LOOPShare Ltd. Terms of Use, Rental Agreement, Waiver of Liability and Release
Effective Date: August 1, 2019

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

In consideration of Your use of any of the LOOPShare Services (defined below) provided by LOOPShare Ltd. (“LOOPShare”), LOOPShare requires that You (“User,” “You,” or “Your”) (acting for all of User’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this LOOPShare Rental Agreement, Waiver of Liability and Release (“Agreement”).

The services provided by LOOPShare include, among other things, (1) LOOPShare mobile application (“LOOPShare App”) and related website, (2) LOOPShare Electric Vehicles (“Vehicle” or “Vehicles”), and (3) all other related equipment, personnel, services, applications, websites, and information provided or made available by LOOPShare (collectively, the “LOOPShare Services”).

You should CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a partial list of some of the terms that LOOPShare wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 16 BELOW

You must end your ride on the LOOPShare App at the conclusion of the ride. If you fail to do so, You will continue to be charged. The maximum charge for a single trip under such circumstances is $100 for 24 hours. For more details, please refer to Section 2.3 below.

Upon conclusion of Your ride, the Vehicle must not be parked at a prohibited parking spot, i.e. unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved space.

All applicable laws and regulations (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.

You must promptly report any damaged or malfunctioning Vehicles to LOOPShare via the LOOPShare App or e-mail.
LOOPShare expressly agrees to let, and the User expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Canadian dollars.

1. GENERAL RENTAL AND USE OF VEHICLE.

1.1 User is Sole User. LOOPShare and the User are the only parties to this Agreement. The User is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.

1.2 User is At Least 18 Years Old. User represents and certifies that User is at least 18 years old. User also represents and certificates that User holds a valid driver’s license allowing operation of the Vehicle in the location where it operated, with a minimum of 1 year of driving history; and You have a clean driving record (as determined by LOOPShare in its sole discretion), which means that, at minimum, you have none of the following: (i) any major violations in the past 3 years; (ii) any alcohol or drug related incidents up to 7 years in the past; (iii) more than 2 minor violations in the past 3 years; and (iv) more than 1 accident in the past 3 years.

1.3 User is a Competent Vehicle Operator. User represents and certifies that he/she is familiar with the operation of the Vehicle, is reasonably competent and physically fit to ride the Vehicle, and has reviewed the safety materials provided in the LOOPShare App and/or LOOPShare’s website. By choosing to ride a Vehicle, User assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

1.4 Vehicle is the Exclusive Property of LOOPShare. User agrees that the Vehicle and any LOOPShare equipment attached thereto, at all times, remain the exclusive property of LOOPShare. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other LOOPShare equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other LOOPShare equipment, for any advertising or other commercial purpose without the express written permission of LOOPShare.

1.5 Vehicle Operating Hours and Vehicle Availability. User agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented during operating hours and within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed. User agrees that LOOPShare may require User to return a Vehicle at any time.

1.6 Operating Area. User agrees not to use, operate, and/or ride the Vehicle in any zone that LOOPShare designates is prohibited and further agrees not to transport the Vehicle outside of permitted service areas.

1.7 User Must Follow Laws Regarding Use and/or Operation of Vehicle. User agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all provincial and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including all motor vehicle laws laws. User also agrees to act with courtesy and respect toward others while using the LOOPShare Services.

1.8 Prohibited Acts. User agrees to the following:

• LOOPShare recommends against operation of a Vehicle while carrying or holding a suitcase, backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the Vehicle. If You choose to use such an item, You do so at your own peril.
• You must not place any objects on the handlebar of the Vehicle, such as backpacks or bags.
• While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
• You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
• You must not carry a second person or child on a Vehicle.
• You may only use locking mechanisms provided by LOOPShare. You may not add another lock to the Vehicle or lock a Vehicle other than in accordance with LOOPShare’s instructions.
• The Vehicle must not be parked at a prohibited parking spot. The Vehicle cannot be parked on unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved space.
• The Vehicle must be parked in a space designated by LOOPShare, and in an upright position using the kickstand.

1.9 Vehicle is Intended for Only Limited Types of Use. User agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. User agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. User agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

You agree that you will not use the Vehicles: (i) on any unpaved roads or in any location where their use is prohibited or illegal; (ii) for racing or stunts; (iii) for commercial purposes, such as rideshare, food delivery or advertising services; (iv) while conducting any activities (including using any cellular telephone or text messaging device) that may distract You from safely operating the Vehicle; (v) while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate the Vehicle; (vi) to tow or haul any trailers or other vehicles, or to carry cargo pounds; or (vii) in any manner that violates applicable law and/or in the commission of any crime.

1.10 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (250 pounds unless otherwise indicated).

1.11 No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the LOOPShare Services other than as specified in this Agreement.

1.12 Reporting of Damage or Crashes; Traffic Violations and Enforcement. User must report any accident, crash, damage, personal injury traffic violation, or stolen or lost Vehicle to LOOPShare as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, User shall file a report with the local police department within 24 hours. User agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.

YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT

User agrees that traffic violations and related citations, fines or impound charges are at the risk and expense of the User, including in connection with improper or unauthorized parking at the end of the rental period.

User agrees and acknowledges that LOOPShare may cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.

1.13 User Responsibility for Vehicle Use and Damage. User agrees to return the Vehicle to LOOPShare in the same condition in which it was rented. User will not be responsible for normal wear and tear.

1.14 Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. User agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. User understands and agrees with each of the following:

• The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
• The level of charging power in the Vehicle at the time User initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
• The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
• It is User’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
• The distance and/or time that User may operate the Vehicle before it loses charging power is never guaranteed.
• The Vehicle may run out of charging power and cease to operate at any time during User’s rental of the Vehicle, including before reaching User’s desired destination.

1.15 No Charging of Vehicle. If the Vehicle runs out of charging power during a rental, User shall conclude the ride in compliance with all terms of this Agreement.

User agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to User charging or attempting to charge the Vehicle. By choosing to charge a Vehicle, User assumes full and complete responsibility for all related risks, dangers, and hazards, and User agrees that LOOPShare and all other Released Persons (defined below in Section 16) are not responsible for any injury, damage, or cost caused by User with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

1.16 Mobile Device Requirements and Active Internet Connection. Unless otherwise instructed by LOOPShare in writing, to activate LOOPShare Services with the LOOPShare App, You must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the LOOPShare App. Certain functions of the LOOPShare App, such as the possibility to register with LOOPShare, to unlock, rent and end the rental of the Vehicle require that the LOOPShare App has an active network connection. You are responsible for the availability and costs of Your mobile data communication services. You are also responsible for ensuring that Your mobile device has adequate battery capacity. LOOPShare shall not be responsible if You are unable to unlock, use or end the ride of the Vehicle as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and LOOPShare may charge You all costs (including rental fees) incurred until the ride is ended. To the extent permitted by law, User agrees to allow LOOPShare to track User’s movements whenever the LOOPShare App is running on User’s mobile device. The use and collection of such information will be governed by LOOPShare’s Privacy Policy. LOOPShare may request User feedback on their usage, experience and satisfaction.

1.17 Approval. In order to use a Vehicle, you must apply through the LOOShare App, including uploading your driver’s license, and receive approval from LOOPShare. LOOPShare reserves the right to approve or deny any application, and to rescind its approval, in its sole discretion. You represent and warrant that all information you submit in connection with your application is true and accurate. As part of this approval process, motor vehicle record checks will be run (and re-run, pursuant to applicable law) to ensure you meet the eligibility requirements.

2. REGISTRATION, PAYMENT AND FEES.

2.1 Fees. User may use the Vehicle in accordance with the pricing described in the LOOPShare App, which may include a ride start fee, fees based on distance or time (with time rounded up to the nearest minute), and/or a required minimum fee. Pricing is subject to change. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by LOOPShare. LOOPShare will charge the User (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement, including any recurring payment you choose.

2.2 Referral and/or Promotional Codes and/or Free Trials/Promotional Offerings.

LOOPShare may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on LOOPShare Services or other features or benefits provided by LOOPShare, subject to any additional terms that LOOPShare establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by LOOPShare; (iii) may be disabled by LOOPShare at any time for any reason without liability to LOOPShare; (iv) may only be used pursuant to the specific terms that LOOPShare establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. LOOPShare reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that LOOPShare determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
We may offer promotional trial subscriptions to access the LOOPShare Services for free for a limited time or at special discounted prices. If You sign up for a trial use, Your rights to use the LOOPShare Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable additional terms. Please be aware that when You sign up for a free trial, You will be required to provide your credit card number and LOOPShare will confirm Your credit card is valid. When We process Your credit card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your credit card company if You have questions. Please note that We do not provide price protection or refunds in the event of a price drop or promotional offering.
ONCE YOUR FREE TRIAL ENDS, WE OR A THIRD PARTY PAYMENT PROCESSOR WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES), UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. IF YOUR FREE TRIAL ENDS AND YOUR SUBSCRIPTION BEGINS, YOUR SUBSCRIPTION WILL AUTORENEW AND YOU WILL BE BILLED ON A RECURRING BASIS FOR YOUR EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL. INSTRUCTIONS FOR CANCELING YOUR MEMBERSHIP SUBSCRIPTION ARE DESCRIBED BELOW. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE AND ABSOLUTE DISCRETION.

2.3 Maximum Rental Time and Charges. The maximum rental time is 24 hours. User agrees that User will deactivate the Vehicle rental within 24 hours of renting a Vehicle. User may then rent again. User agrees that he/she is solely responsible for being aware of the length of any elapsed ride time. The maximum day charge is $100 and is based on a calendar day. After return of the Vehicle, User will be charged the accumulated rental charges, or the maximum day charge, whichever is less.

Rental time will be calculated from the moment of unlocking the LOOPShare through the LOOPShare App until the User receives the confirmation through the LOOPShare App that the ride has been ended. If You end the ride incorrectly, this may result in the Ride not being terminated. If the ride is not ended properly, the Ride will continue and the User will continue to be charged. If you have technical issues terminating a ride for any reason, You should report this to LOOPShare through the LOOPShare App immediately. Failure to report an issue in terminating a ride may result in continued charges.

Vehicles not returned (with the ride concluded) within 48 hours will be considered lost or stolen, and User may be charged up to the value of the Vehicle plus administrative and processing fees. LOOPShare may also charge additional service fees for rentals in excess of 24 hours where the Vehicle is not lost or stolen.

2.4 Valid Payment Method. To be registered to use the LOOPShare Services, User must provide LOOPShare with a valid credit, debit card or prepaid card number and expiration date or other valid payment method information. User represents and warrants to LOOPShare that User is authorized to use any credit, debit or prepaid card or other payment method information User furnishes to LOOPShare. By providing your payment method, You agree that LOOPShare is authorized to charge You for your ride and any other fees incurred by User under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.

When you provide a payment method or in accordance with LOOPShare policies, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

User agrees that LOOPShare may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on User’s behalf directly to the appropriate authority or applicable party. If LOOPShare is required to pay and/or process such fees or associated costs, User agrees that LOOPShare may charge You for the amount LOOPShare pays plus a reasonable administration charge for dealing with these matters; LOOPShare will provide notice of any such costs or fees.

In the event LOOPShare uses a third party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines and/or penalties, User agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.

If User disputes any charge on User’s payment method, then User must contact LOOPShare within 15 business days from the end of the month with the disputed charge, and provide to LOOPShare all trip information that is necessary to identify the disputed charge. User agrees to immediately inform LOOPShare of all changes relating to the payment method.

If You have agreed to make automatic or recurring payments, such payments will continue until you cancel or your account is terminated. You can cancel by following the instructions on the LOOPShare App. If you cancel, You may use any remaining balance on your account but may not be able to continue using LOOPShare Services until you have reauthorized an applicable payment method. LOOPShare may continue to charge your payment method for any additional fees or charges incurred under this Agreement.

2.5 Account Registration and Security. You understand that You will need to create an account to have access to the LOOPShare Services. You will: (a) provide true, accurate, current and complete information about You as prompted by the LOOPShare Services’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or LOOPShare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LOOPShare has the right to suspend or terminate Your account and refuse any and all current or future use of the LOOPShare Services (or any portion thereof). You are entirely responsible for the security and confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the LOOPShare Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the LOOPShare Services. We have the right to provide Your billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business, or in some cases, as a result of mandatory data sharing with governments). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information.

2.6 Pick Up Fees. If You are unable to return a Vehicle to a valid area and request that the Vehicle be picked up by LOOPShare staff, LOOPShare, at its sole discretion, may charge You a pick-up fee. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle. Fees are subject to change.

