Limitation of Liability
Disclaimer for Use of Electric Scooters
Please read the following disclaimer, associated limitation of liability and assumptions of risk before any purchase. It is the complete responsibility of you, the Buyer, to ensure that you operate your electric scooter following all local laws and regulations within different provinces in Canada. The laws around use of electric scooters on public lands, roads and areas will vary from province to province and by ordering from us, you agree to always check your local council and road traffic laws prior to using an electric scooter “Vehicles”.
The Buyer is solely and fully responsible for the safe operation of the Vehicles at all times. The Buyer assumes all liability and risk associated with the use of the Vehicles and holds TekTrendy Inc. and its owners free from any liability caused by their use. Please be sure to check your local laws and regulations before purchase, and by purchasing, you fully agree to take full liability and responsibility for any injuries, damages or harm to any people with the use of TekTrendy’s vehicles.
Limitation of Liability for TekTrendy Products
TekTrendy strictly ensures all its products are sourced from reliable manufacturers, all its products are handled and/or stored as per manufacturer’s recommendations and all its repairs are done according to manufacturer’s procedures. TekTrendy will strictly follow the required processes and procedures, to the best of their knowledge, capabilities and experience when handling products to ensure the safety of the products as well as the safety to the end consumer. By purchasing products from our website you enter into an agreement releasing TekTrendy from being liable for any losses or damages arising after purchase or by use of any of TekTrendy’s products.
The maximum liability to you on products purchased from TekTrendy shall be limited to the purchase price of the products you paid. We will not be liable for any property damage, personal injury, Fire related incidents, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages arising from use, malfunction or due to defective equipment. This applies in all cases however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or other reasons. By purchasing TekTrendy products, the buyer agrees that, IN NO EVENT WILL TEKTRENDY INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional releases, disclaimers and assumptions of risk
In exchange for Buyer being allowed to use TekTrendy Scooters's, Vehicles, and other equipment or related information provided by TekTrendy, Rider agrees to fully release, indemnify, and hold harmless TekTrendy and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which Rider utilizes TekTrendy Scooter's, and every property owner or operator with whom TekTrendy has contracted to operate TekTrendy Scooter's and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Buyer's use of the TekTrendy Scooter's, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the TekTrendy products, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Buyer's use of any of the foregoing.
To the fullest extent permitted by law, and as to Buyer's use of any of the TekTrendy Scooter's, Vehicles, or related equipment, TekTrendy and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the TekTrendy Scooter's, Vehicles, and related equipment are provided “as is” and “as available,” and Buyer relies on them at Buyer's own risk.
Buyer is aware that Buyer's use of any of the TekTrendy Scooter's, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Buyer or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- vehicles and other objects;
- Provincial and federal laws & electric scooter legislation;
- Vehicle or component malfunction;
- road conditions;
- weather conditions;
- failure to follow applicable laws and regulations regarding use and/or operation of the Vehicle;
- commission of acts that are deemed to be prohibited;
- failure to wear a helmet where required by law; and
- negligent acts or omissions by TekTrendy, any other Released Person, Rider, or third party.
Buyer is solely and fully responsible for the safe operation of Vehicle at all times. Buyer agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of TekTrendy, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Buyer does not know or suspect to exist in his or her favor at the time of use of TekTrendy Products, and expressly waives Buyer's rights under any statutes that purport to preserve Buyer's unknown claims.