End User License Agreement
End User License Agreement
Apollo Imports Inc. Mobile ApplicationTHIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS A LIMITED LICENSE THAT SETS OUT THE TERMS AND CONDITIONS OF USE (THE “TERMS”) ACCORDING TO WHICH YOU MAY USE THIS APOLLO IMPORTS INC. APPLICATION (THE “APPLICATION”). THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND APOLLO IMPORTS INC., CONDUCTING BUSINESS AS APOLLO SCOOTERS (HEREINAFTER “APOLLO”, OR “WE”, OR “US”, OR “OUR”), SO PLEASE READ THEM CAREFULLY.
GeneralIn consideration of you agreeing to abide by these Terms, Apollo grants you alone a non-exclusive, non-assignable, revocable limited license that cannot be sublicensed in any way to download, access and use the Application for your own personal, non-commercial purposes – and no other purpose. This license is subject to you complying with these Terms.
In addition, the app platforms Apple Store and Google Play (the “App Platforms”), have their own terms and conditions, privacy policies, user policies and other policies that you should review in detail before proceeding, and that may apply in addition or substitution to these Terms.
By clicking on the “Create an account” button, you are confirming that you have read, understood and agree to be bound by the Terms of the Agreement and any amendments Apollo may publish from time to time. If you do not agree with these Terms, you cannot use the Application.
Protection of your Information
In order to use the Application, you must register for an account with Apollo (“Apollo Account”) and provide certain information about yourself as prompted by the Application registration form. You shall not use a fake name or email address or provide any other information that is false or may violate the intellectual property or other rights of any person. You shall not provide any information that is rude or offensive and we retain the right to reject your registration for these or any other reason in our sole discretion. If we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access the Application.
Apollo may send you confirmation and other transactional emails regarding the services or content of the Application. We may also send you emails about services that we think might interest you. You can unsubscribe from these at any time by clicking unsubscribe in our email communications or by contacting us.
This Application is entirely owned and operated by Apollo, whose registered head office is at 224-3700 Saint Patrick St, Montreal Québec H4E 1A1
Apollo owns all the database rights, trademarks, copyright, and all other intellectual rights in the Application and its software code. You do not have any claim or right in any of these.
Conditions of Use
The Application is made available to you at no charge for use on your mobile device. By entering into this Agreement and , you represent and warrant that:
you will use this Application in accordance with these Terms
any information submitted by you is accurate and up to date
you have the legal right and ability to enter into this Agreement and to use or access this Application you are not breaching any other agreement or obligation or any laws or regulations
you will keep all relevant information entirely confidential, including your user name/password, if applicable
you accept full responsibility for all fees, taxes, charges, duties, and any other financial liability resulting from your use of the Application under your name or account, as well as anyone else using your name or account on the Application.
Goods and Services Outside of the App
You acknowledge and agree that you are fully and solely responsible for your use of any purchases made via the Application and how much money you spend on the Application. By completing a purchase, you warrant that you are of legal age to do so or have all legal permissions to make any purchases.
Purchases via the Application cannot be redeemed for any other product or service.
If your purchase does not function after downloading, get in touch with Apollo at the contact details listed at the end of this Agreement and Apollo will take all reasonable steps to fix or replace the problem. If Apollo is unable to do fix or replace the problem, We will refund you the cost of the purchase without undue delay.
Purchases of Apollo products and services are subject to Apollo’s standard terms and conditions of sale for the particular products or services, which apply in addition to these Terms. If you purchase products or services from third parties (e.g., repair services from a repair service provider you connect to through the Application), Apollo shall have no responsibility or liability regarding such products or services, as these products and services would be governed by the terms of such third party provider.
Limitations of Use
Accessing or using this Application for any reason that is against any law is strictly prohibited. You may only access or use the Application in direct relation to the services provided by Apollo Scooters and only in a lawful manner. Use of the Application for any other reason, including any commercial use or purpose, is expressly prohibited.In addition to the above, you agree that by accessing the Application, you shall not commit or participate in, or allow third parties to commit or participate in on your behalf, any of the following actions (or similar actions), each of which is expressly prohibited under this Agreement:
- Use the Application to remove the 25 km/h locked speed of any Apollo scooter. Should you choose to do so, you understand and accept that you are entirely responsible for any accidents to you or others or the scooter, mishaps or any other financial or legal difficulties you may face as a result. Apollo shall not be held liable in any way by you using the Application in this manner.
- Remove or alter any trademark, copyright or other proprietary marks or notices contained in the Application
- Copy, reproduce, export, re-export, alter, modify, reverse engineer, disassemble, decompile or translate the Application, or any attempt to do so
- Make and distribute copies of the Application
- Create derivative works of the Application
- Derive or attempt to derive the source code of the Application
- Use the Application to develop your own application or technology that has the same or substantially similar primary function as this Application
- Should you use this Application to book a service with any third-party, including a scooter repair service, you understand and accept that Apollo is not liable in any way for the accuracy of the booking or the service or repair provided by the third-party.
- Engage in any conduct or activity that either conflicts with this Agreement or that Apollo deems, in its sole and absolute discretion, to be in conflict with this Agreement.
- App Platforms
This application is available for iPhone® and Android® mobile devices.
