TERMS OF SERVICE

TERMS OF SERVICE

This Terms of Service will govern your use of our website located at gobikeinc.com (the “Site”), the Go Bike Application accessible through a mobile device, and any third-party platforms and services approved or used by Go Bike (collectively, the “Services”). PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT AND GOVERNS YOUR USE OF THE SERVICES AND YOUR RELATIONSHIP WITH GO BIKE. BY ACCESSING THE SITE OR USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE AND ANY FUTURE REVISIONS. IF ANY OF THE TERMS ARE NOT ACCEPTABLE TO YOU PLEASE DO NOT USE THE SITE OR GO BIKE’S SERVICES.

1. Acceptance of Terms:
 By accessing or using the Site and Services, and/or creating an account with Go Bike, you agree to be bound by the terms and conditions of this agreement. If you do not agree to the terms and conditions of this agreement, do not use the Services or access the Site. You must be at least 18 years old to use the Services. You represent and warrant that you are at least 18 years old. If you are under the age of 18, then you must at all times use the Services with permission from, and under the supervision of, a parent or legal guardian. Go Bike reserves the right to modify or supersede this agreement at any time and without notice. Your continued use of the Services constitutes consent and agreement to any revisions to this agreement. You may not modify this agreement. You agree to review the agreement on a regular basis and remain in compliance at all times.

2. Privacy Policy:
 Your use is subject to our Privacy Policy, which may be modified from time to time and is incorporated into this agreement by reference. For more information, see the Go Bike Privacy Policy at www.gobikeinc.com. You understand that through your use of the Services you consent to the collection and use, as set forth in the Privacy Policy, of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Go Bike and its affiliates.

3. Registration:
 In order to access some of the Services, you may be required to create a separate account and password that can be obtained through our online registration form. This form may require specific information, including your first and last name, email address, birth date, and address, and you are required to maintain and update your information as requested or as may be necessary. By registering, you agree that all information provided is true and accurate and that you will maintain and update this information in order to keep it current, complete, and accurate. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. We will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. The information we obtain through your use of this Site is subject to our Privacy Policy.

4. Payment of Fees: If you reserve a bike or subscribe to the Services that require payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Site, we will bill your credit or debit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit or debit card information and your name, address and telephone number, and to provide us with any changes in such information within one day of the change. If for any reason your credit or debit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

5. Children:
 The Site and Services are not intended for persons under 13 years of age. By using the Services, you certify that you are at least 18 years of age or in the alternate you certify that you are the parent or legal guardian of the User and have read and agreed to the terms and conditions set forth on behalf of yourself and the User, and you authorize the use of the Site and Services by the minor User.

6. Credit Card / Debit card Service Provider:
 We only accept payments through our approved payment service providers. We reserve the right to update our credit card / debit card service provider at a time. You agree to be bound by our credit card / debit card service providers terms and conditions. Go Bike will automatically renew and bill User’s valid credit card, debit card, or information for direct withdrawal from a bank account or other approved purchase order information (“Designated Payment Method”). If requested by you, and agreed to by Go Bike, Go Bike will issue an invoice to you for amounts due as provided in this agreement. You hereby consent to G Bike charging User’s Designated Payment Method as amounts are due and Go Bike shall not be required to obtain any further consent from you in order to charge such Designated Payment method. Unless Go Bike in its discretion determines otherwise, you will be billed and shall pay in U.S. dollars for our business in the United States of America or Nigerian Naira for business in Nigeria. You shall be responsible to reimburse Go Bike for any costs of collection of amounts due hereunder, including attorney’s fees and court costs.

7. Changes in Services and Pricing:
 We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. All pricing for the products and services available on our Site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, errors in advertisements and other extenuating circumstances.

8. Chargeback Policy:
 All references to a “chargeback” refer to a reversal of a credit/debit card charge. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. You agree to immediately contact Go Bike if you feel that your credit/debit card was used fraudulently in connection with the Services. You agree to repay Go Bike all costs and expenses incurred as a result of any chargeback your file.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK, IN ADDITION ANY CHARGEBACK FEES LEVIED BY A PAYMENT SERVICE PROVIDER, BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

9. Submitted Content:
 Go Bike does not claim ownership of any information which you submit, disseminate, or otherwise make available through the Go Bike Services or communicate to Go Bike (collectively “Submissions”). However, you hereby grant to Go Bike a worldwide, royalty-free, perpetual, non-exclusive, sublicensable, and transferable license to use, distribute, reproduce, modify, adapt, publically perform, and publically display, in whole or in part, Submissions for any purpose, and to incorporate Submissions into other works in any format or medium known or later developed. You agree to the Submission Rules found here as part of this agreement and/or provided through the Go Bike Services. Go Bike shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Go Bike Services or products. You acknowledge that you are fully responsible for all Submissions, including their legality, reliability, appropriateness, originality, and copyright. You hereby represent and warrant that your Submissions do not infringe the rights of any third party.