2.7 Mispriced Products or Services. We do our best to describe every item, product or service offered on the LOOPShare Services as accurately as possible. However, We are human, and therefore We do not warrant that specifications or pricing on the LOOPShare Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, LOOPShare shall have the right to refuse or cancel any orders in LOOPShare’s sole and absolute discretion. If We charged Your credit card or other account prior to cancellation, We will issue a credit to Your account in the amount of the charge. Additional terms may apply. If a product You purchased from LOOPShare is not as described, Your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

3. ADDITIONAL TERMS OF USE.

3.1 Safety Check. Before each use of a Vehicle, User shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. User agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert LOOPShare of any problems.

3.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours, (b) the Vehicle’s GPS unit is disabled, (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non-authorized space for more than fifteen minutes after a ride ends, (d) the Vehicle moves more than twenty feet after a rental has ended and LOOPShare believes such movement was not caused by another User or authorized third party, or (e) other facts and circumstances that suggest to LOOPShare in its reasonable, good faith determination that a Vehicle has been lost or stolen. LOOPShare and You agree that the last User of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to LOOPShare in its reasonable, good faith determination. If LOOPShare deems a Vehicle lost or stolen, LOOPShare shall have the authority to take any and all actions it deems appropriate (with respect to the last User of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. User agrees the data generated by LOOPShare’s computer is conclusive evidence of the period of use of a Vehicle by a User. User agrees to report Vehicle disappearance or theft to LOOPShare immediately or as soon as possible.

3.3 Helmets; Safety. LOOPShare requires that all Users wear the helmet provided by LOOPShare that is included in the compartment attached to the Vehicle. In the event a Vehicle does not have a helmet included, the User shall report this to LOOPShare and not make use of the subject Vehicle. User agrees that none of the Released Persons (defined below in Section 16) is liable for any injury suffered by User while using any of the LOOPShare Services, whether or not User is wearing a helmet at the time of injury. User assumes all risk of not wearing a helmet or other protective gear. User may need to take additional safety measures or precautions not specifically addressed in this Agreement.

3.4 Vehicle Routes. User agrees that LOOPShare does not provide or maintain places to ride Vehicles, and that LOOPShare does not guarantee that there will always be a safe place to ride a Vehicle. Roads, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

3.5 Limitations on Vehicle Rental. User agrees that LOOPShare is not a common carrier. Alternative means of public and private transportation are available to the general public and to User individually, including public buses and train service, taxis, and pedestrian paths. LOOPShare provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

4. Term and Termination. The term of this Agreement begins when You first use the LOOPShare Services, and the term ends 10 years after You last use the LOOPShare Services; provided, however, that Your personal financial responsibility under this Agreement expires one year after You last use the LOOPShare Services. At any time and from time to time, and without User’s consent, LOOPShare may unilaterally terminate User’s right to use the LOOPShare Services, in LOOPShare’s sole discretion and without any notice or cause. User may terminate User’s use of the LOOPShare Services at any time; provided, however, that (i) no refund will be provided by LOOPShare, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) User may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of User’s right to use any of the LOOPShare Services, regardless of how the Agreement is terminated.

5. Confidentiality of Information; Privacy Policies. You understand and agree that all personal information that is held by LOOPShare and pertains to Users, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by LOOPShare in accordance with its privacy policy located at http://www.loopscooters.com

6. License to Image and Likeness. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to LOOPShare and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the LOOPShare Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to LOOPShare and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the LOOPShare Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as LOOPShare may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 16) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

7. Notice. LOOPShare may be contacted by emailing info@loopshareltd.com or by mail at Suite 106 – 131 Water Street, Vancouver, B.C., Canada V6B 4M3

8. Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Province of British Columbia, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the Province of British Columbia and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Vancouver, British Columbia.

9. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9.1 Initial Dispute Resolution. User Support is available via the LOOPShare App to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

9.2 Binding Arbitration

If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by the International Centre for Dispute Resolution (“ICDR”), or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for ICDR or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, provincial, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, LOOPShare will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

9.3 Location. The arbitration will take place in Vancouver, British Columbia or a mutually agreed upon location.

9.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LOOPSHARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

9.5 Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in provincial, state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

9.6 Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: LOOPShare Ltd., Suite 106 – 131 Water Street, Vancouver, B.C., Canada V6B 4M3. The notice must be sent within 30 days of the effective date or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, LOOPShare also will not be bound by them.

9.7 Changes to this Section

LOOPShare will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.

For any dispute not subject to arbitration you and LOOPShare agree to submit to the personal and exclusive jurisdiction of and venue in the federal and provincial courts located in Vancouver, British Columbia. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

10. Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

11. Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

12. Final Agreement; Modification by LOOPShare. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without User’s consent, LOOPShare may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the LOOPShare Services after any amendment, modification, or change, User has agreed to be bound by all such amendments, modifications, and changes. User must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, LOOPShare will post a notification on the Website. The pricing set forth on the Website or LOOPShare App supersedes all pricing set forth in this Agreement.

13. Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

14. Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of LOOPShare. User acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

