Lycan Motorcycle Reservation Agreement

Before engaging in our motorcycle reservations, please read the Reservation Terms

LYCAN MOTORCYCLES INC

Lycan Motorcycle Reservation Agreement

Last update: January 05, 2022

 

This Lycan Motorcycle Reservation Agreement (“Agreement”) is entered into between you (“Customer”) and Lycan Motorcycles Inc (“Lycan”, “Company”, “we”, “our”, or “us”) and sets forth the terms and conditions that apply to your only reservation (“Reservation”) for a Lycan motorcycle. This Agreement is only for the Reservation of a Lycan motorcycle, and is not a contract of sale.

 

BY SUBMITTING A RESERVATION OR CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT SUBMIT A RESERVATION. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR RESERVATION WITHIN THE ALLOTTED TIME FRAME IN ACCORDANCE WITH THE CANCELLATION PROCESS DESCRIBED BELOW.

 

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

 

By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as Lycan’s Privacy Policy located at lycan.com.ph/privacypolicy (“Privacy Policy”), as it may be amended from time to time in the future.

 

Ability to Enter into this Agreement

 

In order to enter into this Agreement, you must have reached the legal majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representation and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any applicable laws. If you accept this Agreement, you represent and warrant that you have the capacity to be bound by the terms and conditions of this Agreement.

 

Reservations

 

Submitting and paying for a Reservation allows you the opportunity to be one of the first to purchase a Lycan motorcycle (“Vehicle”, “Motorcycle”). When submitting a Reservation, you must provide your first and last name, email address, contact phone number, and mailing address, and you must ensure that this information is accurate, current, and complete. You must promptly notify us by email at info@lycan.com.ph in the event that any of your information that you submitted as part of your Reservation changes or otherwise becomes inaccurate.

 

By submitting a Reservation, you consent to being billed for the Reservation by Lycan’s third party payment processor. Once processed by our this party payment processor, your Reservation will be paid to Lycan Motorcycles Inc.

 

You further acknowledge and agree to the following:

 

  • The location for the delivery or pick-up of the Vehicle is within the Republic of the Philippines. If you are outside the Republic of the Philippines and would like to arrange for a special delivery to your country or region, kindly inform us by emailing us at info@lycan.com.ph;

  • Your submission and our acceptance of a Reservation does not constitute (a) an offer or agreement for the purchase of a Vehicle, (b) a down payment in connection with the purchase of a vehicle, or (c) a guarantee of a Vehicle or delivery of a Vehicle within a specific time period;

  • Any statements provided by us regarding the expected production, release, or delivery date for a Vehicle are purely informational in nature and are not guarantees;

  • The amount you pay as part of your Reservation will not accrue interests or change in value during the term of your Reservation;

  • Vehicle pricing indicated at the time of Reservation represents our current expected pre-tax price for the Vehicle and we reserve the right to increase or decrease pricing or impose additional fees at any time in our sole discretion, with or without notice;

  • We reserve the right to cancel and refund any of your Reservations;

  • Your Reservation payment is non-refundable;

  • Your Reservation payment is deductible from the suggested retail price of the Vehicle;

  • Vehicle models and images are shown for illustration purposes only and may include features that are not available on the production model. We reserve the right to change specifications, equipment, and options at any time in our sole discretion, with or without notice; and

  • You are not permitted to sell, give away, or otherwise transfer your Reservation to any person or to another model without our prior written consent;

 

PLEASE NOTE THAT THE VEHICLES AVAILABLE FOR RESERVATION ARE PRE-PRODUCTION MODELS AND THERE IS A RISK THAT THE VEHICLE YOU HAVE RESERVED MAY NEVER BE PRODUCED OR THAT THE RELEASE DATE WILL BE SIGNIFICANTLY DELAYED. LYCAN DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE VEHICLE YOU HAVE RESERVED WILL BE AVAILABLE FOR PURCHASE BY YOU.

 

Changes to this Agreement

 

We may amend any part of this Agreement by adding content, deleting content, or changing the existing content. These amendments may be made at any time and could occur very close together, or very far apart, depending on the circumstances.

