VELOGUIDE INC., through its parent, subsidiaries and corporate affiliates (collectively, “VELOGUIDE”),
provides an online service that enables individuals to research, locate, and book cycling tours and rentals
worldwide. VELOGUIDE offers a variety of cycling tours and services made available by VELOGUIDE’s third
party suppliers through www.VeloGuide.com and its related mobile
applications (collectively, the “Website”). The Website is provided to assist customers in gathering travel
excursion information, posting opinions of travel excursions, engaging in interactive travel forums, and
searching for and booking guiding services and / or a rental bicycle(s) for the purposes of participating in
guided bicycle rides (“Guided Rides”), and for no other purposes.
- ACCEPTANCE OF TERMS
The information and services that VELOGUIDE provides to any person who utilizes the Website (a
TOU at any time pursuant to Section 2 herein. The most current version of the TOU can be reviewed by
- This Agreement, which incorporates by reference other provisions applicable to use of the
Cancellation Policy (Users) and all supplemental terms and conditions set forth herein governing
the use of certain specific material contained in the Website, sets forth the terms and
conditions that apply to use of the Website by User. By using the Website (other than to read
this Agreement for the first time), User agrees to comply with all of the terms and conditions
hereof. The right to use the Website is personal to User and is not transferable to any other
person or entity. User is responsible for all use of any account registered on the Website by
User under any screen name or password (“User’s Account”) and for ensuring that all use of
User’s Account complies fully with the provisions of this Agreement. User shall be responsible
for protecting the confidentiality of User’s password(s), if any.
- VELOGUIDE shall have the right at any time to change or discontinue any aspect or feature of the
Website, including, but not limited to, content, hours of availability, and equipment needed for
access or use.
- CHANGED TERMS
VELOGUIDE shall have the right at any time to change or modify the terms and conditions applicable
to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not
limited to, adding or amending fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be given by means including, but
not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by
which User obtains notice thereof. Any use of the Website by User after such notice shall be deemed to
constitute acceptance by User of such changes, modifications or additions.
- DESCRIPTION OF SERVICES
Through the Website, VELOGUIDE provides User with access to a variety of resources, including
booking services, download areas, communication forums, reviews, testimonials, Guide biographies and
product information (collectively “Services”). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware,
software and other equipment needed for access to and use of the Website and all charges related
- USER CONDUCT
- User shall use the Website for lawful purposes only. User shall not post or transmit through the
Website any material which violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any law, or which, without
VELOGUIDE’s express prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a User that in VELOGUIDE’s sole and absolute discretion
offends any of these provisions or restricts or inhibits any other User from using or enjoying
the Website will not be permitted, and VELOGUIDE may in its sole and absolute discretion either
suspend or terminate the account of any offending User. User shall not use the Website to
advertise or perform any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line information services competitive
- The Website contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music and sound, and the
entire contents of the Website are copyrighted as a collective work under CANADIAN and other
applicable copyright laws. VELOGUIDE owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original to it. User may
not modify, publish, transmit, participate in the transfer or sale, create derivative works, or
in any way exploit, any of the content, in whole or in part. User may download copyrighted
material for User’s personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of VELOGUIDE and the
copyright owner (if applicable). In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
- User shall not upload, post or otherwise make available on the Website any material protected by
copyright, trademark or other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission, and User shall indemnify and hold harmless VELOGUIDE in
respect of any claim, cost, damage, liability or loss resulting therefrom. By submitting
material to any public area of the Website, User automatically grants, or warrants that the
owner of such material has expressly granted VELOGUIDE the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to incorporate it in other works
in any form, media or technology now known or hereafter developed for the full term of any
copyright that may exist in such material. User also permits any other User to access, view,
store, or reproduce the material for that User’s personal use. User hereby grants VELOGUIDE the
right to edit, copy, publish and distribute any material made available on the Website by User.
- The foregoing provisions of Section 5 are for the benefit of VELOGUIDE and its third party
content providers and licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
- USE OF SERVICES
The Services may include, without limitation, email services, e-commerce services, data, documents,
bulletin board services, chat areas, news groups, forums, communities, personal web pages, biographies,
or profiles, calendars, photo albums, file cabinets and/or other message or communication facilities
designed to enable User to communicate with others. User agrees to use the Services only to post, send
and receive messages and material that are proper and, when applicable, related to the particular
Services. By way of example, and not as a limitation, User agrees that when using the Services, User
- Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk
spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other
by intellectual property laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights
have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available
Services in any manner that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any
similar software or programs that may damage the operation of another’s computer or property of
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
advertisement or offer is made in connection with the Services.