15. Force Majeure. LOOPShare shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.

16. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.
16.1. Releases. “Claims” means, collectively, and without limitation, 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 attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including 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 LOOPShare Services, including any of the Vehicles, equipment or related information, and/or (b) Your use of any of the foregoing. “Released Persons” means, collectively (i) LOOPShare and all of its owners, managers, affiliates, employees, agents, representatives, successors, assigns, licensors, licensees, distributors, vendors or third parties with whom LOOPShare authorizes or otherwise partners with to distribute, market or otherwise commercialize the LOOPShare Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize LOOPShare to operate any of its LOOPShare Services, and (iii) to the extent You access the LOOPShare Services using a third party application, website, content, products, or services, that third party and all of its owners, managers, affiliates, subsidiaries, employees, directors, agents, representatives, successors, and assigns. In exchange for being allowed to use any of the LOOPShare Services, and other equipment or related information provided by LOOPShare, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the LOOPShare Services.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
16.2 Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE LOOPSHARE SERVICES, VEHICLES, OR RELATED EQUIPMENT, LOOPSHARE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE LOOPSHARE SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
• the LOOPShare Services (including the Vehicles, the content, the equipment rented through the LOOPShare Services);
• the functions, features, or any other elements on, or made accessible through, the LOOPShare Services;
• any instructions offered or referenced at or linked through the LOOPShare Services;
• 6security associated with the transmission of Your communications transmitted to LOOPShare via the LOOPShare Services;
• whether the LOOPShare Services or the servers that make the LOOPShare Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your device(s));
• whether the information (including any instructions) on the LOOPShare Services is accurate, complete, correct, adequate, useful, timely, or reliable;
• whether any defects to or errors on the LOOPShare Services will be repaired or corrected;
• whether Your access to the LOOPShare Services will be uninterrupted;
• whether the LOOPShare Services will be available at any particular time or location; and
• whether Your use of the LOOPShare Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
LOOPSHARE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE LOOPSHARE SERVICES, VEHICLES, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE LOOPSHARE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. However, in those jurisdictions, LOOPShare expressly disclaims any and all warranties to the fullest extent permitted by applicable law.
16.3 LIMITED LIABILITY OF LOOPSHARE; ASSUMPTION OF RISK BY YOU.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, LOOPSHARE AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE LOOPSHARE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A LOOPSHARE SUPPLIED THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY PRODUCT, AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF LOOPSHARE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE TOTAL LIABILITY OF LOOPSHARE AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE LOOPSHARE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT LOOPSHARE AND THE RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE LOOPSHARE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
You are solely and fully responsible for the safe operation of the Vehicles at all times.
• You agree that the Vehicles are machines that may malfunction, even if the Vehicles are properly maintained, and that such malfunction may cause injury.
• You agree that riding the Vehicles involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
• You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet other protective gear. If You do not wear An approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions, You do so at Your own risk. A helmet and protective gear, even when used, do not eliminate the risk of bodily injury in the event of an accident.
• You agree that if Your use of any of the LOOPShare Services, Vehicles, and/or related equipment causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.
16.4 Indemnification. You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the LOOPShare Services, Vehicles, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the LOOPShare Services and Your activities in connection with the LOOPShare Services; (iv) Your breach or alleged breach of this Agreement or any additional terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the LOOPShare Services (including the Vehicles) or Your activities in connection with the LOOPShare Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.
17. User Generated Content. Users may post, upload and/or contribute (“post”) content to the LOOPShare Services, including, without limitation, comments, messages, photographs, or any other form of copyrighted material (collectively, “User Content”). Any use or reliance on any User Content posted via the LOOPShare Services or obtained by You through the Services is at Your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the LOOPShare Services or endorse any opinions expressed via the LOOPShare Services. You understand that by using the LOOPShare Services, You may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such User Content. We may not monitor or control User Content posted via the LOOPShare Services and, we cannot take responsibility for such User Content. You agree, represent, and warrant that i) any User Content You upload or transmit to or through the LOOPShare Services is truthful, accurate, not misleading, and offered in good faith, ii) You have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the LOOPShare Services and grant the rights to the User Content as set forth in these Terms, and iii) the Use of such User Content in a manner consistent with these Terms will not (a) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (b) require LOOPShare or any Third Party Site on or through which the LOOPShare Services are made available to pay any fees of any kind to any third party.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to reproduce, distribute, publicly display, communicate to the public, make available, publicly perform (including by means of digital audio transmissions) on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) any User Content that you post on the LOOPShare Services; to advertise, market, and promote your User Content, Loop, and the LOOPShare Services, with your name, image, voice, likeness, and/or any photographs or artwork made available by or on your behalf through the LOOPShare Services; and to sublicense any User Content, in each of the foregoing instances, in LOOPShare’s sole discretion. This license lasts until you terminate your LOOPSHare account, except in the case of User Content that You have published, made public and/or share with others. Aside from the rights specifically granted herein, You retain ownership of all rights, including intellectual property rights, in the User Content that You post to the Services, except that, where applicable under local country law, you agree to waive your right to be identified as the author of any User Content on the Services and your right to object to derogatory treatment of such User Content.
LOOPShare does not monitor, review, or edit User Content, but reserves the right to, monitor, review, access, or remove any or all of your User Content from the LOOPShare Services for any or no reason, including but not limited to, User Content that, in LOOPShare’s sole discretion, violates these Terms. LOOPShare may take these actions without prior notification to You. Removal or disabling of access to User Content shall be at our sole discretion.
In addition, whether or not you have a commercial purpose:
• You must not access, monitor or copy any content or information of the LOOPShare Services using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of LOOPShare or deep-link to any feature or content on the LOOPShare Services.
• You must not violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the LOOPShare Services.
• You must not take any action that imposes, or may impose, in the discretion of LOOPShare, an unreasonable or disproportionately large load on the LOOPShare infrastructure.
• You must not deliver any unlawful (according to local or international law or regulation) postings to or through the LOOPShare Services, or any postings which advocate illegal activity.
• You must not deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
• You must not deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals, including LOOPShare employees, on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• You must not deliver or provide links to, any postings containing defamatory, false or libelous material.
• You must not deliver any posting that infringes or violates any intellectual property or other rights of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• You must not deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• You must not impersonate another person or entity or falsely state or otherwise, misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• You must not restrict, discourage or inhibit any person from using the LOOPShare Services, disclose personal information about a third person on the LOOPShare Services or obtained from the LOOPShare Services without the consent of such person or collect information about Users.
• You must not manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• You must not use the LOOPShare Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the LOOPShare Services or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment or otherwise attempt to use or access any portion of the LOOPShare Services other than as intended by LOOPShare;
• You must not attempt to gain unauthorized access to the LOOPShare Services, any related website, other accounts, computer system, or networks connected to the LOOPShare Services, through hacking, password mining, or any other means.
• You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the LOOPShare Services, including harvesting or otherwise collecting information about others such as email addresses, names or personally identifiable information.
• You must not reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the LOOPShare Services, use of the LOOPShare Services, access to the LOOPShare Services or content obtained through the LOOPShare Services, for any purpose other than expressly permitted by this Agreement.
• You must not assist or permit any persons in engaging in any of the activities described above.

18. Links to Third Party Sites. The LOOPShare Services contain links or other connections to Third Party Sites. LOOPShare provides these links only as a convenience to you and does not endorse, and is not responsible for, the contents on such linked sites whether or not LOOPSHare is affiliated with the owners of such Third Party Sites. Further, LOOPShare is not responsible for any viruses’ accessed through said third-party. If You decide to access linked Third Party Sites, you do so at Your own risk. Certain of these Third Party Sites may make use of LOOPShare’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from LOOPShare. LOOPShare is not responsible for the availability or content of these Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services. You agree that LOOPSHare will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings you may have on or through a Third Party Site or as the result of the presence of any Third Party advertising on the LOOPShare Services.

