ÅSKA PRIVACY POLICY

Last updated 21-03-2020

Filip Dehing BVBA, represented by the brand name “ÅSKA” and its affiliates (“ÅSKA” or “we” or “our” or “us”) respect your concerns about privacy. This privacy policy (“Policy”) describes how ÅSKA collects, uses and shares personal information of users viewing or accessing this website as well as any of our other websites on which this Policy is posted or linked from, our social media pages, software applications, email communications, or other digital services (the “Site”), as well as offline. By providing information to us or by using our products or services, including this Site, you agree to the terms and conditions described in this Policy. Please read this Policy carefully to understand ÅSKA’s practices regarding your information and how it will be treated.

WHAT WE COLLECT

We collect information about website users in a range of ways.

Information You Give Us.
ÅSKA may collect information you provide directly to us on the Site, including, but not limited to, your name, email address, location, physical address, phone number, demographic information (e.g., age, gender, occupation, etc.), social media accounts and other information provided directly to ÅSKA by you. ÅSKA may also collect information you provide by signing up for or attending events, joining our waitlist, participating in surveys, contests, sweepstakes and promotions sponsored by ÅSKA, interacting with ÅSKA online via email, online or phone text messaging, blogs, forums or social media, or submitting a job application to work at ÅSKA. If you submit any information relating to people other than yourself, you hereby represent that you have the authority to provide such information and consent to the use of the information in accordance with this Policy.

Information We Get From Others.
We may also collect information about you that we receive from business partners, marketers, analysts and other sources to enable us to verify and update information contained in our records for analytics, and to better personalize our sites, products and services for you. We may add this to information we get from the Site.

Information Automatically Collected.
When you visit the Site, ÅSKA may automatically log certain information about you and your computer. For example, when visiting our Site, we may log your computer or mobile device operating system type and platform, internet protocol (IP) address, browser type and version, browser language, the websites you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies.
Cookies are small data files stored on your hard drive by a website. When visiting the Site, we may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other web traffic data. We, and our service providers, use Cookies for security purposes, to facilitate Site navigation (such as automatic redirect to your personal page(s)), to display information more effectively, to provide you with a more personalized and interactive experience while using the Site, to understand how you engage with our offers, marketing or campaigns, and to otherwise analyze and understand user activity. We also gather statistical information about the usage of the Site in order to continually improve its design and functionality, understand how the Site is used, and assist us with resolving questions regarding the Site and our products and services. If you do not wish for the Site to collect your information using Cookies, you can typically disable the use of Cookies (or disallow the use of Cookies on specific websites) by changing your browser settings. However, if you remove or reject our Cookies, it could affect how the Site works for you.

Information Collected Using Other Tracking Tools.
In addition to, or in conjunction with Cookies, we may use other tracking tools to, among other things, track the activity of users on the Site, help manage content, measure the success of marketing campaigns and compile statistics about usage and response rates. For example, pixel tags (also known as clear GIFs, web bugs, or web beacons) may be used to track the online movements of users of the Site. Pixel tags and similar tools may also be used in our emails to track whether an email was read or forwarded to someone else.

Analytics Tools. We may use Google Analytics and/or other website and application analytics services provided by third parties that use Cookies and other similar technologies to collect information about website or application usage and to report trends. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Analytics Tools. We may use Google Analytics and/or other website and application analytics services provided by third parties that use Cookies and other similar technologies to collect information about website or application usage and to report trends. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

USE OF PERSONAL INFORMATION

We may use information we collect to communicate with you, to provide and improve our products and services, and for the purposes listed below:

  1. We may use your personal information to operate, maintain, and improve our sites, products and services.
  2. We may use your personal information to respond to comments and questions, provide customer service and fulfill your requests.
  3. We may use your personal information to communicate with you about promotions and upcoming events, and to send you other news about products and services offered by us and our selected partners (subject to your consent where required by applicable law). Promotional communications may include, but are not limited to, newsletters, brochures, and email, phone or text message marketing, and may include information regarding ÅSKA events, contests, products and services. If you no longer wish to receive these materials, you may opt out by following the opt-out instructions included in any marketing email or mailings received from us, or by contacting us at the addresses indicated under Contact Information below. Please note that we may still send you certain important administrative and non-marketing messages even if you opt out of receiving promotional emails.
  4. We may use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, to enforce and prevent violations of our policies and terms, and as otherwise necessary to establish, protect and defend our legal rights.
  5. Except as described above and below, ÅSKA may use or share information that does not personally identify you for any purpose permitted by law, such as for operational or research purposes, for industry or market analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required.

SHARING OF PERSONAL INFORMATION

We may share information we collect as follows:

  1. We may share your information with our third party service providers and channel partners to provide services such as website hosting, email delivery (e.g., delivery of our newsletter), data analysis and storage, billing and payment processing, push notifications, information technology and related infrastructure, customer service, marketing, analytics, fraud protection and other similar services. We currently use Mailchimp for delivery of emails – you can find a link to their privacy policy at https://mailchimp.com/legal/privacy/.
  2. We may share personal information with third party sponsors of contests and similar promotions, if you elect to participate. For example, our waitlist and referral/reward program, is administered in coordination with Viral Loops Ltd – you can find a link to their privacy policy at https://viral-loops.com/privacy.
  3. We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition or bankruptcy transaction or proceeding.
  4. We may share personal information, including information that may or may not personally identify you, to third parties to comply with a legal obligation (including, but not limited to, subpoenas); when we believe in good faith that the law requires it; in response to a lawful request by governmental authorities conducting an investigation, including to comply with law enforcement requirements; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; to enforce our agreements, policies, and terms of use; or to protect the rights, property, safety, or security of our products and services, ÅSKA, third parties, visitors, or the public, as determined by us in our sole discretion.
  5. We may also share aggregated and/or anonymized data (such as aggregate Site usage statistics or anonymized survey responses) with third parties for research, marketing, analytics or other purposes, provided we have taken reasonable efforts to ensure such information does not identify a particular individual.

Links or Content from Other Websites. Our Site may contain links to or content from websites maintained by third parties. ÅSKA is not responsible for the privacy practices of such third-party sites. Please refer to the privacy policies of these respective websites to view the relevant privacy practices.

Social Media. Our Site may contain links or buttons to enable you to share or post content to third-party social media platforms. The privacy policies of such social media platforms will apply to any content you share or post, and ÅSKA is not responsible for the privacy practices of such third-party platforms. We may also share personal information with your social media account provider (or such information may be shared with us), if you connect your social media account with any ÅSKA social media account. If you do so, you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media platform’s privacy policy.

HOW WE PROTECT AND MANAGE YOUR INFORMATION

Security. ÅSKA has implemented various physical, electronic, contractual, and managerial security measures to protect against loss, misuse, and alteration of personal information that we store and collect. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. Should you have further questions or concerns about our security measures, please contact us using the addresses set forth under Contact Information below.

Retention of Your Information. We retain your information for as long as required to satisfy the purpose for which it is collected and used (for example, for the time necessary for us to provide you with customer service, answer queries or resolve technical problems), unless a longer period is required or permitted by law, such as to fulfill our legal obligations or to establish, protect, or defend legal claims.

We may rely on various legal grounds to collect, use, and otherwise process your information, including: your consent; that the information is necessary for the performance of a contract with you; to comply with a legal obligation; to protect your, or someone else’s vital interests; or for a legitimate interest that is balanced against your rights and interests. These legitimate interests may include ÅSKA’s interest in improving its products and services, enhancing safety and security, protecting ÅSKA or its business partners against wrongful conduct, and responding to customer inquiries and claims. Where applicable, we will take reasonable efforts to inform you whether and why we need certain information from you, for example, whether we need the information to fulfill a legal or contractual requirement and what the consequences are of not providing the information.