Download any file posted by another user of a Service that User knows, or reasonably should
legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or
proper notices or proprietary designations or labels of the origin or source of software or
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services.Violate any code of
other guidelines which may be applicable for any particular Service, including the Website
Policy published by VELOGUIDE
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage information or any portion thereof.
VELOGUIDE has no obligation to monitor the User’s use of the Services. However, VELOGUIDE reserves
the right to review materials posted to the Services and to remove any materials in its sole
discretion. VELOGUIDE reserves the right to terminate a User’s access to any or all of the Services
at any time, without notice, for any reason whatsoever. VELOGUIDE reserves the right at all times to
disclose any information as it deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in VELOGUIDE’s sole discretion.
Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or
dissemination; User is responsible for adhering to such limitations if User downloads the
Always use caution when giving out any personally identifiable information in any Services. VELOGUIDE
does not control or endorse the content, messages or information found in any Services and,
therefore, VELOGUIDE specifically disclaims any liability with regard to the Services and any
actions resulting from User’s participation in any Services.
No person offering guiding services (a “Guide”) or equipment (a “VeloGuide Hub”) on the Website is
authorized as a VELOGUIDE spokesperson, and their views do not necessarily reflect those of
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open a User’s Account, User must complete the registration
process by providing VELOGUIDE with current, complete and accurate information as prompted by the
applicable registration form. User also will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of User’s password and User’s Account. Furthermore, User
is entirely responsible for any and all activities that occur under User’s Account. User agrees to
notify VELOGUIDE immediately of any unauthorized use of User’s Account or any other breach of security
of someone else using User’s password or User’s Account, either with or without User’s knowledge.
However, User could be held liable for losses incurred by VELOGUIDE or another party due to someone else
using User’s Account or password. User may not use or control a User’s Account registered to any other
person at any time, without the permission of the account holder.
- NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services (“Software”) is the copyrighted
work of VELOGUIDE and/or its suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An
end user will be unable to install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.The Software is made available for download
solely for use by end users according to the License Agreement. Any reproduction or redistribution of
the Software not in accordance with the License Agreement is expressly prohibited by law, and may result
in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or
location for further reproduction or redistribution is expressly prohibited, unless such
reproduction or redistribution is expressly permitted by the license agreement accompanying such
software. The software is warranted, if at all, only according to the terms of the license
agreement. Except as warranted in the license agreement, VELOGUIDE hereby disclaims all warranties
and conditions with regard to the software, including all warranties and conditions of
merchantability, whether express, implied or statutory, fitness for a particular purpose, title and
For convenience, VELOGUIDE may make available as part of the Services or in its software products,
tools and utilities for use and/or download. VELOGUIDE does not make any assurances with regard to
the accuracy of the results or output that derives from such use of any such tools and utilities.
Please respect the intellectual property rights of others when using the tools and utilities made
available as part of the Services.
- NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WEBSITE
Permission to use documents including Guide biographies, User profiles, VeloGuide Hub profiles,
white papers, press releases, datasheets, and FAQs (collectively, the “Documents”) from the Services is
granted, provided that (1) the below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.VELOGUIDE and/or its respective suppliers make no representations about the suitability
of the information contained in the documents and related graphics published as part of the services for
any purpose. All such documents and related graphics are provided “as is” without warranty of any kind.
VELOGUIDE and/or its respective suppliers hereby disclaim all warranties and conditions with regard to
this information, including all warranties and conditions of merchantability, whether express, implied
or statutory, fitness for a particular purpose, title and non-infringement.
The documents and related graphics published on the services could include technical inaccuracies or
typographical errors. Changes are periodically added to the information herein. VELOGUIDE and/or its
respective suppliers may make improvements and/or changes in the product(s) and/or the program(s)
described herein at any time.
- NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE
In no event shall VELOGUIDE and/or its respective suppliers, Guides or any VeloGuide Hub be
liable for any direct, special, indirect or consequential damages or any other damages whatsoever
resulting from loss of use, data or profits, whether in an action of contract, negligence or other
tortious action, arising out of or in connection with the use or performance of software, documents,
provision of or failure to provide services, or information available from the services.