RIDER ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

I certify that I am the User, I am 18 years old or over, I have a valid driver’s license, I will wear a helmet at all times, I will not ride a LOOPShare with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
LOOPShare Ltd. Privacy Policy and Cookie Notice

Last Updated: August 1, 2019

We are committed to providing you notice about how LOOPShare Ltd. and our affiliate and subsidiary companies (together, “LOOPShare” or “we”, or “us”, or “our”) handle your information. This LOOPShare Privacy Policy (the “Privacy Policy”) applies to the information, that we collect and process about users of our Services, and those who communicate with us about our Services, interact with us on social media, attend our events, participate in our surveys, contests and promotions, or are subscribed to our marketing and informational communications (the “Interactions”). In this Privacy Policy, “Services” means:

• LOOPShare websites that link to this Privacy Policy, including any versions optimized for viewing on a mobile device (the “Sites”),
• LOOPShare mobile applications (each an “App”),
• LOOPShare vehicles (each a “Vehicle”), and
• the features and services available through our Sites, Apps and Vehicles

We have established this Privacy Policy to let you know the kinds of information we may gather during your use of the Services and related other Interactions, how we use your information, when we might disclose your information, and your rights and choices regarding your information that we collect and process.

This Privacy Policy contains the following sections:

• The Information We Collect
• Use and Processing of Information
• Disclosure of Your Information
• Use of Cookies and Other Online Tracking Technologies
• Online Advertising
• How We Protect Your Information
• Retention of Your Information
• International Users
• Third Party Links and Services
• Changes to this Privacy Policy
• Your Choices
• Access and Data Subject Rights
• Your California Privacy Rights
• Contact Information

THE INFORMATION WE COLLECT

We collect information related to our Services and Interactions directly from users, automatically related to their use of the Services and our Interactions, as well as from third parties. We may combine the information we collect from these various sources.

Information You Provide to Us. We collect information directly from users:

• Account registration, management, profile creation and modification
• Account access and use, as well as uploading content to the Services and other associated activities
• Vehicle use
• Access to and use of the Sites and Apps
• Submission of payment information
• Event registration and attendance
• Participation in surveys, contests, sweepstakes and promotions sponsored by LOOPShare
• Signing up to receive alerts or other information via email, text or instant messages from LOOPShare
• Customer service, technical support, and related communications
• Participation in communities, commenting on blog entries, interacting with use on social media, and participation in other forums
• Submission of an application or resume to work at LOOPShare

The types of information we collect directly from you are: your name, e-mail address, phone number, postal address, other contact information, credit card and billing details, including billing address, communications preferences, payment and transaction history, where required your birthdate and driver’s license information or other identification card, and any other information you submit to the Services or otherwise provide to us. We also collect certain demographic data if you provide it to us including age, gender, preferred language, and current location.

Automatically Collected Information. We also collect information through automated and technical means as you browse our Sites, use our Apps, or otherwise use the Services:

• Device and Online Usage. We collect information about your computer, browser, mobile or other device that you use to access the Services. We may use cookies, pixels, log files and other similar technologies to collect such information, including IP address, device identifiers and other unique identifiers, browser type, browser language, operating system name, and version, device name and model, version, referring and exit pages, dates and times you access our Services, the length of time that you are logged into or using our Services, the links you click or features you use, software crash reports and session identification number. Please see the “Use of Cookies and Other Online Tracking Technologies” section below or our Cookie Notice for more information.
• Location Info and Vehicle Usage. We automatically collect and store location information from your device and from any Vehicles you use. We collect and store the location information (e.g., city, province or state or zip or postal code where available) associated with the IP address of the device you use to access the Services, as well as, with your permission, your mobile device’s location information using GPS or Bluetooth (you can change your location/Bluetooth settings for your mobile device; however, certain features may not be available through the App if you do so).
• Analytics: We compile and analyze information derived from the use of our Services, such as aggregate usage patterns, user preferences, peak demand times, common routes and other information.

Information We Collect From Third Party Sources. In some cases, we collect user information from third parties.

• Third Party Platforms and Social Media Sites. When you interact with us or post content about us on third-party social media platforms – like Facebook, Twitter, Tumblr, LinkedIn, YouTube or Pinterest – we may collect certain information about that interaction; the information that we may collect is based on your settings on and the policies of these social media platforms. We may also allow you to post certain information from these platforms to your LOOPShare profile, and permit you to login to the Services using your third-party social media account, in which case you will be asked to consent to our access and collection of certain information from your social media profile, subject to the policies of that platform.
• Other Third-Party Sources. We also may collect information about you that we may receive from business partners, marketers, analysts and other sources to, enable us to verify and update information contained in our records and better customize the Services for you. We may also collect information from credit reporting agencies to determine your creditworthiness, credit score and credit usage, in compliance with and to the extent permitted by applicable laws.
• Referrals. We may from time to time conduct a referral service so that you may introduce people you know to our Services, in accordance with applicable local laws. If you choose to use our referral service to tell someone about our Services, we will provide you with a template message and referral code to send to your friend. We will not collect the referral’s information unless he/she signs up to use the Services with the referral code.

USE AND PROCESSING OF INFORMATION
We generally use the information we collect from and about you to provide and operate the Services, respond to user requests, for customer service and support, to protect our rights and those of others, to send marketing communications, to help us personalize user experiences and to improve the Services, as explained in more detail below.

Legal Bases for Processing Under EU Law. Where EU data protection law applies, we process your personal data as defined by applicable EU law for the purposes set out in the table below, under the following legal bases:

• Our Contract With You. Our processing is necessary to perform our obligations under a contract with you or to perform steps requested by you prior to entering into a contract with you (e.g., to verify the information you have provided to us and provide the Services to you).
• Our Legitimate Interests. Our processing is necessary for our legitimate interests, including to protect the security our Services; to protect the health and safety of others; to establish, protect and defend our legal rights and interests; to monitor and protect our Vehicles; to prevent fraud and verify identity and authorization of users; to personalize user experiences and content; to understand and analyze usage trends; and to improve the Services.
• Legal Compliance. Where our processing is required to comply with applicable law (for example, to maintain your payment transaction history for tax reporting purposes).
• Your Consent. When we have your consent as defined by applicable law.
• In addition, we may process information to the extent necessary to protect the health, safety or vital interests of any person and to establish, protect and defend our legal rights.
• Purpose of Use and Processing. Generally, we use the information we collect as set forth in the below table:

