Terms & Conditions Applicable To All Bikety, LLC Services
Please read these Terms of Service (the “Terms” or “Terms of Service”) carefully before using any of the services offered by Bikety LLC (referred to as “Bikety”, “us”, “we” or “our”).
Bikety is a provider of bike room and bike storage (“Bike Room”) facility management, and further offers bike repair and maintenance, products, services and storage (the “Services”). For example, the Services may include routine maintenance of various bike components and the repair or replacement of worn or inoperable bike parts. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users and others who wish to access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Services.
Prior to using the Services, you will be required to create an account with us. By creating an account, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and access to the Services. You agree that you will provide us with a valid email address at the time you request the Services, and that all notices between you and Bikety may be delivered via email at the address you have provided.
If you wish to purchase any product or obtain any Services (“Purchase”), you will be asked to supply information including your credit card number, the expiration date of your credit card, your billing address, your email address and the location where you would like your bike returned following completion of the Services. You affirm that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true and complete. We may employ the use of third party services in facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties. We reserve the right to refuse or cancel your order at any time. Unless otherwise specified by us in writing, payment for all Purchases is due and shall be paid at the time your bike is returned to your possession or the Bike Room.
Compliance with Third Party Agreement(s)
If your bike is located or stored in a Bike Room, then you agree to keep and perform all requirements for storing your bike in the Bike Room, including any agreement(s) or obligations you may have with any third party relating to the storage/use of your bike and the Bike Room.
You further agree that you have no proprietary right to the bike room and your right to use the bike room terminates when your account is closed. Upon termination of your account you shall immediately remove your bike from the bike room. Bikety has the absolute right to remove and dispose of your bike and shall have no responsibility or accountability for any of the bikes removed. You are responsible for the costs of removal.
Bikety reserves the right to remove any unclaimed bike that is being stored in the bike room..Residents will be informed of the removal and will then be granted a period of 2 months to claim their bikes and register on Bikety.com or remove them. . If the bike is not claimed within the 2 month period, they become the property of Bikety.
The building owner-management company will have no responsibility in any of these purchases or in any bikes removed by Bikety.
These Terms shall be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services. In the event you breach any of these Terms, or in the event of any dispute, claim or controversy relating thereto, you shall pay Bikety all its expenses actually incurred, including attorney fees, resulting from any ensuing litigation to the extent Bikety prevails in such litigation.
Modification of Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services. The Terms may not be amended or changed orally or by custom or course of conduct.
Limitation of Liability
The building owner and/or property manager of the location where the Bike Room is located are not responsible for any of the Services we perform, or any losses or damages that may occur as a result of the Services. You hereby agree to indemnify defend, protect and hold building owner and/or property manager, its members, managers, officers, directors, employees, agents and lenders harmless from any and all claims, demands, liabilities, damages, judgments, orders, decrees, actions, proceedings, fines, penalties, costs and expenses, including without limitation, court costs and reasonable attorneys’ fees, arising from or relating to the Services.
If Bikety is managing the Bike Room where your bike is located, Bikety and its agents shall not be responsible for any damage to your bicycle while stored in the Bike Room, nor any loss by fire, theft or other hazard. Bikety shall not be responsible, and hereby disclaims all liability, for any loss, costs, attorney fees, injury or death as a result of any upgrades, alterations, adjustments, repairs or servicing that are carried out as part of our Services. It is understood and agreed that you shall keep and maintain insurance on any bike (i) being stored in the Bike Room, and/or (ii) on which you are having the Services performed. Bikety shall not be responsible to maintain insurance on your bike or for any personal injuries or other damages arising from the use of your bike. You store and use your bike at your own risk.
If you authorize Bikety to pick up your bike at your unit, you do so at your own risk and agree to hold Bikety harmless for any loss, damage or expense caused by your authorization and request to Bikety to pick up your bike.
You agree to indemnify and hold Bikety harmless from any loss, damage, or expense caused by your use of the bike and/or the Bike Room.
When the user requests a service, Bikety will inspect the bike and send a quote with the recommended service and repairs for the bike. Bikety shall only make those repairs as quoted and not be responsible to make any other repairs or services. Bikety disclaims liability and responsibility as set forth above for your proper operation of the bike and continue maintenance of it.
This agreement is not assignable by you nor shall you permit anyone other than the undersigned to use the Bike Room without the written consent of Bikety.
We take your privacy very seriously and carefully protect any and all information entrusted to us. We only collect information that helps us serve you better and that you voluntarily provide. We do not share your information with anyone else unless you’ve approved of such sharing in advance.
The following types of information may be collected as part of the Services:
- your e-mail address
- your first and last name
- your street address, city, state and ZIP Code
- your credit card information for Purchases
You may receive periodic email messages from us with information on new products, services or upcoming events. If, later, you decide you no longer wish to receive such messages, you may let us know by sending an e-mail to us. To ensure we correctly identify you (many names are similar), please be sure to include your complete name and address and all e-mail addresses that may be associated with your Account. This helps us accurately locate your information in our file. Such information will only be used to comply with your request. We will not share your credit card information other than as necessary to process a Purchase.
By Registering and Creating an account, you acknowledge that you have read the terms of service, you understand each term and condition, and agree to abide by each provision.