This page describes or links to, all the terms, safety information, and policies that westlakeebikes.ca (the “Site”, “we” and “our”) uses to assist you in having a highly positive experience with our products and services, and help you understand how we will conduct business. You must agree to, and read all Terms, Safety Rules, and Policies before using any of the products, or services.
Safety
Rental Safety Rules:
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.
Terms of Service
The Terms:
OVERVIEW
This website is operated by Westlake Adventure Sports Inc under the domain westlakeebikes.ca. Throughout the site, the terms “we”, “us” and “our” refer to Westlake Adventure Sports Inc under the domain westlakeebikes.ca. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
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.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, 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.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – 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.
SECTION 12 – 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.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Westlake Adventure Sports Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Westlake Adventure Sports Inc, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – 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.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@westlakeebikes.ca.
The Westlake Adventure Sports Inc., PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION.:
* * * PLEASE READ THIS DOCUMENT CAREFULLY * * * *
BY SIGNING IT IN THE WAIVER, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY
BY SIGNING THE WAIVER AND AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) AND/OR THEIR GUARDIANS TO SUE Westlake Adventure Sports Inc. FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF Westlake Adventure Sports Inc, INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS.
I WILL ONLY VISIT THE PARK IF THE FOLLOWING APPLY: (1) You are willing to use bikes and conduct yourself in a calm and courteous manor. (2)You are healthy enough to participate, and do not have symptoms of any transmittable disease such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well. (3) You do not live with or visited a person or family member that has been diagnosed with or suspected of having a transmittable disease; (4) you understand the site where our activities occur may be on a shared space with other users who do not want to be interacted with, approached, or visually seen in the case of privately booked events. To achieve this the route you use to depart the staging location may be different than the one used to return back to the stagging location.
ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Westlake Adventure Sports Inc, its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement – Westlake Adventure Sports Inc.
PLEASE TAKE YOUR TIME AND READ CAREFULLY
BY SIGNING THIS DOCUMENT, YOU WILL GIVE UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE!
TO:
Westlake Adventure Sports Inc. (hereinafter “Westlake Adventure Sports”)*
IN EXCHANGE FOR Westlake Adventure Sports allowing me or my child to participate in adventure sports activities, I agree to the following 10 points:
- I understand and accept the risks associated with Westlake Adventure Sports electric assist, watersports, and other activities, including the possibility of physical or emotional injury, paralysis, death, and property damage. I understand that this agreement applies not only to use of the trampolines, but also all other equipment, and all activities and games at the Westlake Adventure Sports Facility. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Specific risks of electric assist sports and other activities include: cuts and bruises, muscle and joint sprains and strains, broken bones, equipment failure, falling off of equipment, participants falling or landing on each other or any surface, tricks, stumbles, and bumps or potholes. Westlake Adventure Sports employees have difficult jobs to perform. They seek to create a safe environment, but they are not perfect. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions. They cannot watch all participants at all times. The equipment being used might malfunction. I VOLUNTARILY ACCEPT AND ASSUME ALL OF THE RISKS ASSOCIATED WITH TRAMPOLINE ACTIVITIES AT WESTLAKE ADVENTURE SPORTS AND I CHOOSE TO PARTICIPATE DESPITE THE RISKS.
- I acknowledge that, in addition to the risks described above, my participation or my child’s participation in night time activities entails additional and unique risks due to reduced lighting. I understand that the reduced lighting during night time can affect depth perception and visibility and may cause me or my child to fall, slip, misstep, collide with other jumpers, or collide with equipment. I agree, on behalf of myself or my child, to accept and assume all of the risks associated with night time activities and voluntarily agree to participate in them despite the added risks.
- If I am signing this Agreement on behalf of my child, I confirm that I have assessed the risks associated with Westlake Adventure Sports activities, in light of the specific abilities and circumstances of my child, and I VOLUNTARILY ALLOW MY CHILD TO PARTICIPATE in Westlake Adventure Sports activities and other activities despite the risks. I therefore agree that if my child is injured during Westlake Adventure Sports activities and other activities, I will accept all responsibility and liability for such injuries.
