which is passed to our third party payment processor – we do not receive or store this information ourselves) What you provide us must be true, accurate, complete and updated as necessary to remain accurate. 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. We have the right to provide your various account details (like billing, account, content or use records and related information) if required by law (which may include mandatory data sharing with governments), and to protect our rights, customers or business.
4) We take fraud 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 this payment method 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 if and until the issue is resolved. During that time, you will lose access to some or all of our Services, either temporarily or permanently.
5) You are obliged to inform BestoEPV immediately of any changes to their personal information. This applies especially, but is not limited to, information regarding payment (debit or credit card number, banking information).
6) BestoEPV and their licensing partners may send additional information other than that which is necessary for the rental itself (Bike no., lock code, etc.). This may include, but is not limited to, info from sponsors and partners.
3 USING OUR SERVICES
You can use the App to locate, reserve and access our available Products. Please understand that for supply and related reasons, we reserve the right to accept or reject your reservation requests, and your receipt of our confirmation does not necessarily equal acceptance or constitute confirmation of our offer to make the Services available in any particular instance. If your reservation via the App is rejected after your request, you’ll receive the applicable refund assuming your payment method was charged in the first place. 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.
RULES
• You must be able to operate our Products in a competent manner. You know how to use them and are physically able to do so. You understand that adverse weather conditions can impact safety and you are able to respond accordingly (like adjusting your braking distance in the rain, for example). This may also mean not using certain Products at all. Also note that we don’t provide routing directions or advice, so the route you choose is up to you.
• While we do our best to educate you on local laws governing how to use our products, please ensure that you have familiarized yourself with these laws as well, which you must follow when you use our Services. Don’t use our Services in prohibited areas, and make sure you understand the laws on sidewalk use, parking and alcohol/drug use during operation.
• Don’t tamper with, vandalize or try to gain unauthorized access to our Services.
• Safety First! – Perform all safely Checks, Always wear a Helmet and Abide by the Highway Code Observing all traffic signs and rules.
We recommend that you always wear a helmet any time you use any of our Bikes. It should be sized, fitted and fastened per manufacturer instructions. Helmets and other protective gear are no guarantee against personal injury. If you choose not to wear a helmet and are injured as a result, we are not responsible.
We do our best to keep each Product in good working condition, but you should still perform a safety check on the Product before you use it, including all of these:
• Did you check its general condition (wheels, tires, seat etc.)?
• Do its brakes and lights work?
• Are the seat, pedals and basket properly attached?
• Is the battery charged?
• Is there any other sign of damage, unusual or excessive wear or is maintenance needed?
Something could have happened to the Bike 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. If you notice any of these or other issues in a Bike before your use, don’t use it. Reserve another one instead. If you notice something during use, stop your trip as safely as you can and as soon 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, so please tell us if anything you see doesn’t look right.
• We have a limited number of Bikes and they may not always be available.
• Electric Products require periodic battery charging to operate. Their level of charge power will decrease with use over both time and distance. They lose their battery charge for various reasons, including due to weather, road conditions and other factors.
• It is your responsibility to be aware of the level of charge power in the Bike you are using. As part of our Services, we work diligently to ensure that our Bikes have adequate charge for your general use, but we don’t know where you intend to go and we can’t guarantee the electric Product you use has enough charge power to get you there.
• We want a safe experience for you and those around you in your community, and that means we have some rules. Aside from simply exercising caution and good judgment, you shouldn’t carry any items (like a briefcase or a bag) or use any device (like a cell phone or other portable device) if they impair or hinder safe use (no texting while using our Services, for example). There will not always be a designated place for you to ride, such as a Bike lane, so exercise caution when riding around cars and other traffic (we aren’t responsible for the actions of drivers, pedestrians, or other third parties). You may not use our Services while under the influence of alcohol, drugs or other substances. Don’t carry other people or animals while using our Services. Please don’t leave a Bike in a manner or location which we can’t access. We may charge you up to USD$1200 if we are not able to retrieve any Bike due to your actions.
• You are also not permitted to use our Services to participate in activities beyond the intended use. Some of these are obvious, but for example, no racing, mountain riding, stunts or trick-riding, 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. You may not use our Services for hire, reward or for any other commercial use (like advertising, ride-sharing or food delivery). And of course, do not use our Services in connection with the violation of any law.
• While riding a Bike You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating the Bike.
• You must not operate a Bike while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Bike.
• You must not carry a second person on a Bike.
• You must not park or lock any Bike in any place like pay parking lot, inside residence or community other than legal public parking area.
• You must not dismantle, write on, or otherwise modify or deface a Bike or any part of a Bike in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bike in any way. You must not use a Bike for any advertising or similar commercial purpose.
