This page describes or links to, all the terms, safety information, and policies that the company Westlake Adventure Sports Inc. (“Westlake”, or “we”, or “us”, or “our”) and any of its affiliates are governed by. All these documents are hosted here on the website westlakeebikes.ca (the “Site”), and are used to assist you in having a highly positive experience with our products and services, and help you understand how we will conduct business. You agree to, all Terms, Safety Rules, and Policies by using any of the products, or services we offer or are affiliated with.

Last Changes to Terms of Service: March 12, 2019


The policies below are applicable to Westlake, Inc.’s (“Westlake”, or “we”, or “us”, or “our”) network of websites that link to these Terms of Service (the “Agreement” or “Terms of Service”) (including any versions optimized for viewing on a wireless or tablet device); email newsletters published or distributed by Westlake; apps published by Westlake, including the “Westlake” app; or any other services, interactive features, and communications made available by Westlake, regardless of how accessed and/or used, that are operated by Westlake, made available by Westlake, or produced and maintained by Westlake and Westlake’s related companies (“Services”).
THESE TERMS OF SERVICE SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND WESTLAKE WITH RESPECT TO THE SUBJECT MATTER HEREOF. WESTLAKE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF WESTLAKE’S CONTROL.
BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. For certain of our Services, you may also be required to execute Westlake’s Rental Agreement, Waiver of Liability and Release and/or Privacy Policy.
This is a legal agreement between you (“you” or “user”) and Westlake that states the material terms and conditions that govern your use of the Services. This Agreement, together with all updates, supplements, additional terms, and all of Westlake’s rules and policies collectively constitute this “Agreement” between you and Westlake. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.


2. Access License

Westlake grants you a limited, revocable, non-exclusive and non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies or similar data gathering and extraction tools. Except as expressly permitted herein, neither the Services nor any portion of the Services may be reproduced, sold, resold, visited or otherwise exploited for any purpose without Westlake’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Westlake to you. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

3. Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

4. Copyright and Ownership.

All of the content featured or displayed with respect to the Services, including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Westlake, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, you may not modify any Content or materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work comprising the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights shall remain the exclusive property of Westlake or its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

5. Trademarks/No Endorsement.

All trademarks, service marks and trade names of Westlake used herein (including but not limited to: Westlake’s name, Westlake’s corporate logo, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Westlake or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Westlake Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Westlake’s prior written consent. You shall not use Westlake’s name or any language, pictures or symbols which could, in Westlake’s judgment, imply Westlake’s endorsement in any (i) written or oral advertising or presentation; or (ii) brochure, newsletter, book or other written material of whatever nature, without Westlake’s prior written consent.

6. Account Registration and Security.

You understand that you will need to create an account to have access to the Services. You will: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration, sign-in or subscription page (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or Westlake has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Westlake has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) to you. You are responsible for the security and confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to access the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security relating to your account of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

7. Solicited Submission Policy.

Where Westlake has specifically invited or requested submissions or comments, Westlake encourages you to submit content (e.g. comments to blog posts, participation in communities, tips, etc.)(“User Submissions”) to Westlake that Westlake has created for consideration in connection with Westlake’s official website, https://westlakeebikes.ca (the “Site”). User Submissions remain the intellectual property of the individual user. By posting content on our Site, you expressly grant Westlake a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice and/or likeness contained in your User Submission, in whole or in part, and in any form throughout the world, in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Westlake shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

8. Inappropriate User Submissions.

Westlake does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you, to any other person or to any living being; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not, and will not, engage in any of the foregoing activities in connection with creating your User Submission. Without limiting the foregoing, you agree that in conjunction with your User Submission, you will not inflict emotional distress on other people; will not humiliate other people (publicly or otherwise); will not assault or threaten other people; will not enter onto private property without permission; will not impersonate any other person or misrepresent your affiliation, title or authority; and will not otherwise engage in any activity that may result in injury, death, property damage, diminution of value; and/or liability of any kind. Westlake will reject any User Submissions which Westlake believes, in its sole discretion, involves any of the foregoing. If notified that a User Submission allegedly violates any provision of these Agreement, Westlake reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Submission from the Services at any time and without notice.

9. Inappropriate Material.

You are prohibited from using the Services (i) to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, lude or profane material; (ii) post or send any material that infringes upon or misappropriates third party intellectual property; or (iii) in any manner which could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that Westlake may have at law or in equity, if Westlake determines, in its sole discretion, that you have violated or are likely to violate any of the foregoing prohibitions or any applicable rules or policies contained in or linked to this Agreement, Westlake may take any action it deems necessary to cure or prevent such violation, including, without limitation, banning you from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. Westlake will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

10. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

11. Access and Interference.

You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Westlake’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Westlake Site or any activities conducted on the Services; or (iii) bypass any measures used to prevent or restrict access to the Services.