- I confirm that I have read or heard or seen the rules governing my or my child’s participation in Westlake Adventure Sports activities and other activities. I understand that Westlake Adventure Sports rules have been implemented for the safety of all participants, and I have explained the rules to my child. I understand that my or my child’s failure to follow Westlake Adventure Sports rules could result in damage, expense, injury, or death. I acknowledge that my or my child’s failure to follow the rules could result in expulsion from Westlake Adventure Sports.
- I agree to GIVE UP MY RIGHT TO SUE WESTLAKE ADVENTURE SPORTS for any damage, expense, physical or emotional injury, paralysis, or death that I or my family or estate may suffer as a result of my participation in Westlake Adventure Sports trampoline and other activities, DUE TO ANY CAUSE WHATSOEVER, including Westlake Adventure Sports negligence, the failure to warn or protect me from risks, breach of contract, breach of any other duty of care, or breach of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2. I agree to waive any and all claims that I have or may have in the future against Westlake Adventure Sports, and to RELEASE WESTLAKE ADVENTURE SPORTS FROM ANY AND ALL LIABILITY for any damage, expense, injury, or death.
- I also agree to hold harmless and indemnify Westlake Adventure Sports from any and all liability for any damage, expense, injury or death caused to any third party as a result of my or my child’s participation in Westlake Adventure Sports trampoline and other activities.
- I agree that if any portion of this Agreement is found to be void, unenforceable, or inapplicable, the remaining portions shall remain in full force and effect.
- If I am signing this Agreement on behalf of a child, I confirm that I am the child’s parent or legal guardian, or that I otherwise have legal authority to sign this Agreement on behalf of the child.
- I confirm that have read or have had sufficient opportunity to read this entire Agreement, have understood the terms of this Agreement, and AGREE TO BE BOUND by the terms of this Agreement.
- I agree that In this Agreement, “Westlake Adventure Sports” means Westlake Adventure Sports Inc., and all related companies, affiliates, employees, agents, directors and/or officers.
Policies:
Privacy Policy:
This Privacy Policy describes how westlakeebikes.ca (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.
Collecting Personal Information
When you visit the Site, we collect certain information about your device, your interaction with the Site, and the information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.
Device information
- Examples of Personal Information collected: the version of the web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
- Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
- Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
- Disclosure for a business purpose: For our own marketing and business insights.
Order information
- Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
- Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
- Source of collection: collected from you.
- Disclosure for a business purpose: For our own marketing and business insights.
SHARING PERSONAL INFORMATION
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
- We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful requests for information we receive, or to otherwise protect our rights.
Using Personal Information
We use your personal information to provide our services to you, which include: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights section below.
AUTOMATIC DECISION-MAKING
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
GDPR
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance, whether it’s their first time visiting or if they are frequent visitors.
We use the following cookies to optimize your experience on our Site and to provide our services.
COOKIES NECESSARY FOR THE FUNCTIONING OF THE STORE
Name | Function |
---|---|
_ab | Used in connection with access to admin. |
_secure_session_id | Used in connection with navigation through a storefront. |
cart | Used in connection with the store’s cart |
cart_sig | Used in connection with checkout. |
cart_ts | Used in connection with checkout. |
checkout_token | Used in connection with checkout. |
secret | Used in connection with checkout. |
secure_customer_sig | Used in connection with customer login. |
storefront_digest | Used in connection with customer login. |
REPORTING AND ANALYTICS
Name | Function |
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_tracking_consent | Tracking preferences. |
_landing_page | Track landing pages |
_orig_referrer | Track landing pages |
*handled by google* | Google Analytics. |
Google Analytics records anonymized data about how you use our website.
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
DO NOT TRACK
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Changes
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Contact
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at our email or by mail using the details provided below:
Last updated: 19/02/2021
Refund and Return Policy:
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.
Cancellation Policy:
Booking Cancellation
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 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) forecasted per hour for any hour inside your rental duration.
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.
Shipping Policy:
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.