Thank you for using oBike. oBike provides a bike rental service for short-distance travel. This “oBike Bicycle Rental Service Agreement”( "Agreement") is between oBike Inc., oBike Asia Pte. Ltd, OPG Asia Pte. Ltd including its related parties, (hereinafter referred to as "the Company" or "us") between the Service User (hereinafter referred to as the "User") and the User regarding downloading, the use of "oBike bicycle" software, and rental oBike bicycles, the use of bicycle rental services provided by the agreement.
In consideration of oBike renting a Bike to Rider, Rider agrees to the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
At any time and from time to time, and without Your consent, we may unilaterally amend, modify, or change this Agreement, in Our sole discretion and without any notice or cause. By continuing to use the Website after any amendment, modification, or change, you have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
Bikes are equipped with global positioning system devices. All of the foregoing equipment and other equipment consists of any Bike, in whole or part, shall be referred to as “oBike Equipment.”
1.4 HOW IT WORKS
(I) Create a membership (including paying of a deposit where amount where necessary) online from the oBike smart phone app.
(II) Once Rider creates a membership, Rider could rent or reserve a oBike bicycle. Please note that you will only have 10 minutes from the time you reserved the bicycle to the time you unlock the bicycle. Before using a bike, user should pay deposit of amount stipulated by oBike Inc. User can apply to refund deposit if he(she) don’t use oBike any more.
(III) You will need to review and accept the full terms of this Agreement. You further acknowledge and agree that:
(a) You shall be responsible for each Bicycle rented under Your account;
(b) You shall be responsible for ensuring that any individual operating or using a Bicycle rented under Your account shall read and comply with this Agreement;
(c) Before unlocking a bike, you must check the bike. If there is something wrong with the bike, do not unlock it. You can find report it with APP, and find another one. Once unlocked, you should take responsibility for the bike until return back. During rental time, you should keep bike away from malicious destruction.
(d) You are completely responsible and liable for deliberately damages to the bike you have rented.
(e) For your security, once the bike is damaged, you should stop and return bike in a legal place, and report it. oBike will repair it as soon as possible.
(IV) Rider’s period of Bike rental begins either when the Bike is unlocked or at the time the Rider reserves a Bike with the mobile app or on the website. The Rental Period ends when the Bike is locked at any legal and free locations parking bicycles. Additional fees will apply if the Bike is not returned and locked to a legal and free location after the Rental Period.
Before using oBike Service, you should download oBike App, and register a user account. When registering, you should provide your personal information with your phone number and other necessary information for the proper usage of the oBike App. After successful registration, we will provide you with a personal account ("oBike Account"), which means that you have consented to and authorize us to use your personal information for the purpose of providing you with services.
Subject to your compliance with these Terms, oBike grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by oBike and oBike’s licensors.
The Services and all rights therein are and shall remain oBike's property or the property of oBike's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner oBike's company names, logos, product and service names, trademarks or services marks or those of oBike's licensors.
2.4 USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 12. You may not authorize third parties to use your Account, and you may not allow persons under the age of 12 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
2.5 NOTIFICATION OF PROMOTIONS
By creating an Account, you agree that the Operator may send you informational content via the oBike app, (SMS) messages, electronic direct mailers (EDM) as part of the normal business operation of your use of the Services.
2.6 NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. oBike does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
oBike Company is responsible for the daily running, maintenance and repair of the bike. But it does not mean that the Company has the obligation to ensure that all available bicycles are in a trouble-free condition in real time. The rider should confirm the integrity of the components, efficiency, and familiarize with the performance of bicycle and safety devices before using a bike.
If rider find that the bicycle is broken, he(she) shall cancel reservation or stop using, and notify oBike about the problem. If the rider disregards the broken bike and continue use it, the rider should take responsibility for the behavior.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, oBike will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent.
Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law.
A bike deposit is required before using bike. It reminds you when paying the deposit. If rider do not accept the terms of deposit, please stop using oBike.
Rider agrees to convert deposit to oBike annual membership subscription (365 days), when the account is inactive for 14days from date of last app login and/or last ride taken. If rider disagrees, rider shall not be granted to use oBike service. Once deposit is converted to membership subscription, the date rider click the agree button is defaulted as the effective date. The above clause comes into effect from 12th March, 2018.
The deposit is refundable, rider can request for deposit refund within 14 days from the date of last app login and/or last ride taken. If refunded, deposit should be paid again before using a bike next time. Besides, you can refund deposit only once for free. If you refund deposit more than one time, an extra transaction fee will be deducted from deposit.
You can refund deposit if you do not use oBike any more. It usually takes 1-30 working days for the deposit to be refunded back to your account.
Once unlock, you should pay for the cost of using bike. Each bike in different countries has different price. We will inform you the price of the bike before reserving.
The balance in my wallet, only can be used to pay riding cost. It has no expiration date, and cannot be refunded, converted or donated to others. We will inform you each charge definitely.