INFORMATION CHOICES AND CHANGES

As detailed in the sections above and below, we give you many choices regarding our collection, use, and sharing of information from or about you or your use of our products or services. For example:

  1. Our marketing emails, newsletters and other promotional materials include instructions for how you may “opt out” of receiving further communications. If you no longer wish to receive such communications, you may opt out by following instructions included in such communications, or contacting us at info@aska-bike.com or at the address indicated below. If you opt out, we may still contact you regarding certain non-marketing subjects. Please allow a reasonable time after reaching out for us to process your request.
  2. You may send all other requests about personal information to the addresses indicated under Contact Information below. You can request to change contact choices, opt out of our sharing with others, update your personal information, or cancel an account if one has been created.
  3. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

Access and Data Subject Rights. In certain jurisdictions you may have the rights to request access to and receive information about certain information we maintain about you; update and correct inaccuracies in that information; have the information restricted or deleted; object or withdraw your consent to certain uses of information; and lodge a complaint with your local supervisory authority. You may also have the right to data portability with regard to the data you provided to us. These rights may be limited in some circumstances by local law. If you would like to exercise your rights in relation to information from or about you, you may contact us at the addresses set forth under Contact Information below.

In your request, please make clear what information you would like to have changed, whether you would like to have the information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of the information that you have provided to us. For your protection, we may only implement requests with respect to the information associated with the particular email address that you use to send us your request, or we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for recordkeeping or legal compliance purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the information provided until after the completion of such purchase or promotion).

INFORMATION CHOICES AND CHANGES

We welcome your comments or questions about this privacy policy. Comments or questions can be sent via info@aska-bikes.com. You may also contact us at our address:

Filip Dehing BVBA
Broekstraat 3
3061 Bertem
BELGIUM

INFORMATION CHOICES AND CHANGES

We may change this privacy policy. If we make any changes, we will change the “Last Updated” date displayed above. We reserve the right, in our sole discretion, to modify this Policy, in whole or in part, at any time. You should check the Site from time to time to see if there have been any changes, as they may apply to you. Where appropriate, you may also be notified of updates to the Policy by email. Your continued use of the Site, or otherwise providing information to us following these changes, confirms your acceptance of all changes that we make.

TERMS OF USE WEBSITE

Last updated 21-03-2020

The website located at aska-bikes.com (the “Site”) is a copyrighted work belonging to Filip Dehing BVBA (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. ACCOUNTS

1.1 Account Creation.
In order to use certain features of the Site, we may request, and in some cases require, that you register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. ACCESS TO THE SITE

2.1 License.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.3 Modification.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 No Support or Maintenance.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

2.5 Ownership.
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. USER CONTENT

3.1 User Content.
“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 License.
You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3.4 Enforcement.

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

3.5 Feedback.
If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

3.6 Privacy.
Notwithstanding the foregoing, Company shall comply with all applicable laws and regulations regarding its collection, use, transfer, and retention of User Content constituting a user’s personal information. For further information regarding Company’s treatment of user personal information, please reference Company’s Privacy Policy posted on the Site.

4. IDEMNIFICATION

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. THIRD-PARTY LINKS & ADS; OTHER USERS

5.1 Third-Party Links & Ads.
The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

5.2 Other Users.
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

5.3 Release.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). 

6. DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

Security. INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY EUROS (EUR €50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. TERMS AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.

INFORMATION CHOICES AND CHANGES

9.1 Changes.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site (including by means of an updated version or revision date). These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

9.2 Electronic Communications.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

9.3 Entire Terms.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

9.4 Copyright/Trademark Information.
Copyright © 2020 Filip Dehing BVBA All rights reserved. All trademarks, logos and service marks (“Marks”) and all other designs displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

9.5 Contact Information:

Address:
Filip Dehing BVBA
Broekstraat 3
3061 Bertem
BELGIUM

Email
info@aska-bike.com

TERMS AND CONDITIONS WAITLIST 'THE FIRST RIDE'