12. Right to Takedown Content.

Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user’s e-mail or User Content posted to the Services unless (i) required to do so in the course of normal maintenance of the Services and any related systems; (ii) required to do so by law; or (iii) in Westlake’s good-faith belief that such action is necessary to: (a) comply with any law or with legal process served on Westlake or the Services; (b) protect and defend the rights Westlake, Westlake’s property, the Services, or the users of the Services; or (c) act in an emergency to protect the personal safety of our users, the Services or the public. Users shall remain solely responsible for the content of their messages and Westlake shall have no obligation to pre-screen any such User Content; provided, however, Westlake shall have the right, in its sole discretion, to edit, refuse to post or remove any User Content submitted to, or posted on, the Services, at any time without notice. Without limiting the foregoing, Westlake shall have the right to (i) remove any material that it finds to be in violation of the provisions contained herein or otherwise objectionable; and (ii) deny access to the Services, or any portion thereof, to any user who fails to conform to any provision of this Agreement.

13. User Published Content.

User published Content and User Submissions do not represent the views of Westlake or any individual associated with Westlake, and we do not control such User published Content or User Submissions. In no event shall you represent or suggest, directly or indirectly, Westlake’s endorsement of user published Content and User Submissions. Westlake does not vouch for the accuracy or credibility of any user published Content or User Submissions published through or on the Services, and Westlake does not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such User published Content or User Submission. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services and Services, you assume all associated risks.

14. Third Party Links.

From time to time, the Services may contain links to websites that are not owned, operated or controlled by Westlake or its affiliates (the “Third Party Links”). All such Third Party Links are provided solely as a convenience to you. If you use the Third Party Links, you will leave the Services. Neither Westlake nor any of Westlake’s respective affiliates are responsible for any content, materials or other information located on, or accessible through, any Third Party Links or on other websites. Neither Westlake nor any of Westlake’s respective affiliates endorse, guarantee or make any representations or warranties regarding any other websites, including any content, materials or other information accessible through Third Party Links or on any other websites, including any harm or effect to you resulting from your use any other websites. If you decide to access any other websites via Third Party Links, you do so entirely at your own risk.

15. Transactional Partners.

From time to time, Westlake may partner with an unrelated entity to jointly promote their services within our Services. In such instances, you may be transacting directly with such unrelated other party. On those pages or locations, the unrelated party’s brand will be clearly visible and its terms of service will be posted. When using such unrelated party’s pages, you are bound by both the unrelated party’s partner terms of service and by Westlake Terms of Service. When there is a conflict between these Terms of Service and the third party’s terms of service, the Third Party’s terms of service will prevail.
16. Termination.
We may suspend or terminate your right to use the Services at any time, with or without cause. We may also block your access to our Services in the event that (i) you breach these Terms of Service; (ii) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for Westlake, you or our users.

17. Representations and Warranties.

You represent that you (i) are over the age of 18; (ii) have the right and authority to enter into this Agreement; (ii) are fully able and competent to satisfy the terms, conditions, and obligations herein; and (iv) you will use of the Services in full compliance with all applicable laws. You further represent that you have read, understood, agree with, and will abide by the terms of this Agreement. In addition, you represent and warrant that your User Submissions, if any, and all elements thereof, are (i) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant Westlake all of the rights granted by this Agreement; and (ii) Westlake’s use of your User Submissions, as described or contemplated herein, do not, and will not, infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity; violate any law, regulation or right of any kind whatsoever; or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity, privacy and defamation. Furthermore, You shall be solely responsible for your own User Submissions and any consequences resulting from the posting or publishing of such User Submissions.