4 RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF BIKE USE
4.1 REPRESENTATIONS AND WARRANTIES
As a condition precedent to oBike’s agreement to allow Rider to participate in the Program and to rent a Bike, Rider represents and warrants to oBike that:
• Rider meets the minimum age requirements: (1) is 12 years of age or older to ride. (2) Rider is experienced and familiar with the safe and competent operation of a bicycle, and that he/she is physically and mentally fit to ride the Bike.
• Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a bicycle.
• Please wear a helmet before riding for your safety.
4.2 ACKNOWLEDGEMENTS AND AGREEMENTS
As a condition precedent to oBike’s agreement to allow Rider to participate in the Program and to rent a Bike, Rider acknowledges and agrees as follows:
• Rider is fully aware that riding a bicycle on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and rider must keep a proper lookout to avoid such accidents.
• Rider is fully trained and capable of operating and riding a Bike and is not relying on oBike to learn how to operate or ride a Bike.
• Rider is solely responsible for obtaining and using a helmet and protective gear.
• Rider is solely responsible for operating and riding a Bike in a careful and reasonably competent manner.
• A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident.
• All Bikes are and shall remain the exclusive property of oBike at all times.
• Rider is solely responsible for any traffic violations and/or fines incurred by Rider while using the Bike, including any fees for parking the Bike in prohibited locations as accordance with the Laws of the Country in operation.
• At the end of each ride, rider is solely responsible to ensure the oBike bike is locked and parked at only designated parking spaces allowed and/or assigned for oBike bikes, failure to do so may result in credit point deduction and/or higher ride charges and/or deduction of wallet balance as monetary fine.
• All riders are responsible to read and understand the usage rules and guides stated under “User Guide”in oBike app, prior to any usage of oBike service.
• oBike is not obligated to provide insurance of any kind related to Rider or Rider’s use of the Bike, and in the event that oBike, at its option, carries insurance, Rider shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
• If Rider causes damage to property or injury to another party while operating or in possession of the Bike, Rider is solely liable for such damage or injury.
• Rider shall return the Bike to oBike in the same condition as when received.
• Rider is liable for any and all damages resulting from improper use or abuse of the Bike and the cost of such damages.
• oBike provides Bikes as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement.
As a condition precedent to oBike’s agreement to allow Rider to participate in the Program and to rent a Bike, Rider shall do the following during any use of a Bike (“Use Requirements”):
• Carefully inspect the Bike that Rider wishes to rent prior to use to ensure the Bike is good operating condition.
• Test the Bike’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle.
• Promptly notify oBike customer service of any defect, malfunction or needed repair to a Bike.
• Adjust Bike riding behavior for safe operation according to weather conditions.
• Adjust Bike riding behavior so that it is that of a reasonably experienced and prudent bike rider.
• Contact oBike and local Police immediately in the event of theft of the Bike or an accident that occurred during Rider’s use of the Bike resulting in bodily injury.
4.4. RESTRICTED USES
Rider shall not do any of the following acts (“Restricted Uses”):
• Use any Bike if Rider is younger than 12 years of age.
• Use any Bike if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Bike.
• Operate a Bike while carrying any item that impedes Rider’s ability to safely operate the Bike.
• Operate a Bike while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the Bike.
• Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the Bike.
• Allow any other person to use the Bike or allow more than one person to be carried on the Bike.
• Overfill the Bike basket or place objects weighing in total more 20 pounds in the Bike basket.
• Violate any applicable federal, state, or local law.
• Operate or use a Bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
• Ride or operate a Bike that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair.
• Continue using the Bike if it, or any component of it, should become defective or malfunction.
• Use the Bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding.
• Use the Bike for any commercial purposes.
• Tow, pull, carry or push any person or object with a Bike.
• Remove or modify any accessories, parts or components of any Bike.
• Ride the Bike without paying applicable user fees at the time they become due.
5 SERVICE LIMITATIONS
Rider acknowledges and agrees that from and after the date that oBike makes Bikes available to the public for rental, oBike may suspend all or part of its Bike rental program at any time, may relocate Stations, reduce the number of Bikes available for rent and otherwise operate its Bike rental program in its sole discretion. Rider further acknowledges that oBike may suspend the availability of Bikes during adverse weather conditions, or may be required to suspend the rental of Bikes by the city in which the Bikes are located. Rider shall not be entitled to a refund of any fees for unused rental periods unless oBike’s Bike rental service shall have been suspended for more than 15 days. oBike does not represent or warrant that Bikes will be available for rental at any locations at any time. oBike may require the return of its Bikes at any time.
