Terms And Conditions

These Terms of Service govern the use of the community platform offered by Velotooler, LLC ("Company") at Company's website (velotooler.com or the "Site") or mobile applications. The platform services provided by Company, the Site and mobile applications together are hereinafter collectively referred to as the "Velotooler Platform."

Your use of the velotooler Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy (the "Privacy Policy") available here, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time.

These terms and conditions may change at our discretion any time, and without notice.

Use of and orders placed on this website are governed by the laws and the courts of the state of Delaware, and by the applicable laws of USA. The user is also responsible for complying with these laws.

We may correct errors or inaccuracies and change or update information on this website and our mobile app at any time without notice, including prices and services availability. All prices listed on the platform are subject to confirmation. We reserve the right to cancel orders and terminate the account of a user at our discretion.

1. Velotooler Platform Connects Bicycle Mechanics and Clients

The velotooler Platform is a web-based communications platform which enables the connection between Clients and Bicycle Mechanics. "Clients" are individuals and/or businesses seeking to obtain bicycle repair services ("Requests") from Mechanics and are therefore clients of Mechanics, and "Mechanics" are individuals and/or businesses seeking to perform Requests for Clients. Clients and Mechanics together are hereinafter referred to as "Users." If you agree on the terms of a Request with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

Company (Velotooler LLC) does not perform Requests and does not employ individuals to perform Requests. Company does not supervise, direct or control a Mechanic's work or the requests in any manner, which users hereby acknowledges.

The velotooler platform only enables connections between Users for the fulfillment of Requests. Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Requests, Mechanics, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Requests requested and services provided by Users identified through the velotooler platform whether in public, private, or offline interactions.

2. User Vetting

Users may be subject to an extensive vetting process before they can register for and during their use of the velotooler platform, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and Local level, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.

Although Company may perform background checks of Users, as outlined above, Company cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the velotooler platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. Neither company nor its affiliates are responsible for the conduct, whether online or offline, of any User of the velotooler platform and you hereby release company and its affiliates from any liability related thereto. Company and its affiliates will not be liable for any claim, injury or damage arising in connection with your use of the velotooler platform.

3. Contract between Clients and Mechanics

You acknowledge and agree that a contract (the "Service Agreement") is formed when you agree to the terms of a Request with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the velotooler platform, and any other contractual terms accepted by both the Client and the Mechanic to the extent such terms do not conflict with the terms in this Section 3 and do not expand Company's obligations or restrict Company's rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Mechanic.

The Client shall pay for completed Request services through the PSP (as defined below) as indicated on the velotooler platform at the rates agreed to in the engagement terms. Each party agrees to comply with the velotooler best practices guide during the engagement, performance and completion of a Request. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives (support@velotooler.com) for at least thirty (30) days before initiating any proceeding between the parties.

4. Billing and Payment

Users of the velotooler platform contract for Request directly with other Users. Company will not be a party to any contracts for Requests or services. Payment for Request or services through the velotooler platform is made directly from the Client to the Mechanic and not by Company.

Users of the velotooler platform will be required to provide their credit card or bank account details to Company and the Payment Service Provider retained by Company (the "PSP"). Clients will be responsible for paying the fee for each Request, which will include (I) the pricing terms of the Request agreed with and determined by the velotooler platform, (II) any tip or gratuity, if applicable, (III) the service charge Company assesses for the velotooler platform, variable based on the Request Payment amount, and (IV) the platform fee, which is used to offset Company's cost of maintaining velotooler platform.

Mechanics are required to register with the PSP, agree to Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. Terms of Service between Mechanics and the PSP retained by Company are available here (the "PSP Agreement"). By accepting these Terms of Use, each Mechanic agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement (currently, Stripe) are the parties to the PSP Agreement and that Company has no obligations or liability to any Mechanic under the PSP Agreement.

When Client receives confirmation through the velotooler platform or via email that a Request has been completed, Client automatically authorizes Company to provide Client's payment details to the PSP for processing of Request Payment, out of pocket expenses (Tips) owed to Mechanics, and the service charge and platform fees owed to Company for the use of the velotooler platform. You may be charged a cancellation fee through the PSP if you book a Request, but cancel it before it is completed, as set forth in the Request pricing terms.

Company reserves the right, in its sole discretion (but not the obligation), upon request from Client or Mechanic or upon notice of any potential fraud, unauthorized charges or other misuse of the velotooler platform, to (I) place on hold any Request Payment and out of pocket expenses (Tip), or (II) refund, provide credits or arrange for the PSP to do so.

Request Payment and fees must be paid through the PSP as indicated on the velotooler platform.

Users of the velotooler platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Request services provided under the Agreement (other than taxes on Company's income).

5. Copyright Considerations

All textual and graphic content on this site, its organization and presentation, and our organization and domain name are our property, and are therefore copyrighted by the Company. The materials on this site may not be copied, reproduced, posted, or republished in any way. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only. Otherwise, the republication or use of these materials on any other website without prior written consent from us is prohibited, and all rights are reserved.

The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Velotooler LLC and others, and so your own use of them is prohibited.

Images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.

6. Using Linked Content

This site provides links to other websites. All those sites are independent from Velotooler LLC, and therefore we have no control over, and no liability for, those websites or their contents, or their use. We provide these links for your convenience, and you decide to access them at your own risk.

7. User-Provided Content

By submitting content, users warrant that they have full right and authority to submit that content, and that they have sole copyright and proprietary right over that content. Users may not contribute post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever.

8. Account, Password, Security and Mobile Phone Use

You must register with Company and create an account to use the velotooler Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the velotooler platform. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.

By providing your mobile phone number and using the velotooler platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the velotooler platform.

9. Our Liability

This website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website's content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that some service requests might be canceled.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

Velotooler LLC and our directors and employees are not liable for any damages arising out of or related to access to or use of our site or our services, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.

10. Disclaimer of Warranties

Use of the service is entirely at your own risk.

The velotooler platform is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the content provided through the velotooler platform or the content of any sites linked to the velotooler platform and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the velotooler platform, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Company does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the velotooler platform or any hyperlinked website or featured in any banner or other advertising and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Without limiting the foregoing, neither Company nor its affiliates warrant that access to the velotooler platform will be uninterrupted or that the velotooler platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the velotooler platform, or as to the timeliness, accuracy, reliability, completeness or content of any Request or Service, information or materials provided through or in connection with the use of the velotooler platform.

Neither Company nor its affiliates are responsible for the conduct, whether online or offline, of any User.

Neither Company nor its affiliates warrant that the Platform is free from viruses, worms, trojan horses, or other harmful components.

Company and its affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or Used by others.

In addition, notwithstanding any feature a Client may use to expedite velotooler selection, each Client is responsible for determining the Request and selecting their Mechanic and Company does not warrant any goods or services purchased by a Client and does not recommend any particular Mechanic. Company does not provide any warranties or guarantees regarding any Mechanic's professional accreditation, registration or license.

This agreement between Velotooler LLC and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.