18. DISCLAIMERS.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WESTLAKE, NOR ANY OF ITS AFFILIATES, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON, OR THROUGH, THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER WESTLAKE, NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, OBTAINED FROM WESTLAKE OR THROUGH THE SERVICES, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

19. LIMITATIONS OF LIABILITY.

WESTLAKE DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL IT BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY, CAUSED BY, OR ARISING FROM, YOUR ACCESS TO, USE OF OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL WESTLAKE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, PROFESSIONALS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USING THE SERVICES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES; ANY MATERIALS RELATED TO THE SERVCIES; OR INFORMATION CONTAINED ON OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN NO EVENT SHALL WESTLAKE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00); OR (B) THE AMOUNT OF FEES YOU HAVE PAID WESTLAKE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

20. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

21. Indemnity.

You agree to defend, indemnify and hold harmless, Westlake and any affiliated entity or individual from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or your placement or transmission of any User Submission or other content, message or information on this Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties set forth herein; (iii) your violation of any third party right, including, without limitation, any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the Government of Canada or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Westlake, including, without limitation, any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

22. Comments, Feedback, and Other Submissions.

If, at our request or unsolicited, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

23. Release.

In the event that you have a dispute with one or more other users of the Services, you release Westlake and Westlake’s officers, directors, agents, professionals, subsidiaries, joint ventures and employees, from any and all claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

24. Force Majeure.

Neither Westlake nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond such party’s reasonable control, including, without limitation: (i) fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; (ii) any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; (iii) labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; (iv) inability to secure raw materials, transportation facilities, fuel; (v) energy shortages, or (vi) acts or omissions of other common carriers.

25. Privacy.

Data collection and use, including data collection and use of personally identifiable information is governed by Westlake’s Privacy Policy (available at https://westlakeebikes.ca/privacy-policy which is incorporated herein by reference and is made part of this Agreement.

26. Online Store Items.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

27. General.

Any claim relating to, and the use of, these Services and the materials contained therein, is governed by the laws of Government on Ontario and the home governing province of Westlake. You consent to the exclusive jurisdiction Ontario Canada. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon, or relating to, these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

28. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. Westlake has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. Westlake has adopted a policy that provides for the removal of any content or the potential suspension of any user that is found to have (i) repeatedly infringed on the rights of Westlake or of a third party; (ii) that has otherwise violated any intellectual property laws or regulation; or (ii) has violated any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will attempt to expeditiously remove or disable access to the any material claimed to be infringing, and we will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is: support@westlakeebikes.ca.
Your notice should include the following information:
• Identify intellectual property that you claim has been infringed
• Identify the material on the Services that you claim is infringing, with enough detail so that we may locate it on the Services
• A statement by you that you have a good faith belief that the use of the intellectual property is not authorized by law, the intellectual property’s owner or such owner’s agent
• A statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate; and (ii) that you are the owner of the intellectual property interest involved or that you are authorized to act on the owner’s behalf
• Your address, telephone number and email address
• Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the below information. To be effective, the counter-notification must be a written communication that includes the following:
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of Canada, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person
• Your physical or electronic signature.

29. Severability.

If any provision of these Terms of Service shall be or become unlawful, void, invalid or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Service and shall not affect the validity and enforceability of any remaining provisions contained herein.

30. Assignment.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Westlake without restriction. Any assignment attempted to be made by you in violation of these Terms of Service shall be void. These Terms of Service will be binding upon and inure to the benefit of the parties hereto, and to such parties’ permitted successors and assigns.

31. Headings.


The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

32. Waiver.


A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Westlake to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

33. Survival.


The provisions of these Terms of Service that are intended to survive the termination of these Terms of Service by their nature will survive the termination or expiration of these Terms of Service.

34. Additional Assistance.

If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, please contact us support@westlakeebikes.ca.
Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2024, Westlake, Inc. and its related companies or its licensors. ALL RIGHTS RESERVED

 

Riding any bike, electrically assisted (“E-Bike”) or otherwise can cause injury or death due to many factions including but not limited to your driver error, another road or bike user error, or operational failure due to the bike’s usage over time. We recommend you not to ride any E-bike unless you feel perfectly confident on a regular bike, know all the E-Bike rules listed below, and know that you can handle more performance.

 

 

Before using our products or services you and everyone who will be operating the bikes have read and fully understands the contents of this page and the content immediately linked to on this page. To use our products and services you are required to read and agree to these terms and policies and understand you do so at your own risk under your own free will.

 

 

The next list is a safety checklist of conditions that must be met before using an E-Bike. You must answer truthfully to all checklist items, if any of the list items are false we do not currently permit you to use any of our products or services but we will help you to the best of our abilities in an extraordinarily kind way to help you pass as true to the questions in a reasonable timeframe or help you have a great time with a different activity. If we find you have been untruthful you will be banned from our products or services for a length of time that is equal to the length of time since the beginning of the observable universe, or since the beginning of the Methuselah star “HD 140283” whichever is longer duration.
Checklist Conditions:

 

 

 

    • Please read through these items and give yourself adequate time to fully understand and consider each item. If you are reading these items at our rental location before you pickup up your bike, do not rush, you are not allowed to rent our bikes without understanding, and considering if you pass each checklist item.