Last updated 21-03-2020

ÅSKA (“we,” “ÅSKA” or “Company”) is offering members of “The First Ride” – ÅSKA’s waitlist and referral/reward program – the opportunity to join a waitlist to be one of the first persons to gain access to a “ÅSKA” electric speed bicycle (“Bicycle”) once Bicycle availability is opened to the general public. The First Ride program in its entirety is referred to as “The First Ride”, “Waiting List” or the “Waitlist”” These Terms & Conditions (“Terms”) set out how the Waitlist will function and your legal rights and obligations with respect thereto. By joining The First Ride, referring a friend or otherwise participating in the Program, you agree to be bound by these Terms. All of the Company’s decisions relating to the Program and the Waitlist are final and binding. These Terms are incorporated in, part of and subject to the Company’s Privacy Policy and general Terms of Use, each available at aska-bike.com/legal

All capitalized terms shall have the meanings prescribed herein. The terms and conditions governing the referral and reward component of The First Ride (“Referral & Reward Program Terms”) are incorporated herein by reference in full, and any terms defined therein but not herein shall have the meanings prescribed to them pursuant to such Referral & Reward Program Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. PRIVACY

The information you provide when you sign up and participate in the Waitlist will be collected, processed and used in accordance with the Company’s Privacy Policy which can be found at aska-bike.com/legal. If you ultimately choose to order an ÅSKA order an ÅSKA  Bicycle, additional personal information will be required at such time. If you have any questions about the Company’s Privacy Policy, you may contact us at info@aska-bike.com

2. WAITLIST ELIGIBILITY

To participate in the Waitlist, you must be at least 18 years of age (or older, if required by the legal age to contract in your place of residence). You may not participate in the Waitlist where doing so would be prohibited by any applicable laws or regulations. The Company reserves the right to exclude any persons from participation in the Waitlist in its sole and absolute discretion.

3. NO OBLIGATION WAITLIST

Persons who sign up to join The First Ride (“Users”) are automatically entered into the Company’s Waitlist. The Waitlist is governed approximately as an ordered line and your position in line is determined based on your Waitlist Ranking. The higher your Waitlist Ranking, the earlier you will be offered an opportunity to access a Bicycle relative to other Users with a lower Waitlist Ranking. For the full set of rules governing your Waitlist Ranking, please reference the Referral & Reward Program Terms (https://aska-bikes.com/legal).
By participating in the Waitlist you are not ordering a Bicycle. These Terms do not constitute an agreement for the sale of or subscription to a Bicycle and do not lock in pricing, a firm production slot, a firm delivery date or specific Bicycle configuration. You are under no obligation to purchase a Bicycle from us, and we are under no obligation to supply you with a Bicycle.

4. FINALIZING YOUR ORDER

After the Company begins to make Bicycles available to Waitlist members, we will contact you (at an appropriate time based on your Waitlist Ranking) via the email account you provided at signup to allow you to finalize your Bicycle order.

5. BICYCLE AVAILABILITY

Participation in and eligibility for the Waitlist does not guarantee that you will satisfy all of the eligibility requirements to obtain access to a Bicycle, which will be significantly more stringent than those required for the Waitlist (for instance, we may ask for information regarding your driving record and financial history). We will also prioritize depending on regional availability of the Bicycles.
Access to a ÅSKA Bicycle through is subject to availability.BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT TO US THAT YOU UNDERSTAND THAT YOUR RIGHT TO ACCESS A VEHICLE WILL BE SUBJECT TO FUTURE AVAILABILITY AND OTHER APPLICABLE TERMS AND RESTRICTIONS (IF APPLICABLE), WHICH AT ALL TIMES ARE AT THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY.

6. NO PAYMENT

Participating in the Waitlist is free. However, if the Company elects to require deposits or other forms of payment, we will notify members of the Waitlist via email.