- MATERIALS PROVIDED TO VELOGUIDE OR POSTED ON THIS WEBSITE
VELOGUIDE does not claim ownership of the materials User provides to VELOGUIDE (including
photographs, videos, reviews, testimonials, feedback and suggestions) or that User may post, upload,
input or submit to any Services or its associated services for review by the general public, or by
the members of any public or private community, (each a “Submission” and collectively
“Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) any
Submission, User is granting VELOGUIDE, its affiliated companies and necessary sublicensees
permission to use such
Submission in connection with the operation of their Internet businesses (including, without
limitation, all VELOGUIDE Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
Submission; to publish User’s name in connection with any such Submission; and the right to
sublicense such rights to any supplier of the Services.No compensation will be paid with respect to
the use of any
Submission as provided herein. VELOGUIDE is under no obligation to post or use any Submission User
and VELOGUIDE may remove any Submission at any time in its sole discretion. By Posting a Submission,
User warrants and represents to own or otherwise control all of the rights to such Submission as
posting of the Submission.
In addition to the warranty and representation set forth above, by Posting a Submission that contains
images, photographs, pictures, videos or files that are otherwise graphical in whole or in part
(“Images”), User warrants and represents that (a) User is the copyright owner of such Images, or
that the copyright owner of such Images has granted User permission to use such Images or any
content and/or images contained in such Images consistent with the manner and purpose of User’s use
depicted in such Images, if any, has provided consent to the use of the Images as set forth in these
display and reproduction of such Images. By Posting Images, User is granting (a) to all members of
User’s private community (for each such Images available to members of such private community),
and/or (b) to the general public (for each such Images available anywhere on the Services, other
than a private community), permission to use User’s Images in connection with the use, as permitted
limitation, making prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without
having User’s name attached to such Images, and the right to sublicense such rights to any supplier
of the Services. The licenses granted in the preceding sentences for any Images will terminate at
the time User completely remove such Images from the Services, provided that, such termination shall
not affect any licenses granted in connection with such Images prior to the time User completely
remove such Images. No compensation will be paid with respect to the use of User’s Images.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- User expressly agrees that use of the Website is at User’s sole risk. None of VELOGUIDE, its
affiliates nor any of their respective directors, officers, employees, agents, third party
content providers or licensors or any Guide or VeloGuide Hub warrant that the Website will be
uninterrupted or error free; nor do they make any warranty as to the results that may be
obtained from use of the Website, or as to the accuracy, reliability or content of any
information, service, or merchandise provided through the Website.
- The Website is provided on an “as is” basis without warranties of any kind, either express or
implied, including, but not limited to, warranties of title or implied warranties of
merchantability or fitness for a particular purpose, other than those warranties which are
implied by law and incapable of exclusion, restriction or modification under the laws applicable
to this agreement.
- The information, content, software, products, and services published on the Website may include
inaccuracies or errors, including reservation availability and pricing errors. VELOGUIDE does
not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies
relating to the information and description of the products and Services displayed on the
Website (including, without limitation, the pricing, availability, Images, features, inclusions
and exclusions, general product descriptions, reviews, testimonials and ratings, etc.). In
addition, VELOGUIDE expressly reserves the right to correct any availability and pricing errors
on our website and/or on pending reservations made under an incorrect price.
- This disclaimer of liability applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of contract, tortious behavior,
negligence, or under any other cause of action. User specifically acknowledges that VELOGUIDE is
not liable for the defamatory, offensive or illegal conduct of other users or third-parties and
that the risk of injury from the foregoing rests entirely with user.
- In no event will VELOGUIDE, or any person or entity involved in creating, producing or
distributing the Website or the VELOGUIDE software, be liable for any damages, including,
without limitation, direct, indirect, incidental, special, consequential, or punitive damages
arising out of the use of or inability to use the Website. User hereby acknowledges that the
provisions of this section shall apply to all content on the Website.
- Third-party suppliers, Guides and VeloGuide Hubs are independent contractors and not agents or
employees of VELOGUIDE. VELOGUIDE is not liable for the acts, errors, omissions,
representations, warranties, breaches, negligence or misconduct of any third party supplier,
Guide or VeloGuide Hub or for any personal injuries, death, property damage, or other damages or
expenses resulting therefrom or otherwise arising from User’s booking of a Guided Ride or
participation in a Guided Ride. VELOGUIDE has no liability and will make no refund in the event
of any delay, cancellation outside of the cancellation period as described in the Booking,
Payment & Cancellation Policy, overbooking, strike, force majeure or other causes beyond its
direct control, and has no responsibility for any additional expense, omissions, delays,
re-routing or acts of any government or authority.
- In addition to the terms set forth above none of VELOGUIDE, its information providers or content
partners nor any Guide or VeloGuide Hub shall be liable regardless of the cause or duration, for
any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of,
the information contained within the Website, or for any delay or interruption in the
transmission thereof to the user, or for any claims or losses arising therefrom or occasioned
thereby. None of the foregoing parties shall be liable for any third-party claims or losses of
any nature, including, but not limited to, lost profits, punitive or consequential damages.