• You must not operate a Bike in poor or dangerous weather conditions, including hail, ice or electrical storms, which could make it more dangerous to operate the Bike. You are advised to adjust Your riding behavior and braking distance to suit the weather conditions, and you must promptly act in a safe manner and return Your Bike to an available Public free Bike Parking spot when necessary and prudent to do so.
4 SINGLE RIDDING, MEMBERSHIP SUBSCRIPTIONS, AND PROMOTIONAL CODES
4.1 BestoEPV provides various hiring types for customers; Single Ridding, and Membership Subscription Packages.
4.2 BestoEPV charges fees to its customers according to the current rate and price list. A list of concluded rental processes (including costs and time periods) may be viewed by the customer on the mobile App or on Our Website.
4.3 Please note that we may change pricing for our Services as we deem necessary or appropriate for our business. Our pricing is exclusive of taxes (like sales and value added) and other applicable governmental charges. All of these will be charged to your preferred payment method designated in your account based on your use. We will automatically charge and withhold the applicable taxes if required by law. All payments to us are made through a third-party payment processor in the form of payment accepted by them. If you disagree with any charges we have made to your account, you must let us know within 10 business days from the end of the month in which the disputed charge took place. 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, we do not offer refunds for your use of our Services, and any exceptions to this policy are in our sole discretion.
4.4 Promotional Codes.
At various times we provide promotional codes for discounted trips. Please understand that these are one-time offers, are only redeemable via the App and we may modify or cancel them at any time. We limit these to 1 per user and account, they can’t be combined with other offers, they will expire in accordance with their terms and are not transferable or permitted to be resold.
4.5 Membership subscription.
You may also use our Services by purchasing a period of membership. There are some additional rules about membership subscription:
• Your membership subscription will begin on the date your first payment is received, and our third-party payment processor will charge your preferred payment method within 30 days of authorization. Your membership subscription will continue for the period you selected at sign-up (or month-to-month if no period was specified for some reason).
• The applicable price is the price at the time you submit your order (we reserve the right to change prices over time, and we do not provide price protection or refunds in the event of a price drop or promotional offering). We’ll automatically bill and charge you each month during the term of your membership subscription.
• We may offer a variety of membership plans, including free trials, discounted pricing for limited times or special third-party promotional plans that may have different or additional terms disclosed to you at or before sign-up. Some of these are offered by third parties, and we are not responsible for their products and services. With free trials, some credit card companies may place a temporary hold on your payment method for your first payment.
• We reserve the right to modify, terminate or otherwise amend any subscription membership plans.
• We may cancel your membership subscription for any or no reason on 30 days prior written notice to you. You may do the same, but if it’s in the middle of your subscription term, you will not receive a refund for partial months and it may mean you forfeit any membership fee. We may also cancel your membership subscription if you fail to pay amounts due, or if you are in material breach of these Terms.
• Our subscription memberships will automatically renew at the then-current prices for the same length of time as your original membership term. It will continue indefinitely unless you cancel it before the end of your then-current subscription term. Our pricing and applicable taxes and fees may change over time, so the pricing from one subscription term to the next may be different. We reserve the right to change membership subscription pricing at any time, but if we do, we’ll give you notice of such change first (this might be in-App or other electronic communication). If you don’t agree with the new pricing, you can cancel your subscription.
• You have 20 working days days from the day charges appear on your account statement to dispute them – after that, you are deemed to have accepted these charges.
4.6 OVERTIME FEES
All Customers/Members/Users are subject to the overtime fees, which may be charged and collected by BestoEPV. So long as a Customers/Members/Users lock the Bike and ends the current ridding within the period of the Package, no overtime fees will be charged. After that, a Customers/Members/Users is eligible to choose a hiring type to rent a Bike again.
At any time, You may access a statement of Your trip history and associated charges by logging into Your Account profile page on the Mobile App. If You dispute the charge for a trip and You wish BestoEPV to review the charge, then You must contact BestoEPV as soon as possible but no later than 20 working days after You receive Your statement containing the disputed charge. You must provide BestoEPV with all the trip information necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Your trip receipt, if any, indicating the date and time Your Bike was returned is additional proof that the Bike was properly returned.
5. LOST OR DAMAGED BIKES; ADDITIONAL FEES
Treat Our Products Like They Were Your Own!
Our Products are unfortunately not indestructible, so please take good care of them when they are in your hands. They have weight limitations – 300 pounds for all Bikes (but 15 pounds for cargo in a Bike’s front basket). If you leave any personal belongings on or in our Products or on our premises, we’ll hold them for 60 days unless the law requires longer.