10. License to Use the Services:
 You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property law and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Go Bike or the applicable licensor, such as an advertiser, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, in whole or in part.

11. User’s Materials:
 Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non- confidential and non-proprietary. You retain all rights in such communications or material, but you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, public, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium in which it is used.

12. Third Party Interactions:
 During use of the Site, you may enter into correspondence with, purchase services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Site. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. Go Bike shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party. Go Bike does not endorse any sites on the Internet that are linked through its Site. Go Bike provides these links to you only as a matter of convenience, and in no event shall Go Bike be responsible for any content, products, or other materials on or available from such sites. Go Bike provides products to you pursuant to the terms and conditions of this agreement. You recognize, however, that certain third-party providers of ancillary software, hardware, or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware, or services.

13. Product Disclaimers:
 Disclaimers of Warranty. GO BIKE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. GO BIKE DOES NOT REPRESENT OR WARRANT THAT
(A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR- FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;
(B) THE SITE OR GO BIKE’S SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(E) ERRORS OR DEFECTS WILL BE CORRECTED; OR
(F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GO BIKE.

14. Limitation of Liability:
 IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU FOR THE PRODUCTS OR SERVICES GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.

15. Indemnification:
 You agree to defend, indemnify, and hold harmless Go Bike, its subsidiaries, affiliates, officers, agents, employees, partners, licensors, and advertisers from all liabilities, claims, demands, and expenses, including attorney’s fees, made by any third party that arise from your submissions, your use of the Go Bike Services, or your connection to the Go Bike Services, your violation of this agreement, your violation of the Go Bike Privacy Policy, or your violation of any rights of another. Go Bike reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Go Bike in asserting any available defenses.

16. Intellectual Property:
 All trademarks, logos, service marks, and content on the Site, including, without limitation, text, photographs, videos, music, sounds, designs, graphics, images, and the selection and arrangement thereof, are the property of Go Bike, its licensors, or other third parties and are protected by trademark, copyright, or other intellectual property laws. You may not use any trademarks, logos, services marks, or content on the Site without obtaining prior written authorization from the owner. Additionally, you acknowledge that the products created by Go Bike are protected by United States and Nigeria copyright law. By purchasing items from Go Bike, you are not granted any express or implied licenses in the copyrights owned by Go Bike. Go Bike reserves all intellectual property rights.

17. Notice: Go Bike may give notice by means of a general notice on the Site, electronic mail to your email address on record in Go Bike’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Go Bike’s account information. You may give notice to Go Bike (such notice shall be deemed given when received by Go Bike) at any time by sending an email to support@gobikeinc.com.

18. Modification to Terms: Go Bike reserves the right to modify the terms and conditions of this agreement or its policies relating to its products and services at any time, effective immediately upon posting of an updated version of this agreement on the Site. You are responsible for regularly reviewing this agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

19. Termination: You agree that Go Bike may, without prior notice, immediately terminate, suspend, or otherwise limit your access to or use of the Services. Cause for such termination, limitation of access, or suspension shall include but not be limited to:
(a) breaches or violations of this agreement or other
incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) discontinuance or material modification to the Services (or any part thereof);
(d) unexpected technical or security issues or problems;
(e) extended periods of inactivity;
(f) engagement by you in fraudulent or illegal activities; and/or
(g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access, and suspensions for cause shall be made in Go Bike’s sole discretion and that Go Bike shall not be liable to you or any third party for any termination of your Account or use of the Services.

20. General:
 This agreement shall be governed by Delaware law and controlling United States federal law and Nigeria’s law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this agreement or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, United States of America, and Nigeria. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Go Bike as a result of this agreement or use of the Site. The failure of Go Bike to enforce any right or provision in this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Go Bike in writing. This agreement, together with any applicable form and policies, comprises the entire agreement between you and Go Bike and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

21. Questions or Additional Information. If you have questions regarding this agreement or wish to obtain additional information, please send an e-mail to support@gobikeinc.com

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