 

We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting a notice on our Website, and/or updating the “Last Updated” date above or via email to the email address you indicated in your Reservation.

 

Any revised Terms and/or Privacy Policy supersedes all previous versions, notices, or statements regarding the Website. If we request, you agree to sign an electronic or non-electronic version of these Terms.

 

If you disagree with any amendment, you may cancel this Agreement by canceling your Reservation at any time. If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also cancel your Reservation. In either case, there is no cost or penalty for canceling because you disagree with an amendment. If you do not cancel your Reservation within fifteen (15) days of Lycan providing notice, then by your continued use, you are considered to have accepted the proposed amendments. 

 

Purchase of Vehicle

 

We will notify you via email to the email address you indicated in your Reservation when the Vehicle you have requested becomes available. If you wish to proceed with purchasing the Vehicle, you must follow the instructions specified in the email notice we provided; a failure to do so may lead to your Reservation being canceled, delayed, suspended, or given to another person or entity. At the time of purchase a Vehicle will be subject to your acceptance of Lycan’s terms and conditions of sale for the Vehicle in  effect at the time of purchase.

 

Cancellation and Refunds

 

Your Reservation payment is non-refundable, except for when cancellations are due to a disagreement in any amendments or changes to this Agreement, or if we are unable to comply with this Agreement. If you wish to cancel your Reservation, you may do so by emailing us at info@lycan.com.ph, of which, any and all obligations by you under this Agreement shall be forfeited.

 

We reserve the right to cancel your Reservation for any reason and without refunds, including without limitation: (a) your failure to comply with this Agreement; (b) if we are unable to to contact you; (c) if we are unable to supply the Vehicle you have requested; or (d) the occurrence of any event beyond our reasonable control. If we cancel your Reservation for reasons (c) and (d) of this Cancellation and Refunds section, we will refund your Reservation of up to 50% of your Reservation payment by crediting the amount back to your specified bank account.

 

Disclaimer of Warranties

 

LYCAN’S RESERVATION SYSTEM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS. LYCAN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO YOUR USE OF LYCAN’S RESERVATION SYSTEM, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT LYCAN SPECIFICALLY DOES NOT WARRANT THE ACCURACY OR COMPLETE OF VEHICLE DESCRIPTIONS, AVAILABILITY, OR PRICING.

 

Limitations of Liability

 

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TOR, WILL LYCAN OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF LYCAN HAS BEEN ADVISED OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT. LYCAN’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE RESERVATION AMOUNT YOU PAID TO LYCAN. TO THE EXTENT ANY PROVINCE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LYCAN’S LIABILITY IN SUCH PROVIDE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

 

Indemnity

 

You agree to indemnify, defend, and hold harmless Lycan, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, sharehodlerings, employees, and representative (together, the “Indemnified Parties”), from and against any third party claims, demands, loss, damage, cost, or liability (including, reasonable attorneys’ fees and costs) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, including but without limitations in relation to your violation or alleged violations of this Agreement. Lycan reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lycan and you agree to cooperate with Lycan’s defense of these Claims. You agree not to settle any matter without the prior written consent of Lycan. Lycan will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

 

Disputes

 

BY AGREEING TO THIS AGREEMENT, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST LYCAN ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST LYCAN, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION BROUGHT AGAINST LYCAN BY SOMEONE ELSE.

 

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.

 

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

 

All disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration under the applicable laws of the Republic of the Philippines.

 

Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you.

 

The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

 

Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement is specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.

 

No action, regardless of form, which arises from or is related in any way whatsoever to this Agreement, may be commenced by you more than twelve (12) months after such cause of action accrues.

 

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

 

You agree that if Lycan does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Lycan has the benefit of under any applicable law), this will not be taken to be a formal waiver of Lycan’s rights and that those rights or remedies will still be available to Lycan.

 

The sections of “Disclaimer of Warranties”, “Exclusive Remedy and Limitation of Liability”, “Indemnity”, “Disputes” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.

 

This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.

 

Contact Lycan

 

You may contact us by email at info@lycan.com.ph or by mail at B229 L28 Mindanao Ave. Ext., Brgy. Sta. Monica, Quezon City, 1117, Philippines