 

 

    • You are 18 years of age or older or have a guardian present that is able to confirm the following items as well as you.

 

 

    • You are not pregnant and do not feel different than your usual self.

 

 

    • You are not under the influence of any drug.

 

 

    • You are not drowsy or in any distracted state of mind.

 

 

    • You have no mental or physical health conditions that would inhibit your ability to safely ride a bicycle.

 

 

    • Your doctor has not discouraged you from riding a bicycle.

 

 

    • You know how to ride a regular pedal bicycle with confidence and have done so this year.

 

 

    • You know you are able to operate an E-Bike while maintaining safety for yourself and others.

 

 

    • You are not apprehensive or have any concerns whatsoever about riding an E-Bike safely for yourself or anyone else. If you do, you will mention them in the booking notes and raise them in person when picking up the bikes if they still exist.

 

 

    • You are not aware of any events that may arise during your use of our products and services that could cause abrupt distraction from your safe use of our products and services.

 

 

    • You will not lend your rental bike to another user whether they are in your group or not.

 

 

    • You agree to ride atleast 50m while under our supervision before heading out away from the shop to ensure the bike fits you well, and you are able to ride it safely.

 

 

    • It is recommended you wear a helmet at all times.

 

 

    • Follow all signage and biking rules. Typical biking rules state when biking alongside public roads bicycles should follow rules as a car would. This typically means not riding on sidewalks, and signaling your turns.

 

 

    • You know proper bike signals, and bicycle road use rules that the government of Canada advocates.
      see here for a complete guide on bike safety – From Canada MTO Source.

 

 

  • You read every list item above under your own free will and were given adequate time, privacy, and means to read each list item and thus properly think about if you truly do render each list item as true.

For Non-Ebike products, Westlake E-Bikes does not allow refunds or exchanges unless there is significant damage from shipment, an incorrect model was received, or factory defects are covered under warranty.

For E-bikes and other ride-able mobility products, Westlake E-Bikes will allow full refunds if requested within 30 days. Refunds will be to the full amount of the original payment minus an administration fee of 15% of the original payment.

To be eligible for a return and refund, your item must be in the same condition that you received it either in or out of the original packaging, and shipping and handling handled at the customer’s expense.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and we will initiate the credit to your original method of payment within 5 business days of the previously mentioned approval date.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next, contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@westlakeebikes.ca.

We only replace items if they are defective or damaged and within the warranty period.
Send us an email at info@westlakeebikes.ca.

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

To return your product, you should mail your product to:

WestLake Adventure Sports Inc.
+1 (613) 242-0837
15786 Loyalist Parkway,
Bloomfield, Ontario, Canada
K0K 1G0

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Contact us at info@westlakeebikes.ca for questions related to refunds and returns.

We approve cancelation requests for any reason up to 48 or more in advance, such cancelations will receive an 85% refund. Cancelations within 48hrs – 12hrs of 8am on the date of booking receive 50%. Finally, within 12hrs, or on the booking day receive no refund.

 

You can receive a full refund minus admin fees of 5% if there is a weather warning issued by the government of Canada for the region you are booking, or there is more than 1mm of rain (also known as light rain by the weather network) ON AVERAGE forecasted for your rental durations. If no rental duration is specified it is over the coarse of 4 hours from your rental booking start.

E-Bike Pre-order Cancellation

 

 

If you ordered a new bike not currently in stock you will be approved for a full refund so long as the order is still in processing, and not yet shipped from the warehouse. Because E-Bike pre-orders are aggregated with other orders to achieve discounted rates for you this processing time will not be on the magnitude of the house but rather on the magnitude of days or weeks.

Most fast-moving items, particularly apparel, are held in stock and printed on demand the next day, you are likely to get those items within 1-2 weeks. However, items that are not fast-moving will have to be ordered from our manufacturing partners, in such cases where our factory has low stock it may take 1-2 months for orders to be delivered, and occasionally longer for special pre-orders. For products that we have in stock at our head quarters in Canada, we will ship out the same week and provide tracking details as soon as possible.

 

 

Once you have placed your order you will receive an email confirming the details of your order. When your order has left our warehouse we will update you again via email with your tracking information.

 

 

We send most of our parcels within Canada with Canada Post or courier service depending on the dimensions, weight, and value of the items. We will ensure you will be able to go to the relevant service’s website, enter your tracking number, and see the current progress of your package.

Westlake reserves the right to modify this policy.