5.1 Lost, Stolen, or Damaged Bikes; Additional Fees.
The data generated by the Services' computer is conclusive evidence of the period of use of a Bike by a Member.
5.2 LOST BIKES
For any Bike that does not park in an authorized parking area within 24 hours of being rented, the Bike will be deemed “lost”, and your Security Deposit will be frozen and a lost Bike fee of up to USD1200+tax will be charged. In addition, BEstoEPV may file a police report with local authorities. If the Bike is found or returned to a Bike Parking spot after 24 hours, or BestoEPV verifies that You are not responsible for a loss, theft, or accident preventing its return, the lost Bike fee may be waived. You agree to report to BestoEPV as soon as possible the loss or theft of a Bike or Your involvement in any accident that will prevent the return of a Bike. You further agree to follow BestoEPV’s directions regarding filing a police report for any loss, theft, or accident and to cooperate with any investigation of such an event.
Product Pick-Up. If you are unable to return a Bike to an authorized parking area due to valid reasons (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 Bike up, we may charge you a pick-up fee of up to USD$120. If you just abandon a Product in a place it shouldn’t be left, you’ll be responsible for the lost Bike fee and/or all associated fees until it’s recovered. We may change these amounts at our discretion and without notice.
5.3 DAMAGED BIKES
We expect that other than normal wear and tear, you’ll return (meaning locking up and/or deactivating) a Bike in the same condition in which you received it. If you damage it (accidentally or intentionally), or fail to properly return it and damage occurs, you’ll be responsible for the associated costs. You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Bike has been returned in a damaged state. BestoEPV will attempt to contact You before charging your Security deposit using the telephone or contact information You provided.
6 REFUND
As a policy, we do not offer refunds for your use of our Services, and any exceptions to this policy is at our sole discretion
YOUR OLIGATIONS, SSUMPTION OF RISK, RELEASE, INDEMNITY AGREEMENT, DISCLAIMERS, LIMITED LIABILITY
7 YOUR OBLIGATIONS
7.1 You are personally responsible for:
a) each Bike and yourself
b) all items that you transport on a Bike or in the Bike basket and
c) the Charges that you incur from time to time, we may require information in respect of use
of a Bike by you. At our request, you agree to provide:
7.2 From time to time, we may require information in respect of use of a Bike by you. At our request, you agree to provide:
a) your name and address and
b) details of each journey, including the date and time that you used a Bike and route taken
7.3 When using a Bike, you must:
a) comply with these terms and conditions and all applicable laws
b) have due regard to the Tips for Safer Cycling
c) check that the Bike (including, without limitation, the tyres, brakes, saddle and bell) is road worthy
d) abide by the Highway Code
e) observe all traffic signs and signals
f) use the Bike reasonably, considerately and responsibly
g) take reasonable care of the Bike
h) when returning a Bike to a public free Bike Parking spot, at a public free Bike Parking spot to end the Period of Use and avoid theft of and damage to the Bike
7.4 You must not;
You must not use a Bike to provide or operate a courier service or other business.
You must not give, lend or sell the Bike to any other person or allow any other person (other than an Additional User) to use a Bike.
You must not damage, deface or vandalize the Bike, lock or any of our equipment or property in any way
You must not load the:
a) Bike basket with a load of more than 30 lbs or any object which overhangs the basket
b) Bike with a total weight of more than 300 lbs
c) Bike with more than one person at a time or
d) Bike basket with any animals, children or persons
You must not carry:
a) Dangerous, hazardous or flammable substances or
Any object that is:
c) Likely to cause injury to you or injury or offence to any other person
d) Likely to cause damage to the Bike, any other person or property or Prohibited at law
You must not:
e) use the Bike for racing or stunt or trick-riding
f) dismantle or tamper with the Bike (or in any way attempt to do so)
g) add or attach accessories or trailers to the Bike or
h) use the Bike in an antisocial manner, i.e. a manner that causes or is likely to cause harassment, alarm or distress to others
While riding a Bike You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating the Bike.
You must not operate a Bike while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Bike.
You must not carry a second person on a Bike.
You must not park or lock any Bike in any place like pay parking lot, inside residence or community other than legal public parking area.
You must not use any locking mechanism, other than the locking mechanism provided by BestoEPV at the Public free Bike Parking spot, to lock a Bike.
You must agree to comply with any local laws regarding the use and operation of a Bike.
You must not dismantle, write on, or otherwise modify or deface a Bike or any part of a Bike in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bike in any way. You must not use a Bike for any advertising or similar commercial purpose.
