TERMS OF SERVICE AND LIABILITY AGREEMENT

TERMS OF SERVICE AND LIABILITY AGREEMENT

Welcome to TN Ebike Canada (“Company”, “we”, “our”, or “us”). By purchasing, using, or accessing our products, services, or website, you (“Customer”, “you”) agree to the following Terms of Service and Liability Agreement.

Please read this agreement carefully.


  1. GENERAL USE

By accessing our website or purchasing our products, you confirm that you are at least 18 years of age or have the consent of a legal guardian. You agree to use our products in accordance with all applicable federal, provincial, and municipal laws in Canada.


  1. PRODUCT USE AND LEGAL COMPLIANCE

Electric bicycles sold by TN Ebike Canada are designed to comply with Canadian federal regulations (maximum 500W output and 32 km/h speed limit when configured for legal use).

It is the sole responsibility of the customer to:

  • Ensure the product is used legally in their province or municipality
  • Follow all traffic laws and safety regulations
  • Wear appropriate safety gear, including a helmet where required

We are not responsible for misuse or illegal operation of our products.


  1. ASSUMPTION OF RISK

You acknowledge that riding an electric bicycle involves inherent risks, including but not limited to:

  • Accidents and collisions
  • Loss of control
  • Mechanical failure
  • Injury, serious bodily harm, or death

By purchasing or using our products, you voluntarily assume all risks associated with operation and use.

You agree that TN Ebike Canada shall not be held liable for any injuries, damages, or losses resulting from such risks.


  1. LIMITATION OF LIABILITY

To the fullest extent permitted by Canadian law, TN Ebike Canada shall not be liable for:

  • Any indirect, incidental, or consequential damages
  • Personal injury or death
  • Property damage
  • Loss of income, business, or profits

In all cases, our total liability shall not exceed the original purchase price of the product.


  1. NO WARRANTIES BEYOND STATED

All products are provided “as is” and “as available” except for the limited warranty explicitly stated on our website.

We do not guarantee:

  • Continuous, error-free operation
  • Fitness for a particular purpose
  • Compatibility with third-party modifications


  1. CUSTOMER RESPONSIBILITIES

You agree to:

  • Inspect the product before each use
  • Maintain and service the product regularly
  • Ensure all bolts, brakes, tires, and electrical components are in safe condition
  • Stop using the product immediately if any issue is detected

Failure to properly maintain the product may result in injury and void warranty and liability claims.


  1. MODIFICATIONS AND UNAUTHORIZED USE

Any modification, alteration, or upgrade not approved by TN Ebike Canada will:

  • Void all warranties
  • Release TN Ebike Canada from all liability

This includes but is not limited to:

  • Increasing speed beyond legal limits
  • Modifying battery or electrical systems
  • Installing non-approved parts


  1. COMMERCIAL AND DELIVERY USE

Use of our products for commercial purposes (including delivery services such as Uber Eats, DoorDash, etc.) is done entirely at your own risk.

TN Ebike Canada is not responsible for:

  • Increased wear and tear
  • Accidents during commercial use
  • Loss of income or business interruption


  1. BATTERY AND FIRE SAFETY DISCLAIMER

Lithium-ion batteries carry inherent risks, including overheating or fire if improperly used.

You agree to:

  • Use only approved chargers
  • Never leave batteries charging unattended
  • Store batteries in a safe, dry environment
  • Avoid physical damage or exposure to extreme temperatures

Lithium-ion batteries used in electric bicycles carry inherent risks, including overheating, fire, explosion, property damage, serious injury, or death, which may occur even when used properly. By purchasing or using this product, you acknowledge and voluntarily assume all such risks. You agree to use only approved chargers, never charge unattended, properly store and handle the battery, and immediately stop use if any abnormal condition occurs. Any misuse, modification, improper charging, or failure to follow safety guidelines voids all warranties and releases TN Ebike Canada from any liability.

To the fullest extent permitted by law, TN Ebike Canada shall not be liable for any damages, losses, or claims arising from battery use, and any liability, if established, shall be strictly limited to the original purchase price. By using this product, you confirm acceptance of these terms and full responsibility for all associated risks


  1. SHIPPING AND DELIVERY

Once an order has been shipped or delivered, risk of loss transfers to the customer.

We are not responsible for:

  • Delays caused by carriers
  • Damage after delivery
  • Improper assembly after delivery

Customers must inspect products upon receipt and report issues within 48 hours.


  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TN Ebike Canada, its owners, employees, and affiliates from any claims, damages, liabilities, or expenses arising from:

  • Your use or misuse of the product
  • Violation of laws or regulations
  • Breach of this agreement


  1. RETURNS AND WARRANTY

All returns and warranty claims are subject to our official Warranty Policy.

Warranty does not cover:

  • Wear and tear
  • Improper use
  • Accidents or neglect
  • Unauthorized modifications


  1. GOVERNING LAW

This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada.

Any disputes shall be resolved in the courts of Ontario, Canada.


  1. SEVERABILITY

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


  1. ACCEPTANCE OF TERMS

By purchasing, using, or interacting with our products or services, you acknowledge that you have read, understood, and agreed to these Terms of Service and Liability Agreement.

 

TERMS OF PURCHASE, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS

By purchasing, receiving, assembling, servicing, or using any product from TN Ebike Canada (“TN Ebike”), including via tnebike.com, you acknowledge and agree to the following legally binding terms:


1. DEFINITIONS

  • “Equipment” means any e-bike, battery, charger, parts, accessories, or related products sold or serviced by TN Ebike.
  • “Activities” include riding, operating, assembling, modifying, charging, transporting, servicing, or storing Equipment.
  • “Participant” means you and any person who uses or has access to the Equipment.