7. NO GUARANTEE OF BICYCLE SPECIFICATIONS OR DELIVERY DATE

You understand that we may not have completed the development of the Bicycle or begun manufacturing the Bicycle at the time of you sign up to join the Waitlist. You further understand that the Bicycle’s specifications, e.g., battery range, as well as pricing and the benefits and features that will be available, have not yet been determined or finalized. Information shared by the Company on our website, in emails or in marketing materials about the ÅSKA Bicycle are explicitly not a guarantee that any displayed specifications or features will match the production Bicycles. By agreeing to these Terms, you represent and warrant to us that you understand that the Bicycle specifications may change prior to the date you finalize your Bicycle order.
The actual date of delivery for any Bicycles will depend on a variety of factors, including without limitation our manufacturing schedule and your Waitlist Ranking. There is no guarantee as to delivery date based on your Waitlist Ranking.

8. CANCELLATION

You may request that we remove you from the Waitlist at any time by sending an email to info@aska-bikes.com. Removal from the Waitlist will also constitute removal from the referral and reward component of the Program, so please be sure that you have claimed any outstanding earned Rewards before you request removal, or else they may be forfeited.

9. ACCURACY OF INFORMATION

Upon joining the Program, we ask you to provide your name and email address. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact information. You can update your information at any time by sending an email to info@aska-bikes.com.

10. LIABILITY

  1. By participating in the Waitlist, Users agree to be bound by these Terms. Users further agree to release and hold harmless the Company and its affiliates and subsidiaries, together with their respective employees, directors, officers, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Waitlist (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses of any kind, whether direct or indirect (“Liabilities”), caused by, arising out of, in connection with or related to their participation in the Waitlist (including, without limitation, any property loss, damage, personal injury or death caused to any person(s), the unauthorized or illegal access to personally identifiable or sensitive information or the administration of the Waitlist).
  2. Users expressly understand and agree that the Waitlist is provided and administered on an “as is” and “as available” basis without warranties, representations or guarantees of any kind, either express or implied, including, but not limited to, warranties or conditions or merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the Company’s website or social media accounts, on your Status Page or on any sites linked to any of the foregoing and assumes no liability or responsibility in contract, warranty or in tort for any of the foregoing.
  3. The Released Parties shall not be liable to any Users for any failure to perform by reason of any unavailability of supply, financial hardship of the Company (at the Company’s discretion), acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, natural disaster or unusually severe weather, war, fire, flood, labor dispute, transportation interruption of any kind or any other cause beyond any of the Released Parties' reasonable control.
  4. UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL THE COMPANY BE LIABLE TO USERS FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY LIABILITIES.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN THE EVENT THAT THE RELEASED PARTIES ARE HELD LIABLE FOR ANY LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM (INCLUDING THE WAITLIST), THE RELEASED PARTIES’ MAXIMUM CUMULATIVE LIABILITY, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL BE ONE HUNDRED EUROS (€100.00).

The Company reserves the right to make changes or additions to these Terms for any reason at any time. The Company's failure to enforce any term of these Terms shall not constitute a waiver of that provision.

11. ASSIGNMENT AND NON-TRANSFERIBILITY

You may not assign or otherwise transfer your rights under these Terms (or your Waitlist Ranking) without our express prior consent.

12. RIGHT TO CANCEL, MODIFY OR TERMINATE; SEVERABILITY

We reserve the right to cancel, modify or terminate the Waitlist at any time for any reason, including if the Bicycle does not go into production as scheduled for any reason. We reserve the right to disqualify any User at any time from participation in the Waitlist if we have a good faith belief that he/she has violated any of these Terms. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.

TERMS OF USE ASKA REFERRAL PROGRAM

Last updated 21-03-2020

Filip Dehing BVBA, represented by the brand name “ÅSKA” and its affiliates (“ÅSKA” or “we” or “our” or “us”) may, from time to time, offer members of “The First Ride” – ÅSKA’s waitlist and referral program – as well as other persons (“you” or “Users”) the opportunity to move up the waitlist by referring friends to join The First Ride, responding to surveys or completing other authorized actions (the “Program” or “The First Ride”). These Terms & Conditions (“Terms”) set out your legal rights and obligations when participating in the Program. By referring a friend, earning or accepting an award or otherwise participating in the Program, you agree to be bound by these Terms and to use the Program in the manner specified in these Terms. All of the Company’s decisions relating to the Program are final and binding. These Terms are incorporated in, part of and subject to the Company’s Privacy Policy and general Terms of Use, each available at aska-bikes.com/legal.