Purposes of Use and Processing of Information EU Legal Bases

Providing Support and Services
To provide and operate the Services and related features, fulfill your orders and requests and to process your payments
To update the Services
To track Vehicles, including location, battery levels and rental status
To permit you to update, edit, and manage your content
To communicate with you about your use of the Services and respond to your inquiries and complaints
For troubleshooting, technical and customer service and support purposes Our Contract with You
Our Legitimate Interests
Protect Legal Rights
Verification
To verify the identity of users, applicants and others with whom we interact
To confirm authorization of users that access and use the Services Our Contract with You
Our Legitimate Interests
Improve Services and Analytics
To create anonymous or aggregate information
To optimize or improve our products, services and operations
To perform statistical, demographic, and marketing analyses of our users, to analyze and understand usage and activity trends, demographic trends and for other research, analytical, and statistical purposes Our Legitimate Interests
Communicate with You
To communicate with you about your account or transactions with us (including Services-related announcements) or your comments to a blog post
To communicate with you about changes to our policies Our Contract with You
Our Legitimate Interests
Protect Legal Rights
Personalize Services and Ads
To personalize content and experiences on our Services, including providing you reports, recommendations, and feedback based on your preferences, and to use your location information for personalization purposes
To better target ads so that users receive ads that are relevant to them Our Legitimate Interests
Your Consent
Marketing and Promotions
To send you information, news, updates and offers about us or our Services (subject to your consent where required by applicable law)
For other direct marketing and promotional purposes Our Legitimate Interests
Your Consent
Protect Legal Rights and Prevent Misuse
To protect the Services and our business operations
To detect, investigate, prevent or take action regarding illegal activities, misuse, suspected fraud or situations involving potential threats to the safety or legal rights of any person or entity, and as evidence in litigation
To investigate, enforce and prevent violations of our policies and terms (including this Privacy Policy, our Terms of Use and Rental Agreement)
As otherwise necessary to establish, protect and defend our legal rights Our Legitimate Interests
Our Contract With You
Protect Legal Rights
Complying with Legal Obligations
To comply with the law
To respond to legal process or enforcement or legal process requests, e.g. in response to subpoenas, court orders and other lawful requests by regulators, courts and law enforcement agencies, or related to national security requests Legal Compliance
Our Legitimate Interests
Protect Legal Rights
General Business Operations
Where necessary for the administration of our general business, accounting, recordkeeping and legal functions
As part of our routine business administration, such as employee training, compliance auditing and similar internal activities Our Legitimate Interests
Protect Legal Rights

DISCLOSURE OF YOUR INFORMATION
We disclose the information we collect, in the following ways:
• Affiliates and Subsidiaries. Amongst our affiliated and subsidiary companies in furtherance of the purposes set out in this Policy; their use of your information is subject to this Privacy Policy.
• Business Partners and Third Parties. We may share your information with business partners who jointly sponsor events with us, from time to time; where required by applicable law, we will obtain your prior consent. You may at any time withdraw your consent or tell us to stop sharing your personal information (as defined under applicable law) with business partners and third parties by following the opt-out process described in the “Your Choices” section below. If you use the Services through a third-party platform that manages its own fleet of LOOPShare vehicles, we will also share your information with the platform operator to assist in operating the Services.
• Third-Party Service Providers. We use a variety of third party service providers that perform functions on our behalf, such as hosting, billing and payment processing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc.
• General Business Operations. Where necessary to the administration of our general business, accounting, record keeping and legal functions, to our tax advisors, legal counsel and other professional services entities or agents.
• Legal Compliance and Protection of Rights. We may also use or disclose information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Services; (b) establish, protect and defend our rights or property, the Services or our users, including to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our User Agreement, other agreements or policies, or as evidence in litigation in which we are involved; and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or users of the Services or the public. This includes exchanging information with other companies and organizations for fraud protection.
• Other Users. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential and may be accessed by others. For example, if you submit a product review on one of our Sites, we may display your review (along with the name provided, if any) on other LOOPShare Sites and on third-party websites. Moreover, if you provide a comment on our blog, other blog readers will be able to review your comments, and if you interact with us on our social media pages, your comments will be publicly available. So, please take care when using these features. If you’d like to request removal of information that we have posted about you, please contact us as set forth in the “ Your Choices” section below.
• Aggregate/Anonymous Information. We may share aggregate/anonymous information about use of the Services with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual, such as by publishing a report on usage trends. The sharing of such data is unrestricted.
• Business Transfers. As we continue to develop our business, we may seek to buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third party, customer information would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

To request more information about the companies to whom we have disclosed your information, please contact us as set out in the “Contact Information” section.

USE OF COOKIES AND OTHER ONLINE TRACKING TECHNOLOGIES
Like most Sites and Apps and online Services, we use “cookies,” web beacons (a/k/a pixel tags), analytics devices and similar technologies (some of which are operated by third parties) to record your preferences, gather information about the use of our Services, personalize content and ads and track information about the performance of our advertisements. We may also use these technologies to monitor traffic and make the Services easier and/or more relevant for your use. We may combine this information with other information we collect from you.

Cookies. These are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes and associate with small text files that we use to record certain information regarding your use of our online Services, your preferences and actions, and other device and usage data as described above. Some cookies allow us to make it easier for you to navigate our Sites, Apps, and Services, while others are used to enable a faster log-in process, personalize your use of the Services, or otherwise allow us to track your activities while using our Services. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline or block cookies if you prefer. If you delete your cookies or if you set your browser or device to decline or block these technologies, some features of the Services may not work or may not work as designed.

Pixel tags (a/k/a web beacons or clear GIFs). Pixel tags are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web pages or within emails. We or our service providers may use pixel tags in connection with our Services to, among other things, track the activities of users of the Site and App, help manage content, measure ad performance and compile statistics about usage. We or our service providers also use pixel tags in HTML emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Analytics Services. We use third-party analytics services, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on our Services. Google Analytics uses cookies and other tracking technologies to help us analyze how users interact with and use the Services, compile reports on user’s’ activity, and provide other services related to activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website or app. To learn more about Google’s analytics services and to learn how to opt out of tracking of analytics by Google click here.

For more information about our use of cookies, third-party analytics and other tracking devices, please see our Cookie Notice.

ONLINE ADVERTISING
In order to display more relevant advertising on our Services, to manage our advertising on third-party sites, mobile apps and online services, and to measure and improve our ads and marketing efforts, we may work with Facebook, Google and other third-party ad companies, ad exchanges, channel partners, measurement services and ad networks. Please see the “Use of Cookies and Other Online Tracking Technologies” section below or our Cookie Notice for more information.