2. LEGAL CAPACITY

You confirm that:

  • You are at least 18 years old, OR
  • You are authorized to accept this agreement on behalf of all Participants (including minors).

This agreement applies to you and all Participants.


3. ASSUMPTION OF RISK

You understand and agree that using electric bicycles and related Equipment involves inherent risks, including but not limited to:

  • Serious injury, disability, fire, property damage, or death
  • Collisions with vehicles, pedestrians, or objects
  • Mechanical or electrical failure
  • Loss of control due to speed, terrain, or rider error
  • Lithium-ion battery risks, including overheating, fire, explosion, or improper charging/storage

You voluntarily assume all risks, known or unknown, associated with the Equipment and Activities.


4. PRODUCT CONDITION (“AS IS”)

All Equipment is accepted “AS IS”, subject only to any written warranty provided by TN Ebike.

You agree to:

  • Inspect Equipment before use
  • Stop using immediately if defective
  • Maintain Equipment properly

You acknowledge that components may fail without warning, even when properly maintained.


5. SPEED, POWER & MODIFICATIONS

You understand that:

  • E-bikes sold by TN Ebike may be limited to comply with Canadian regulations (500W / 32 km/h)
  • Adjusting settings or modifying Equipment (including unlocking speed or power) may:
    • Make the bike illegal for public road use
    • Increase risk of injury or damage
    • Void warranties

Any modification is done entirely at your own risk, and TN Ebike assumes no liability.


6. SAFETY RESPONSIBILITIES

You agree to:

  • Always wear a helmet and appropriate safety gear
  • Follow all federal, provincial, and municipal laws
  • Never carry passengers unless the Equipment is designed for it
  • Use proper battery charging practices (no unattended charging, correct charger only, safe environment)

You understand that no safety equipment can eliminate all risk.


7. WAIVER & RELEASE OF LIABILITY

To the fullest extent permitted by law, you agree to:

  • WAIVE ALL CLAIMS against TN Ebike Canada, its owners, employees, contractors, suppliers, and affiliates
  • RELEASE TN Ebike from all liability, including for negligence

This applies to any claims related to:

  • Injury, death, or property damage
  • Product defects or failure
  • Battery-related incidents (including fire or explosion)
  • Improper use, storage, or modification
  • Service, repair, or installation work


8. INDEMNITY

You agree to indemnify, defend, and hold harmless TN Ebike from any claims, damages, or legal costs arising from:

  • Your use or misuse of the Equipment
  • Any Participant’s use
  • Any third-party injury or damage caused by you


9. SERVICE & REPAIR DISCLAIMER

You acknowledge that:

  • Repairs and servicing may involve inherent risks
  • TN Ebike is not responsible for issues arising from:
    • Pre-existing conditions
    • Undetected faults
    • Customer modifications or misuse

Post-service use is at your own risk.


10. NO GUARANTEE OF LEGAL USE

TN Ebike does not guarantee that any product will be legal in all jurisdictions or under all modifications.

You are solely responsible for compliance with local laws.


11. GOVERNING LAW

This Agreement is governed by the laws of the Province of Ontario, Canada.
All disputes shall be resolved exclusively in Ontario courts.


12. SEVERABILITY

If any part of this Agreement is found unenforceable, the remaining terms remain fully enforceable.


13. CONTINUING EFFECT

This Agreement applies to all current and future use of TN Ebike products without requiring re-signing.


14. ACKNOWLEDGEMENT

By purchasing or using TN Ebike products, you confirm that you:

  • Have read and understood this Agreement
  • Accept all risks
  • Agree to be legally bound

YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

SERVICE AND REPAIR TERMS & LIABILITY


  1. GENERAL SERVICE AGREEMENT

    By requesting service or repair from TN Ebike Canada, you authorize our technicians to inspect, diagnose, and perform work on your electric bicycle and its components.

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  1. NO GUARANTEE OF COMPLETE REPAIR

    While we strive to provide high-quality service, electric bicycles may have hidden or underlying issues that are not immediately visible. We do not guarantee that repairs will resolve all existing or future problems.

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  1. PRE-EXISTING CONDITIONS

    TN Ebike Canada is not responsible for any pre-existing damage, wear and tear, or hidden defects that may affect the performance or outcome of the repair.

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  1. RISK ACKNOWLEDGEMENT

    You acknowledge that servicing electric bicycles involves certain risks, including the possibility of additional issues arising during or after repair. By proceeding, you accept these risks.

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  1. LIMITATION OF LIABILITY

    To the fullest extent permitted by law, TN Ebike Canada shall not be liable for:

  • Indirect or consequential damages
  • Loss of use, income, or business
  • Any issues arising after the service is completed

Any liability, if established, shall be limited to the amount paid for the service.

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  1. CUSTOMER RESPONSIBILITY

    After service is completed, you are responsible for:

  • Inspecting the bike before use
  • Performing regular maintenance
  • Ensuring safe operation of the bicycle

You must stop using the bike immediately if any issue is detected.

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  1. MODIFICATIONS AND THIRD-PARTY PARTS

    We are not responsible for issues caused by customer modifications or third-party parts not approved by TN Ebike Canada.

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  1. ACCEPTANCE OF TERMS

    By approving or proceeding with service, you confirm that you have read, understood, and agreed to these Service and Repair Terms & Liability.

 

TN Ebike Canada

Effective Date: [May 13, 2023]