The Program is administered by ÅSKA in association with Viral Loops Ltd, 21 Aylmer Parade Aylmer Road, London, England (“Viral Loops,” and collectively with the Company, the “Administrators”). By participating in the Program, you agree to also be bound by Viral Loops’ Privacy Policy.

1. PRIVACY

Participation in the Program may require Users to submit personal information about themselves and their friends, family members or colleagues, such as name, address, e-mail address or other similar types of information. The Company may also collect information about Users through voluntary survey responses. In addition, the Company may gather publicly available information about Users and their referees, such as social media accounts, internet traffic and demographic information. Users’ personal information will be collected, processed and used in accordance with the Company's Privacy Policy which can be found at aska-bikes.com/legal and Viral Loops’ Privacy Policy which can be found at https://viral-loops.com/privacy. If you have any questions about the Company’s Privacy Policy, you may contact us at info@aska-bikes.com

Cookies: By participating in the Program, you consent to the Company’s use of cookies (on webpages associated with the Program and the Company’s website) in accordance with our Privacy Policy (which includes our Cookie Policy). The Company uses cookies for a number of reasons, including to enable important Program functionality (e.g., automatic redirect to a User’s Status Page (defined below)), provide personalized content and ads, enable social media features, ensure site reliability and security and analyze web traffic. Users can request that the Company not use cookies for your device by sending an email with the subject line “Cookie Opt-Out” to info@aska-bikes.com

2. PROGRAM ELIBIGILIBITY

By joining The First Ride, you gain access to ÅSKA’s waitlist and referral program:

Members of The First Ride are each given an ordered position in line (your “Waitlist Ranking”), offering the opportunity to be one of the first customers to gain access to a ÅSKA vehicle after we launch sales to the general public (geographic restrictions and other applicable terms apply – see aska-bike.com/legal for specific terms governing the waitlist). You may move up in Waitlist Ranking through two actions: (a) making Qualified Referrals (defined below) and (b) responding to surveys. Currently, each Qualified Referral and completed survey will earn you one (1) point which will contribute to your Waitlist Ranking and potentially move you higher in the queue; in the future, the Company may in its discretion change how it weights points from a Qualified Referral or completed survey, or may offer new ways to earn points, in which event, the Company will provide an update to these Terms. The Company reserves the right to, at any time, make changes to the way points are weighted or earned. Generally, a User with the greater relative number of points, regardless of when they joined The First Ride, will secure a higher Waitlist Ranking. In the event that multiple Users have the same number of points, priority is given in order of when each User joined The First Ride (the earlier, the better).

3. HOW THE PROGRAM WORKS

By joining The First Ride, you gain access to ÅSKA’s waitlist and referral program:

Members of The First Ride are each given an ordered position in line (your “Waitlist Ranking”), offering the opportunity to be one of the first customers to gain access to a ÅSKA vehicle after we launch sales to the general public (geographic restrictions and other applicable terms apply – see aska-bike.com/legal for specific terms governing the waitlist). You may move up in Waitlist Ranking through two actions: (a) making Qualified Referrals (defined below) and (b) responding to surveys. Currently, each Qualified Referral and completed survey will earn you one (1) point which will contribute to your Waitlist Ranking and potentially move you higher in the queue; in the future, the Company may in its discretion change how it weights points from a Qualified Referral or completed survey, or may offer new ways to earn points, in which event, the Company will provide an update to these Terms. The Company reserves the right to, at any time, make changes to the way points are weighted or earned. Generally, a User with the greater relative number of points, regardless of when they joined The First Ride, will secure a higher Waitlist Ranking. In the event that multiple Users have the same number of points, priority is given in order of when each User joined The First Ride (the earlier, the better).