These third parties may use cookies, web beacons or other tracking technologies to collect information about your use of the Services and your activities across other websites and online services, which they may associate with persistent identifiers. This information may be used to provide you with more relevant advertising or other targeted content on our Services and other websites or services, and to measure the performance of such advertising. Their activities and your choices regarding their use of your information to personalize ads to you are subject to and set out in their own policies.

More Information. For more information and to exercise your choices regarding Facebook and Google ads:

• Facebook (more info: privacy policy; choices: ad preferences page), and
• Google/DoubleClick (more info: privacy policy; choices: ads help page)

You can also learn more about online advertising at www.aboutads.info/consumers and opt out of interest-based advertising from many participating ad companies at the ad industry websites below:

• Canada: www.youradchoices.ca
• EU: www.youronlinechoices.eu
• U.S.: www.aboutads.info

Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:

• Apple: http://support.apple.com/kb/HT4228
• Android: http://www.google.com/policies/technologies/ads/
• Windows: http://choice.microsoft.com/en-US/opt-out

Please note that opting-out of advertising network services does not mean that you will not receive advertising while using our Services or other services, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs.

Do-Not-Track. Your browser or device may include “Do-Not-Track” settings or functionality. Currently, our systems do not recognize browser “Do-Not-Track” requests. LOOPShare’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Policy, whether or not a Do-Not-Track signal is received. However, you may disable certain tracking on our Sites, as discussed in this section (e.g. by disabling cookies), and you may opt-out of certain third party ad networks as described below. For more information about Do-Not-Track signals, please click here.

HOW WE PROTECT YOUR INFORMATION
We take technical, physical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. We encourage you to take steps to protect your information and prevent unauthorized access to your password or account by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.

RETENTION OF YOUR INFORMATION
We retain your information a 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 necessary for our legal obligations or to establish, protect, or defend legal claims.

INTERNATIONAL USERS
LOOPShare is a global company with affiliates, service providers and partners in multiple jurisdictions. As such, your information may be transferred, accessed, stored and otherwise processed by us and these third parties for the purposes described above, and subject to requests from law enforcement, in jurisdictions outside of your home jurisdiction, including Canada, the United States, Mexico and the European Economic Area and other jurisdictions in which we or our service providers operate. Some of these jurisdictions, including Canada and the United States, may not provide an equivalent level of data protection as your home jurisdiction. By providing us with your information, you acknowledge any such transfer, storage, or use. We will take steps to ensure that your information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements.

Individuals in the EEA. If you are located in the European Economic Area, where your information is processed by members of our group or third-party service providers and processors in a jurisdiction that the European Commission has deemed to not provide an adequate level of data protection (a “third country”), we will take appropriate measures to ensure your information is subject to adequate safeguards, such as by signing relevant EU standard contractual clauses approved by the European Commission (the form for these clauses can be found here) or another measure that has been approved by the European Commission as adducing adequate safeguards for the protection of information when transferred to a third country. If you are in the EEA, you have the right to obtain details about the mechanism under which your information is transferred to a third country. For more information about these transfer mechanisms, please contact us as set out in the “Contact Information” section below.

THIRD PARTY LINKS AND SERVICES
The Services contain links to third-party websites such as social media sites, and also contain third-party plug-ins and functionalities (such as the Facebook “like” button and Twitter “follow” button). If you choose to use these sites or features, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

CHANGES TO THIS PRIVACY POLICY
We reserve the right to amend this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through the Services and updating the “Effective Date” for the Privacy Policy. If we make a material change to the Privacy Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

YOUR CHOICES
If you would like to update your preferences on the types of communications you receive from us, or opt out of marketing communications from us, you may do so at any time by updating the communication preferences in your account profile. Please note that we may continue to send non-promotional communications such as important notices, payment confirmations and transaction-related emails and other information about your use of the Services. If you would like to opt-out of (i) marketing communications, or (ii) being included in any Custom Audience campaigns (see the “Online Advertising” section above for more information), you may also do so by emailing us your request at info@LOOPShareltd.com.

ACCESS AND DATA SUBJECT RIGHTS
Subject to applicable law and as explained in this section, you may have certain rights with respect to the information we collect and process about you.

Access, Correction, Deletion and Objection Rights. You may have the right to access, request correction and deletion of, and object to our use of your information. To exercise your rights, please contact us as set forth in the “Contact Information” section below. You may also access and modify much of the information that you have submitted by logging into your account and updating your profile. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Sites or Apps for a period of time. In addition, we may retain certain information about you as required by law or as permitted by law for legitimate business purposes. For example, if you request that we delete your information but we believe that you have violated our Terms of Use, we may retain information about you in order to attempt to resolve the issue before deleting it.

Complaints. If applicable, you may make a complaint to the privacy regulator or supervisory authority in the country where you are based. Alternatively you may seek a remedy through local courts if you believe your rights have been breached.

EU Data Subject Rights. Subject to applicable laws, you may have the following rights:
• To obtain access to and/or a copy of certain information we hold about you
• To obtain, in certain circumstances, a copy of certain information we of yours in a structured, commonly used and machine readable format, and to ask us to transfer this to a third party of your choice
• To request that we update your information we hold that is out of date or incorrect
• To request that we delete certain information we hold about you
• To request that we restrict the way we process and disclose certain of your information
• To revoke your consent for the processing of your information, to the extent our processing of your information is not based on another legal basis
• To object to certain processing of your information as follows:
• right to object to direct marketing: you may object to our processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling). See “Your Choices” above for more info.
• right to object to processing (including profiling) based on legitimate interest grounds: in addition where we are relying upon our legitimate interests to process information, you may object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the information for the establishment, exercise or defense of legal claims. We will consider each case on an individual basis.

You may exercise your rights or make a request regarding your information held by us, request further information about your legal rights under applicable law, or submit a complaint about our privacy practices by contacting us at any time, using the contact details set forth in the “Contact Information” section below.
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information to provide services to you or to comply with a legal obligation. Moreover, you will not be permitted to examine the information of any other person or entity. We also may request you provide us with information necessary to confirm your identity before responding to your request.

YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits customers of LOOPShare who are California residents to request certain information, once per year, regarding our disclosure of their personal information (as defined by California law) to third parties for their own direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such sharing. To opt out of future sharing for these purposes, please send an e-mail to info@loopshareltd.com.