You must not operate a Bike in poor or dangerous weather conditions, including hail, ice or electrical storms, which could make it more dangerous to operate the Bike. You are advised to adjust Your riding behavior and braking distance to suit the weather conditions, and you must promptly act in a safe manner and return Your Bike to an available Public free Bike Parking spot when necessary and prudent to do so.
8 ASSUMPTION OF RISK BY MEMBER/CUSTOMER/USER.
8.1 Each Customers/Members/Users solely and fully responsible for the safe operation of the Bike at all times.
8.2 Each Customers/Members/Users agrees that the Bike is a machine that may malfunction, even if the Bike is properly maintained, and that such malfunction may cause injury. Member agrees that riding the Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Customers/Members/Users or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You understands that these risks, dangers, and hazards include, but are not limited to those from failure to ride the Bike safely; loss of balance or control; weather conditions; mechanical or structural failure of the Bike; unexpected actions of others; failure by the Customers/Members/Users to anticipate the actions of others; irregular roadway or other surfaces; falling; collision with motor vehicles, Bikes, or pedestrians; and collision with natural or man-made objects or obstructions. Each Customers/Members/Users also understands that failure to wear a helmet increases the risk of injury or death from these risks, dangers, and hazards.
8.3 Despite the risks involved in the operation of the Bike and as consideration for being allowed to use the Services, You agree that such risks, dangers, and hazards are the Customers/Members/Users sole responsibility, and YOU AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with use of the Services. Customers/Members/Users agree that if the use of any of the Services causes any injury or damage to another person or property, the Customer/Member/User may be liable for all resulting injuries, damages, and related costs.
9 RELEASES
9.1 The CUSTOMER/MEMBER/USER AGREES NEVER TO SUE AND TO RELEASE FROM LIABILITY the BestoEPV and its partners for any and all Claims resulting from, arising out of, or in any way connected with (a) any of the Services, including any of the Bikes or related information, or (b) Member’s use of the Services.
9.2 Member understands that this RELEASE OF LIABILITY will prevent Customer/Member/User and the Customer’s/Member’s/User’s heirs from filing suit or making any Claims in the event of injury or death arising from the use of the Services. Customer/Member/User UNDERSTANDS THIS IS A RELEASE OF LIABILITY AND AGREES THAT IT IS VALID FOREVER, and will apply whenever the Customer/Member/User uses the Services.
9.3 As used in this Agreement, "Participating Entity" or "Participating Entities" means any entity or entities that provides or provided funding for any Services or components for any Services made available to the Customer/Member/User including, but not limited to BestoEPV.
9.4 As used in this Agreement, "Claims" means any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), suits, proceedings, obligations, debts, liens, fines, charges, penalties, forfeitures, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent).
10 INDEMNITY AGREEMENT
Customers/Members/Users agree to hold harmless, defend and indemnify all Released Persons from and against any and all Claims brought by the Customer/Member/User, on behalf of Customer/Member/User or Customer’s/Member’s/User’s estate, or by any other person arising out of, or in any way connected with the use of the Services. In the event that the Customer/Member/User executes this Agreement on behalf of another person, and in the event that the other person brings any Claims against any of the Released Persons, the Customer/Member/User agrees to hold harmless, defend and indemnify all Released Persons against such Claims.
11 DISCLAIMERS
To the fullest extent permitted by law, and with respect to the Customer’s/Member’s/Users use of any of the Services, Bikes, or related information, BestoEPV and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Services, Bikes, and related information are provided "as is" and "as available". BestoEPV and all other Released Persons do not represent or warrant that any of the Services, Bikes, or related information will be in good repair or error-free, and delays, omissions, interruptions, or inaccuracies could exist with respect to any of the Services, Bikes, or related information. Customer/Member/User assumes full responsibility and risk of loss for using any of the Services, Bikes, or related information, and BestoEPV and all other Released Persons are not liable for any and all Claims attributable to any of the foregoing.
12 LIABILITY
Customers/Members/Users hereby acknowledges and agrees that BestoEPV and all other Released Persons are not responsible or liable for any Claims, including those that arise out of or relate to the following (a) any risk, danger, or hazard described in this Agreement, (b) Customer’s/Member’s/User’s use of, or inability to use, any of the Services, Bikes, or related information, (c) Customer’s/Member’s/User’s breach of this Agreement or violation of any federal, state, or local law, (d) any negligence, misconduct, or other action or inaction by Customer/Member/User, (e) Customer’s/Member’s/User’s failure to wear a Bike helmet while using a Bike, or (f) any negligence, misconduct, or other action or inaction of any third party. Customer/Member/User hereby waives all Claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if BestoEPV or any of the other Released Persons have been advised of the possibility of such claims. The total liability of BestoEPV and all other Released Persons for all such Claims, including those based in contract, tort (including negligence), statutory, or other grounds, is limited to the sum of USD100.
