Terms & Conditions

Acceptance of Terms

Welcome to www.bikingamsterdam.com (the "Website"). Please read these terms and conditions of website use carefully before using the Website. By continuing to browse or using this website, you are agreeing to comply with and be bound by the following terms and conditions of use. We reserve the right, at our sole discretion, to modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions. The most current version of these Terms of Use will always be on this page and will supersede all previous versions. You agree to review the terms and conditions periodically to be aware of such modifications and your continued use of the Website shall be deemed your conclusive acceptance of the terms and conditions as modified from time to time. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to the terms.

The term "Biking Amsterdam" or "us" or "we" refers to El Chango Media Inc., the owner of the Website. The term "you" refers to the user or viewer of our website.

GOVERN YOUR USE OF THE SERVICE AND WEBSITE. BY VISITING OR BROWSING THE WEBSITES, REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE.
AN ONGOING CONTRACT BETWEEN YOU AND BIKING AMSTERDAM APPLY TO YOUR USE OF THE WEBSITE and its services. THESE TERMS OF USE AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.
SET FORTH THE ENTIRE AGREEMENT REGARDING ALL THE SUBJECTS WE NOTE HEREIN. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE UNLAWFUL, VOID, OR UNENFORCEABLE, IT WILL BE ENFORCED TO THE MAXIMUM LEGAL EXTENT POSSIBLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER PROVISION.

WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO MAKE CHANGES FROM TIME TO TIME (WITH OR WITHOUT NOTICE) IN HOW WE OPERATE OUR SERVICE. YOUR USE OF THE WEBSITE OR CONTINUED USE OF OUR SERVICE AFTER CHANGES ARE MADE MEANS THAT YOU AGREE TO BE BOUND BY SUCH CHANGES. AS SUCH, YOU SHOULD REVIEW THE TERMS OF USE PERIODICALLY.

THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

2. Privacy

Any information you submit to us, or any information we collect, is subject to the Privacy Policy.

3. General

You must be 19 years or older to sign up for an account or post reviews to the Website. We reserve the right to reject submissions deemed to be in violation of this policy, or any incomplete or illegal submissions. We reserve the right to change this policy at any time, without notice.

In addition, when using specific services on the Website, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

4. Your Account

If you use the Website or its services, you represent and warrant that all information you supply to www.bikingamsterdam.com is complete and accurate. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address and other contact information. We reserve the right to place any account on hold at anytime (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. We and our affiliates reserve the right to refuse service, terminate accounts, and remove or edit content in their sole discretion.

5. Intellectual Property

All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of Biking Amsterdam, or its suppliers and is protected by Canadian and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. The content of this website is in no way intended to substitute for professional advice.

You agree not to employ derivative use of this site or its contents; download or copy any account information for the benefit of another merchant; decompile, reverse engineer or disassemble any software, products or processes accessible through the Website; to insert any code or manipulate any content; and to use data mining, data gathering or any other extraction methods.

You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our the express written consent. Any unauthorized use shall immediately terminate the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us, our dealers, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link our without expressed written permission.

www.bikingamsterdam.com is a trademark of Biking Amsterdam. Biking Amsterdam's trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Biking Amsterdam or www.bikingamsterdam.com. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Biking Amsterdam. Any images of persons or personalities contained on the Website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

You hereby authorize Biking Amsterdam to collect and retain all relevant information relating to the use of the Website. You further authorize any third party to provide Biking Amsteram with such information. This consent is effective immediately and does not expire.

We respect the intellectual property rights of others and we may prohibit users from uploading, posting or otherwise transmitting on www.bikingamsterdam.com any materials that violate another party's intellectual property rights. When we receive notification of copyright infringement material, we may investigate and if need be remove the allegedly infringing material. We reserve the right to terminate the account of any offender in accordance with our Offender Policy and applicable law. If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to [email protected].

6. Web Site Content

The Website may offer summaries, reviews, directions, instructions and user comments pertaining to the services and information we distribute and provide. Under no circumstances shall Biking Amsterdam, its affiliates or their shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website. The information provided on the Website is for reference only and no endorsement or any third party services of products is generated or inferred by any data, information or content included or referred to or linked from this web site. We do not warrant that any trail descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.

Some hyperlinks on the Website may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer. It is your responsibility to verify any information contained within linked sites before relying on it. The information contained in such links may also be changed or updated at any time without notice. Linked sites may have their own terms and conditions that you should review.

You acknowledge and agree that Biking Amsterdam is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

7. Right to Terminate

We reserve the right to modify, terminate or restrict, temporarily or permanently, the terms herein, without notice, for any or no reason.

In the event of termination, you are no longer authorized to access this Website, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth herein shall survive termination.

You can cancel your account by contacting customer support at [email protected].

8. Electronic Communications

By registering for an account, you agree to receive electronic communications from us. These communications may include information about your account, like e-mails or information related to products, services and features. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.