4. STATUS PAGE

Upon joining The First Ride, Users will be provided with access to a unique and personal online page (“Status Page”) to, among other things, check his/her Waitlist Ranking, to check the status of his/her Qualified Referrals and to complete surveys. Your Status Page will generally be accessible by automatic redirect through ÅSKA’s TFW (The First Ride) webpage (if you have cookies enabled for your device/browser) or can be accessed by signing in with your email address through the link available on ÅSKA’s TFW webpage. Please note that your Status Page is not a secured or password-protected account and could potentially be accessed by others using your email address or the unique URL associated with your Status Page. By participating in the Program, you acknowledge and agree to the foregoing. The Company makes no representations or warranties regarding the accuracy, privacy or security of your Status Page or any of the information displayed thereon.

5. REFERRAL LINKS, QUALIFIED REFERRALS AND RESPONDING TO SURVEYS

Users who refer are called “Referrers.” A personal shareable referral URL (“Referral Link”) will be issued to each Referrer and visible on his/her Status Page. Referral Links will be issued only to individuals. An individual must be registered with the Program to be issued a Referral Link, but no purchase or payment is required. To the extent the Company provides the functionality to create a customized Referral Link, the use of any customized Referral Link that is obscene or offensive, infringes on a third party’s rights or is otherwise inappropriate or inconsistent with ÅSKA’s brand (in the Company’s sole and absolute discretion) will not permitted and may be considered a violation of these Terms.

Credits toward your Waitlist Ranking  from referrals can only be earned through completing Qualified Referrals. A “Qualified Referral” means that all the following conditions are met:

  1. Referrers may only refer a friend, family member or colleague who you personally know (“Friend” or “Referred Friend”);
  2. The Referred Friend must complete the registration process (and be eligible) to join The First Ride using the Referrer’s Referral Link or by entering the Referrer’s referral code when prompted. If a Referred Friend joins The First Ride using any other link or method, the registration will not count as a Qualified Referral;
  3. The Referred Friend and has not previously registered for The First Ride under any email address or alias; and
  4. Only one Qualified Referral can be earned for each Referred Friend.

If a Referred Friend is referred by multiple Referrers, the first Referrer to submit the required information based on the date and time of the submission (as determined by Company in its sole discretion) shall be the only Referrer entitled to receive credit for the Qualified Referral.
Qualified Referrals (and any Rewards earned) are at all times subject to validation and verification by the Administrators. The Company may withhold a Reward for investigation, or refuse to process any transaction the Administrators deem fraudulent, suspicious, in violation of these Terms, or believes will impose liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

Survey responses should be completed by the individual User in good faith, providing true and accurate personal responses to each of the survey queries. Surveys may be tailored, and certain surveys may be made available to only a subset of Users. Each survey may only be completed once. The Company in its sole discretion may deem any survey responses to be invalid or insufficient for any reason. Any attempts to get around these restrictions will be considered a violation of these Terms.

Any variations from the requirements or restrictions above will be at the Company’s discretion. All Company decisions are final and binding, including decisions regarding crediting a User’s Waitlist Ranking or as to whether a Qualified Referral or Reward or response to a survey is valid.

6. RESTRICTIONS

If a User engages in conduct that violates these Terms, including without limitation any of the restricted conduct described below, the Company (as it may deem appropriate in its sole and absolute discretion) retains the right to take corrective action, which may include but is not limited to the disqualification of any fraudulent or improper referrals, the cancellation of any credits towards Rewards and Waitlist Ranking associated with the User, requiring the return of Rewards previously delivered and the removal of the User from the Program.