13 ADDITIONAL TERMS OF USE
13.1 You represent, warrant, and agree that You are a safe and competent Bike operator, You are sufficiently fit and physically capable to safely ride a Bike without any risk to Your health, You are knowledgeable about the operation of a Bike, and You are knowledgeable about the laws pertaining to Bikes operated by BestoEPV. Like any physical activity, riding a Bike may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Bike, You assume all responsibilities and risks for all such injuries or other medical conditions.
13.2 You represent, warrant, and agree that BestoEPV and the other Released Persons are not responsible for providing or maintaining Bike lanes or any other place where You may ride Bikes, and that BestoEPV and the other Released Persons do not guarantee that there will always be a safe place to ride a Bike. Roads, Bike lanes, and Bike routes may become dangerous due to weather, traffic, or other hazards. You must not use a Bike for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated Bike routes.
13.3 You represent, warrant, and agree that BestoEPV and Participating Entities are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. BestoEPV and the other Released Persons provide Bikes only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement.
13.4 You agree that access to the Services is denied to any person less than 18 years of age.
13.5 You must report to the police and to BestoEPV Customer Services at 1 268 773 3781 as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bike, (ii) any vandalism of any of the Services, and (iii) any stolen or lost Bike.
14 LIMITATIONS ON AVAILABILITY OF SERVICES
BestoEPV makes every effort to provide its Services for 365 days per year; however, We do not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent BestoEPV from providing the Services from time to time. Access to the Services also is conditioned on the availability of Bikes and available space of free Bike parking area. BestoEPV does not represent or warrant the availability of any Services or the availability of any Bikes or free Bike parking area. No sponsor of BestoEPV has any responsibility for providing any Services. You agree that BestoEPV may require you to return a Bike at any time.
MISCELLANEOUS
15 EXCLUSION AND SUSPENSION
15.1 If at any time you do not comply with these terms and conditions and/or any applicable laws or fail to have due regard to the Tips for Safer Cycling while using a Bike, we reserve the right to exclude or suspend you from using BestoEPV in accordance with the User Policy.
15.2 Information obtained by the police regarding non-compliance with these terms and conditions, any applicable laws and/or the Tips for Safer Cycling while you are using a Bike may be disclosed to us and we may use such information to exclude or suspend you from using BestoEPV.
15.3 If you are excluded or suspended from using BestoEPV or we have reason to believe that you have used or attempted to use a payment method to defraud us, we may cancel your remaining Bike Access Period without payment of any refund to you, in accordance with the User Policy.
16 COMPLAINTS AND DISPUTE RESOLUTION
16.1 As part of our standard enquiry and complaints handling process, we will:
(a) record details of all enquiries and complaints that we receive; and
(b)consider and respond to each enquiry and complaint in accordance with our Complaints Handling Policy.
16.2 Before bringing a formal legal case, please first try contacting our Customer Support. Most
disputes can be resolved that way. If the dispute is not resolved by us, this Agreement will be interpreted by the laws of ANTIGUA & BARBUDA and any lawsuit or arbitration must be brought in the country of ANTIGUA & BARBUDA. If any portion of this agreement is found unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.
17 TERM AND TERMINATION
17.1 The term of this Agreement begins when You first use the Services, and the term ends after Your last use of the Services; however, it is agreed that Your personal financial responsibility under this Agreement, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, BestoEPV may unilaterally terminate Your right to use any of the Services, in BestoEPV’s sole discretion and without any notice or cause.
17.2 You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by BestoEPV, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.
18 NOTICES
You may contact BestoEPV in writing, calling, or emailing BestoEPV at the street address, telephone number, and email address listed below:
Telephone: 1 268 773-3781/268 773-3782
Email: info@bestoepv.com
Address: Hodges Bay
St. John’s
Antigua
19 WAIVERS
19.1 No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
19.2 For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:
(1) give Your full and unconditional consent to BEstoEPV and its affiliates, successors, and assigns and the Participating Entities to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity;
(2) grant to BestoEPV and its affiliates, successors, and assigns and the Participating Entities
(a) the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as BestoEPV may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and;
(3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
20 CUMULATIVE REMEDIES
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by the laws of Antigua & Barbuda.
21 CONTRACT INTERPRETATION
This entire Agreement will be interpreted by the laws of ANTIGUA & BARBUDA
The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not be exclusive in its meaning. "Including" means "including, but not limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
MEMBER AGREEMENT TO BIKE USER AGREEMENT
I certify that I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Agreement.
END HERE