9. Conduct

By using the Website, you agree (i) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the Website; (ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using the Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.

10. User Reviews and Other Content

Users may post or submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Such posts or submissions shall not consist of or contain software viruses, political campaigning, commercial or other charitable solicitation, promote contests, club memberships, chain letters, promote criminal activity or enterprise, mass mailings, advertising or any form of "spam." You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through www.bikingamsterdam.com without the Biking Amsterdam's express written consent. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right (but not the obligation) to remove or edit such content. We are free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.

If you do post content or submit material, and unless we indicate otherwise, you grant Biking Amsterdam, its subsidiaries and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Biking Amsterdam, its subsidiaries and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you post; (ii) that the content is accurate; (iii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iv) that you will indemnify Biking Amsterdam, its subsidiaries and its affiliates for all claims resulting from content you supply. Biking Amsterdam has the right, but not the obligation, to monitor, edit, refuse, block or remove any activity or content for any reason whatsoever. Biking Amsterdam, its subsidiaries and affiliates take no responsibility and assumes no liability for any content posted by you or any third party.

All comments, feedback, e-mail, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Biking Amsterdam on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "Comments") shall be and remain Biking Amsterdam's property. Such disclosures, submission or offer of any Comments shall constitute an assignment to Biking Amsterdam of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

11. Blogs and other Submissions

Biking Amsterdam may allow users and others (a "Submitter") to submit stories and articles, including information about their personal travel and vacation experiences, to be shared publicly on the Website. Biking Amsterdam does not attest to the accuracy of any statements made in any such stories, articles or other submissions. Submitters confirm that they have obtained any and all necessary consents prior to submitting a story or photograph, acknowledge that any personal information included in a submission could become available publicly on the Internet if published by Biking Amsterdam, and indemnify Biking Amsterdam from any claim or demand, including legal fees on a solicitor and own client basis, made by any third party due to or arising out of such submissions, any violation of these Terms of Use, or violation of any rights of another. Biking Amsterdam reserves the right to reject or edit the content of submissions in its sole discretion, including in order to protect individual privacy. All stories, articles and other submissions disclosed, submitted or offered to Biking Amsterdam on or by this site shall be and remain Biking Amsterdam's property. Such submission or offer of any stories or articles shall constitute an assignment to Biking Amsterdam of all worldwide rights, titles and interests in all copyrights and other intellectual properties in such submissions.

11. Offender Policy

In accordance with applicable laws, we have adopted a policy of terminating, in appropriate circumstances or at our sole discretion, accounts of users who are deemed to be offenders of our Intellectual Property policy. We may also at our sole discretion limit access to the Website and any of its services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. Inappropriate Content

We do not allow its users to submit or share certain type of inappropriate content including but not limited to any content or information that is obscene, pornographic, sexually explicit, racist, abusive or that may be seen harmful by any of our users or visitors.

13. Limitations on Liability

THE CONTENTS OF THE WWW.BIKINGAMSTERDAM.COM WEBSITE AND THE PRODUCTS AND SERVICES WE DELIVER ARE PROVIDED "AS IS" AND YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY DELAYS, INTERRUPTIONS OR FAILURES IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, BIKING AMSTERDAM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE PRODUCTS WE DELIVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.

IN NO EVENT SHALL BIKING AMSTERDAM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, YOUR ACCOUNT, OR ANY PRODUCTS, ANY SERVICES OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL BIKING AMSTERDAM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY OF ITS SERVICES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

IN ADDITION, BIKING AMSTERDAM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR HARMFUL COMPONENTS, OR ERROR-FREE, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED, DETRIVED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIKING AMSTERDAM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIKING AMSTERDAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIKING AMSTERDAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE.

14. Indemnity and Waiver

You agree to indemnify and hold Biking Amsterdam, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including legal fees on a solicitor and own client basis, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another. You agree that the provisions in this paragraph will survive any termination or expiration of these Terms of Use, your account, or if discontinuation of all or any portion of the www.bikingamsterdam.com website and related services.

The failure by Biking Amsterdam to insist upon or enforce strict performance of any provision of these terms and conditions shall not constitute a waiver of any provision or rights contained in these terms and conditions. If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.

15. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any materials, products, portion of the Website, use of the Website or services therein, or access to the Website.

16. Notice

Notices to you may be made via either email or regular mail. We may also provide notices of changes to the terms of use or other matters by displaying notices or links to notices to you generally on the website.

17. Agreement

The Terms of Use constitute the entire agreement between you and Biking Amsterdam and govern your use of the Website, superseding any prior agreements between you and Biking Amsterdam You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The terms of use and the relationship between you and Biking Amsterdam shall be governed by the laws of the province of British Columbia without regard to its conflict of law provisions. You and Biking Amsterdam agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Vancouver, British Columbia. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Biking Amsterdam shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

To Contact Biking Amsterdam

If you have a question or concern about these Terms of Use, please contact [email protected].

(Revised April 24, 2020)