(a) Prohibited Conduct, General

No User may use the Program to violate any law, infringe or violate the rights of any third party (including privacy or intellectual property rights) or otherwise act in a manner that is deemed fraudulent, abusive, harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program (as determined in the Company’s sole discretion). In addition, Users agree not to use the Program to: (i) harass, stalk or harm another individual; (ii) collect or store personal data about other Users; (iii) impersonate any person or otherwise misrepresent User’s or a referee's identity; (iv) interfere with, disrupt or violate the Terms or servers or networks connected to the Program; (v) interfere with another User's participation in the Program; (vi) attempt to gain unauthorized access to the Program, or to other accounts, computer systems or networks connected to the Program; (vii) transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features; (viii) use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; or (ix) resell, barter, trade, auction or otherwise generate income by providing access to the Program to others or otherwise in connection with the Program.

(b) Spam

These Terms also prohibit posting of the Referral Link on any website which offers the Referral Link to anyone other than Friends, i.e. individuals whom you personally know. If a Referrer provides a Referral Link to a Referred Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers or any other promotion of a Referral Link in a manner that would constitute or appear to constitute unsolicited commercial messaging or “spam” (in the Company’s sole discretion) is expressly prohibited and may be grounds for immediate termination of the Referrer's account, deactivation of the Referral Link and forfeiture of Waitlist Ranking and any earned Rewards.

(c) Fraudulent and Suspicious Behavior

Users are prohibited from taking any actions that are deemed by the Company to violate or disrupt the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception or any other unfair playing practices, including the harassment of other Users or persons associated with the Company. Users may not submit self-referrals, enter with multiple or fake emails addresses or accounts, use fictitious identities or use any automated system, bot or other device or artifice to participate in the Program or receive any benefit in the Program.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

7. LIABILITY

(a) By participating in the Program, Users agree to be bound by these Terms, the decisions of the Administrators and/or their designees and the Privacy Policies of each. Users further agree to release and hold harmless the Administrators and their respective affiliates and subsidiaries, together with their respective employees, directors, officers, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses of any kind, whether direct or indirect (“Liabilities”), caused by, arising out of, in connection with or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s), the unauthorized or illegal access to personally identifiable or sensitive information, the awarding, receipt and/or use or misuse of the Program or any Reward or the administration of the Company’s vehicle waitlist

(b) The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; or (iv) any injuries, losses or damages of any kind resulting from delivery, non-delivery, delay, acceptance, possession or use of a Reward or otherwise from participation in the Program or administration of the Company’s vehicle waitlist. The Administrators disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with, this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Administrators’ control, corrupt the administration, security or proper operation of the Program.

(c) Users expressly understand and agree that the Program is provided and administered on an “as is” and “as available” basis without warranties, representations or guarantees of any kind, either express or implied, including, but not limited to, warranties or conditions or merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the Company’s website or social media accounts, on your Status Page, or on any sites linked to any of the foregoing and assumes no liability or responsibility in contract, warranty or in tort for any of the foregoing.

(d) The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any unavailability of supply, financial hardship of the Company (at the Company’s discretion), acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, natural disaster or unusually severe weather, war, fire, flood, labor dispute, transportation interruption of any kind or any other cause beyond any of the Released Parties’ reasonable control.

(f) By participating in the Program, you agree to indemnify, defend and hold harmless the Released Parties from and against any and all Liabilities incurred in connection with: (i) your breach or violation of these Terms; (ii) your violation of any law, or the rights of the Company, any User or any third party; (iii) any content submitted by you or using your account to the Company in connection with the Program, including, but not limited to the extent such content may infringe on the privacy or intellectual rights of a third party or otherwise be illegal or unlawful; and (iv) any claim for taxes, including your payment or non-payment of taxes, relating to your participation in the Program and any Rewards you may receive. The Company reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of the Company.

The Company reserves the right to make changes or additions to these Terms for any reason at any time. The Company's failure to enforce any term of these Terms shall not constitute a waiver of that provision.

8. RIGHT TO CANCEL, MODIFY OR TERMINATE; SEVERABILITY

We reserve the right to cancel, modify or terminate the Program, these Terms and the methods through which Waitlist Rankings and Rewards are earned at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.