You understand and accept that the availability of the Application is dependent on the third-party platform from which you can download the Application (the Apple Store or Google Play). You understand and accept that this Agreement is between you and Apollo and not with any App Platform. Apollo is solely responsible for the Application, its content, maintenance and support – and not the App Platform, and any claims relating to the Application (IP claims, for example) are Apollo’s sole responsibility – and not the App Platforms.
Use of Google Analytics
If you prefer to not have your information about your visit to the Application transferred to Google Analytics, you can download this deactivation add-on: https://tools.google.com/dlpage/gaoptout/
Usage Rules, Additional Obligations/Rights
Without limiting the above, your use of the Application with any Apple® device is subject to the Apple Media Services Terms and Conditions set by Apple Inc., including those terms set forth in the App Store Terms and Conditions located here: http://www.apple.com/legal/itunes/ww/ , the applicable provisions of which are incorporated herein by this reference.Without limiting above, your use of the Application with any Android® device is subject to the Google Play Terms of Service established by Google Inc., including those terms set forth in the Android Market Terms of Service located at http://www.google.com/mobile/android/market-tos.html , the applicable provisions of which are incorporated herein by this reference.
Limitation of Liability
WHILE APOLLO WILL TAKE REASONABLE STEPS TO MAINTAIN THE SECURITY OF THIS APPLICATION AND OF YOUR PRIVACY AND CONFIDENTIALITY OF THE INFORMATION YOU PROVIDE, YOU AGREE THAT YOUR USE OF THIS APPLICATION IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT ACCEPT ANY LIABILITY FOR DAMAGES OR LOSSES ARISING OUT OF YOUR ACCESS OR USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION (A) ANY INACCURACIES OR OMISSIONS IN THE CONTENT DISPLAYED ON THE APPLICATION AND FOR (B) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OF CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND, INCLUDING DAMAGES TO ANY DEVICE (INCLUDING VIRUSES). SHOULD A COURT DEEM APOLLO LIABLE FOR SUCH DAMAGES, APOLLO SHALL NOT BE LIABLE FOR AN AMOUNT GREATER THAN C$500.
THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, GUARANTIES, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS EXCLUSION DOES NOT APPLY IN JURISDICTIONS WHICH PRECLUDES THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS AND DO NOT WARRANT TO YOU THAT THE APPLICATION (A) IS ACCURATE, COMPLETE OR UP TO DATE, (B) WILL ALWAYS BE AVAILABLE, (C) WILL MEET YOUR EXPECTATIONS, AND (D) IS SECURE AND IS FREE FROM ERRORS, FAULTS, DEFECTS, VIRUSES OR ANY OTHER HARMFUL CONTENT.
AS A CONDITION OF YOUR USE OF THE APPLICATION, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS APOLLO AND ANY OF ITS OFFICERS, DIRECTORS, LEGAL REPRESENTATIVES, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES, JUDGEMENTS, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF, OR RESULTING FROM, OR OTHERWISE CONNECTED TO YOUR USE OF THE APPLICATION OR A BREACH OF THIS AGREEMENT.
A DELAY, OMISSION OR FAILURE BY APOLLO TO EXERCISE ANY RIGHT OR POWER UNDER THIS AGREEMENT SHALL NOT BE CONSTRUED TO BE A WAIVER BY APOLLO OF SUCH OR ANY OTHER RIGHT OR POWER, WHICH APOLLO MAY ASSERT AT ANY TIME OR AGAINST ANY PERSON.
The Application contains links to websites operated by parties other than Apollo. These links are provided for reference only. We have no control over the content or performance of third-party websites and are not responsible for their contents or the privacy or other practices. Apollo does not endorse and does not accept to be held liable in relation to the material found on such websites or any association with their operators. Always refer to the terms and conditions and privacy policies of third-party sites.
Governing Law and Election of Domicile
This Agreement shall in all respects be governed by and construed in accordance with the laws of the Province of Quebec, Canada, and the laws of Canada applicable therein, without giving effect to any choice or conflict of law, rules and other provisions (whether in the Province of Quebec or in any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Quebec.
You agree to elect domicile under the jurisdiction of the courts situated in the judicial District of Montreal, Province of Quebec for all disputes or disagreements arising from this Agreement, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis and undertake to file no action or bring no complaint in any other court.
Nothing contained in this section shall prevent Apollo from commencing an action in any court of competent jurisdiction in order to enforce these Terms and seek damages and/or equitable relief against you for breach of this Agreement.
The term of this Agreement begins when you download or register for the Application and continues in effect until you or Apollo terminates it. We reserve the right at our sole discretion to terminate, withdraw or modify the Application and/or to deny or withdraw access to the Application to anyone at any time and for any reason including, but not limited to, for breach of these Terms.
Apollo reserves the right to amend these Terms at any time and for any reason. Where substantial changes have been made, Apollo shall display the revised terms and conditions on the Application and you will be deemed to have accepted any amendment if you continue using the Application after the amendments are displayed.
Subject to any other applicable agreements to which Apollo may be a party, this is the entire agreement, contract and understanding between you and Apollo.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions and such invalid or unenforceable provision shall be severed from this Agreement.