- Force majeure – no party shall be responsible for any failure or delay in performance due to
circumstances beyond its reasonable control, including, without limitation, acts of god, war,
riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages
resulting from equipment and/or software failure and/or telecommunications failures, power
failures, network failures, failures of third party service providers (including providers of
internet services and telecommunications). The party affected by any such event shall notify the
other party within a maximum of fifteen (15) days from its occurrence. The performance of this
agreement shall then be suspended for as long as any such event shall prevent the affected party
from performing its obligations under this agreement.
- LINKS TO THIRD PARTY SITES
VELOGUIDE may from time to time provide links on the Website to other websites not under the control
of VELGUIDE. VELOGUIDE is not responsible for the contents of any linked site or any link contained in a
linked site, or any changes or updates to such sites. VELOGUIDE is not responsible for webcasting or any
other form of transmission received from any linked site. VELOGUIDE provides these links only as a
convenience, and the inclusion of any link does not imply endorsement by VELOGUIDE of the site.VELOGUIDE
is a distributor (and not a publisher) of content supplied by Users, Guides, VeloGuide Hubs or third
parties. Accordingly, VELOGUIDE has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including information providers,
Users, Guides, VeloGuide Hubs, or any other user of the Website are those of the respective author(s) or
distributor(s) and not of VELOGUIDE. None of VELOGUIDE, any Guide, any VeloGuide Hub or any third-party
provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose.
In many instances, the content available through the Website represents the opinions and judgments of
the respective information provider, User, Guide, VeloGuide Hub or other user not under contract
with VELOGUIDE. VELOGUIDE neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice, testimonial or statement made on the Website by anyone other than an authorized
VELOGUIDE employee spokespersons while acting in their official capacity. Under no circumstances
will VELOGUIDE be liable for any loss or damage caused by a User’s reliance on information obtained
through the Website. It is the responsibility of User to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice, testimonial or other content available through
VELOGUIDE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice, testimonial or other content.
- UNSOLICITED IDEA SUBMISSION POLICY
Neither VELOGUIDE nor any of its directors, officers or employees will accept or consider
unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or
technologies, processes, materials, marketing plans or new product names. Please do not submit any
original creative artwork, samples, demos, or other works to VELOGUIDE. The sole purpose of this policy
is to avoid potential misunderstandings or disputes when VELOGUIDE’s products or marketing strategies
might seem similar to ideas submitted to VELOGUIDE. Please do not submit unsolicited ideas to VELOGUIDE
or any employee of VELOGUIDE. If, despite our request that no ideas or materials be submitted to
VELOGUIDE, such submission is made, VELOGUIDE makes no assurances that submitted ideas and materials
will be treated as confidential or proprietary.
VELOGUIDE shall have the right, but not the obligation, to monitor the content of the
Website, including Submissions, chat rooms and forums, to determine compliance with this Agreement and
any operating rules established by VELOGUIDE and to satisfy any law, regulation or authorized government
request. VELOGUIDE shall have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on the Website. Without limiting the foregoing, VELOGUIDE shall have the
right to remove any material that VELOGUIDE, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless VELOGUIDE, its affiliates and their
respective directors, officers, employees and agents, any Guide and any VeloGuide Hub from and against
any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines,
penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not
limited to reasonable legal and accounting fees, arising out of or related to:
- Use of the Website by User or their User Account, whether or not under the control of User;
- User’s breach of this Agreement or the documents referenced herein;
User’s violation of any law, rule, regulation or guideline;
- User’s violation, infringement or misappropriation of the rights of any Guide, VeloGuide Hub,
third party, including without limitation any rights of publicity or privacy;
- User’s booking of or participation in any Guided Ride or other use of products or Services
obtained through the Website; or
- User’s negligence or willful misconduct.
Either VELOGUIDE or User may terminate this Agreement at any time. Without limiting the
foregoing, VELOGUIDE shall have the right to immediately terminate User’s Account in the event of any
conduct by User which VELOGUIDE, in its sole discretion, considers to be unacceptable, or in the event
of any breach by User of this Agreement.
any operating rules for the Website established by VELOGUIDE constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. This Agreement shall be construed in accordance
with the laws of the Province of Alberta, Canada, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are for convenience only and
shall not be given any legal import. The Parties also attorn to the jurisdiction of the Courts of
the Province of Alberta for the determination of any dispute arising in connection with this Agreement
or the User’s use of the Website.
- COPYRIGHT NOTICE
VELOGUIDE and its logos are trademarks of VELOGUIDE, All rights reserved. All other trademarks
appearing on the Website are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners.Any rights not expressly granted herein are reserved.