Terms of Use

Conditions of Use

Welcome and thank you for visiting this site (the "Site"), which is owned and operated by KVCycles (collectively, "Kootenay Valley Cycles", "Us" or "We"). These Terms of Use ("Terms") are provided by KVCycles and are applicable to all KVCycles operations at or through our Websites, our mobile/tablet sites, our social media presence, our applications, and our stores/locations. The Site is the property of KVCycles, and We provide these Terms subject to the following conditions.

KVCycles Website Terms of Use

For information on privacy issues please also see our Privacy Policy.

Terms & Conditions

By accessing our Website, kvcycles.com, you, the user, agree to the terms and conditions set out here. These terms and conditions may change at any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.  By using kvcycles.com, you signify your acceptance of these Terms and Conditions.

Use of and orders placed on this website are governed by the laws and the courts of the province of British Columbia, and by the applicable laws of Canada. The user is also responsible for complying with these laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

We may correct errors or inaccuracies and change or update information on this website at any time without notice, including prices and item availability. All sizes and weights quoted are approximate. All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed on this site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.

We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, We are not responsible for delivery delays beyond our control.  All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.

Copyright Considerations

All text, graphic content, video, audio on this site, its organization and presentation, and our organization and domain name are the property of KV Cycles, and are protected under the copyright laws of Canada and other countries. The materials on this site may not be copied, reproduced, posted, displayed, distributed, sold, transferred or modified in any way without the express written consent of KVCycles. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only. The republication or use of these materials on any other Website without prior written consent is prohibited, and all rights are reserved.

The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of KVCycles and others, and use of them is prohibited.

Images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.

Use

The kvcycles.com website is not intended for use by children under the age of 13. Use of the kvcycles.com Website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to KV Cycles and without any liability whatsoever, We may, at any time and without notice terminate or restrict your access to any component of kvcycles.com.

KVCycles reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if KVCycles believes that customer conduct violates applicable law or is harmful to the interests of KVCycles or any Third Parties.

All sizes quoted are approximate. Some items shown may require assembly.

Username and Password

Your kvcycles.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized KVCycles representative. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of KVCycles, and may be cancelled or suspended at any time by Us without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Us of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

User Provided Content

KVCycles enables visitors to kvcycles.com to provide Us with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Us the right to use the name you submit with the Customer Content, if any, in connection with KVCycles rights hereunder.

By submitting content, users warrant that they have full right and authority to submit that content, and that they have sole copyright and proprietary right over that content. Users may not contribute, post or transmit unlawful, defamatory, indecent, profane or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content We deem inappropriate for any reason whatsoever.

Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in the Terms and Conditions.

 Liability

This Website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the Website is current and contains no inaccuracies or errors, no guarantees are made that the Website's content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, We will correct it as soon as possible and make reasonable efforts to notify affected users.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

KVCycles and our directors and employees are not liable for any damages arising out of or related to access to or use of our site, or sites We link to, whether or not these damages are foreseeable and whether or not We have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.

In no event shall KVCycles or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of kvcycles.com or content found herein, the operation of the Web site, or any failure or delay in the operation of the Website (including, but not limited to the inability to use any component of thebikeshop.com for purchases) even if advised of the possibility of damages.

Indemnification

You shall indemnify and save harmless KVCycles and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of kvcycles.com.

This agreement between KVCycles and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.