COOKIE NOTICE

This Cookies Notice (the “Cookie Notice“) explains how LOOPShare uses cookies and other similar technologies to recognize you when you use our websites, mobile applications, or other online or mobile services (the “Services“). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

This Cookie Notice explains:

• What are Cookies?
• Types of Information Collected and Reasons for Collection
• Types of Cookies We Use
• Duration of Storage of Cookies on Your Device
• Cookie Management
• Consequences of Deactivation of all Cookies
• Changes to the Cookies Notice
• Contact Us

What are Cookies?
Cookies are small text files that are placed on your computer or mobile device that enable us to, among other things,: (i) recognize your computer or device; (ii) store your preferences and settings; (iii) understand the parts of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. For more information on cookies, go to www.allaboutcookies.org.

The term “Cookie” is used in this Cookie Notice in the broad sense to include all similar techniques and technology, including web beacons, tracking pixels, and log files.

Types of information collected and reasons for collection
Cookies help us to better understand your expectations of our Services and, as a result, allow us, among other strategies, to offer our visitors a pleasant and sustainable experience. Here are examples of the ways in which we use Cookies:

• To remind us who you are and to find your account information in our database when you access the Services so you do not need to log in at every visit. This helps us to provide you with service tailored to your specific needs and interests. A cookie is created when you register for the Services
• To determine the browser the visitor uses so the Services can be designed to work properly with the most common versions of different browsers
• In conjunction with sending you e-mail newsletters
• To analyse your use of our Services and to generate analytics regarding our Services
• To estimate our audience size. Your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit
• To determine whether you are visiting our Services for the first time
• To save viewing preferences (e.g. layout, sizing preferences, language etc.);
• Facilitate your purchases and your orders
In addition, Cookies allow us to do the following:

• Customise your visit: We may use information collected during your visit to facilitate your next visit to our Services;
• Customise the advertising and marketing messages that appear on the Services, whether ours or those of third parties; and
• Analyse customer trends: We compile information on individual Services visits and analyse them as a whole in aggregated form.

Type of Cookies We Use
We use first party and third party Cookies for several reasons. Some Cookies are required for technical reasons in order for our Services to operate, and we refer to these as “essential” or “strictly necessary” Cookies. Other Cookies enable us to track and target the interests of our users and to enhance the experience on our Services. Third parties also serve Cookies through our Services for advertising, analytics and other purposes. The specific types of first and third party Cookies served through our Services and the purposes they perform are described in more detail below.

– First-party Cookies

These cookies are created by LOOPShare. They are, for the most part, used to allow you to browse our Services and use its features. First-party cookies include:

• Essential Website Cookies: These Cookies are strictly necessary to provide you with services available through our Services and to use some of its features, such as access to secure areas.
• Functional Cookies: These Cookies allow you to browse our Services or benefit from some of its features, such as memorizing language preferences or placing orders online.
• Analytics Cookies: These Cookies allow us to collect statistics (aggregated and anonymous) on the usage of the Services by you and other visitors. This information helps us improve the features offered on the Services.
– Third-party cookies

In addition to our proprietary Cookies, some third-party and affiliated companies may place Cookies on your computer, access them and associate web beacons with them. These Cookies enable third-party features or functionalities to be provided on or through the Services. The parties that set these third-party Cookies can recognize your device both when it visits our Services and also when it visits certain other websites. Third-party cookies include:
• Functional Cookies: These Cookies are defined by third parties who support our Services and they allow you to use useful services and features, such as support services or payment processing.
• Online Behavioural Advertising Cookies: These Cookies are defined by our advertising partners and collect data about your browsing habits, as well as your preferences for products and services. This information allows LOOPShare and the ad networks that we work with to display relevant ads on the most relevant pages of partner sites and the LOOPShare Services. For example, third parties or affiliates may manage LOOPShare advertising programs on a non-LOOPShare site.

Duration of storage of cookies on your device
The duration of storage of Cookies on your device may vary, depending on the category to which they belong: temporary or permanent.

– Temporary Cookies

We use temporary Cookies on all of our secure pages to assign and register a session ID. This identifier is also used for internal reporting purposes. It does not allow us to identify you personally by name and this type of Cookie does not leave any information recoverable on your hard drive. Most of our proprietary Cookies fall into this category and expire when you close your Internet browser.

– Permanent Cookies

Our proprietary analysis Cookies and third-party Cookies are permanent Cookies. They allow us to understand visitors’ browsing behaviour over a longer period of time or to provide you with additional features related to your Services customisation requests and the content that you have saved or stored. They can stay on your computer for 24 hours, a week or several years, depending on their function. This means that these Cookies survive after your browser is closed and can be used by our Services to recognize your computer when you re-open your browser later.

Cookie Management
If you do not want to receive some of the categories of Cookies used on our Services, you can use the means described below to disable them. Note, however, that we will still need to set a Cookie on your device to remember your preferences when you visit our Services again from a single browser.

At the moment, it is technically impossible for you to synchronise your settings between your browsers and your devices (your computer or your smartphone). You must set them on each browser/device that you currently use and each time you use a new browser or device.

You can decide whether to accept or reject Cookies. You can exercise your Cookie preferences by managing Cookies from your web browser. As the means by which to activate or deactivate Cookies varies from one web browser to another, you should visit your web browser’s help menu for more information on Cookie preferences. You can also configure your browser at any time to be notified of the receipt of a Cookie, so that you can decide whether you want to accept it or not. Cookies do not under any circumstances read the data from your hard drive and you can delete them from your computer at any time.

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

Consequences of Deactivation of all Cookies
If you choose to deactivate all Cookies, you may continue to use certain parts of our Services. However, some useful features may not work anymore.

Please note that if you have disabled one or more Cookies, we may continue to use the information that was collected by such Cookies before they were deactivated. However, we will cease to collect any additional information via the opted-out Cookie once a Cookie has been deactivated.

Changes to the Cookies Notice
This Cookie Notice may be revised occasionally and in accordance with legal requirements. Any changes made will be reflected on this Services. This Cookie Notice is specific to LOOPShare operations and applies to information that you provide online, as well as other means. Please re-visit this Cookie Notice regularly to stay informed about our use of Cookies. If you have any questions, please contact us as explained below.

CONTACT INFORMATION
If you have any questions about this Privacy Policy or Cookie Notice, would like to exercise your rights regarding your information that we hold, or would like to raise a complaint with us related to your information, you should contact us as follows:

info@LOOPShareltd.com
604-568-1598