6 RELEASE AND LIMITATION OF LIABILITY
6.1 For and in consideration of rental and use of the bike, rider, for itself and on behalf of rider’s heirs, executors, administrators and assigns, forever releases and relinquishes and discharges (i) oBike and oBike’s officers, boards and commissions, members, managers, employees, suppliers, agents, representatives, (ii) any municipality with which oBike has contracted with to provide a bike sharing program, and (iii) any owner of property with which city or cyclehop has contracted with to provide real property on which a bike share facility, including, without limitation, stations, hubs, racks, intended for bike share use (all, collectively, the “oBike parties”) from any and all claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings, causes of action and damages including for personal injury, wrongful death, property damage, and injury to rider or to third parties (collectively, “claims”), including unknown or unanticipated claims, which arise from or are related directly or indirectly to this agreement or the rental, maintenance, design, use and/or operation of the oBike equipment, including the bikes, or the oBike website, including any and all claims related to the sole or partial negligence of oBike , the oBike parties or any other party. Rider hereby expressly waives any claims against the oBike parties which rider does not know or suspect to exist in his or her favor at the time of renting a bike, and expressly waives rider's rights under any statutes that purport to preserve rider's unknown claims.
6.2 In no event will rider claim that oBike parties individually or collectively did not adequately train rider, or provide rider with adequate instructions necessary, to ride the bike in the same manner as a person who is an experienced bike rider who has been trained to ride a bike in a safe and careful manner.
7 ASSUMPTIONS OF RISKS; DISCLAIMER.
Rider expressly acknowledges and accepts that rider’s rental and use of the bike is at his/her own risk. Rider accepts the bike for use after exercising his/her own free choice to participate voluntarily in this activity and after having inspected the bike and certifying that is in good operating condition. Rider understands that bicycling may be a hazardous activity. Rider acknowledges, understands and assumes all risk relating to the rental, maintenance, design, use and/or operation of the oBike equipment, including the bikes, and the oBike website and understands that bicycling involves risk to the rider and others including damages, bodily injury, partial or total disability, paralysis and death to rider or others, and that rider has full knowledge of said risks and dangers, including such risks, damages and injuries that may arise from the negligence of others or as a result of roadway conditions. All bikes and other oBike equipment are provided “as is” and without any warranty of any kind, whether express or implied, written or oral, including, without limitation, any warranty of merchantability, quality or fitness for a particular purpose. oBike and the oBike parties hereby disclaim any claim in tort (including negligence, product liability or strict liability).
8 DISPUTE RESOLUTION
Rider agrees that oBike, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, Rider’s use of oBike’s Equipment, including, without limitation, Bikes, and/or the oBike website, to competent court in Malaysia. And this Agreement shall be governed by the laws of Malaysia without regard to conflicts of law provisions.
Rider shall indemnify, defend and hold harmless oBike for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to Rider’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Bike, the Locks, and/or the oBike website, even where caused in whole or in part by oBike’s negligence, and/or the negligence of others, whether presently known or unknown. At oBike’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, oBike may at any time elect to take over control of the defense and settlement of any such Claim). In no event may Rider settle any Claim without oBike’s prior written consent.
oBike may assign its rights and duties under this Agreement to any party at any time without notice to Rider.
11 NO WAIVER
oBike’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by oBike shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
12 TERMINATION OF AGREEMENT
oBike may terminate this Agreement at any time, without cause, legal process, or notice to the Rider and Rider’s use of the System is “at the will” of oBike. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. Rider shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause. Rider may terminate Rider’s rental plan at any time; provided, however, that no refund will be provided by oBike for time already used by Rider.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.
All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.
15 PERSONAL DATA PROTECTION
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):
• To perform the Company’s obligations in respect of any contract entered with you;
• To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
• To respond to questions, comments and feedback from you;
• To communicate with you for any of the purposes listed herein;
• For internal administrative purposes, such as auditing, data analysis, database records;
• For purposes of detection, prevention and prosecution of crime;
• For the Company to comply with its obligations under law;
• To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
• To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
• To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.
The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
16 THIRD PARTY INTERACTIONS
17 ABOUT US
The www.o.bike website is owned by oBike Asia Pte. Ltd & OPG Asia Pte. Ltd, who are taking the full responsibility for all the Malaysia transactions from the website. For the Australia transactions oBike Australia PTY Ltd is the contractual party, and for European transactions oBike Holland Limited BV is the contractual party, all the contractual parties will be responsible and handling the dispute management, refunds, cancellations, returns & customer support.
18 GOVERN LAW
19 PROTECTION FOR OUR PRODUCT
No authorised agents/ third parties including members of the public should work on the modification, reproduction, distribution, transmission, public display, exhibition, broadcast, reproduction, translation, publication, authorisation, creation of derivative products, transfer, sale, reverse engineering, and decompilation that occurs from the oBike system and its related programmes. oBike is entitled to pursue all liability and compensation for any of the above acts, and not limited to attempt to extract source code, obtain raw data from oBike products or services and/ or any part of them.
20 CUSTOMER SUPPORT
If you encounter any problem using oBike, you can report it with the APP by click custom services. We encourage you to submit your comment. Besides, you can contact us in these ways:
Company: oBike Asia Pte. Ltd & OPG Asia Pte. Ltd
Follow us on Twitter: @oBikeInc
Follow us on Facebook: @oBikeInc