urbi terms + conditions
These Terms and Conditions, as may be amended from time to time, apply to all our services. By using urbi’s services, you acknowledge and agree to have read, understood and agree to the Terms and Conditions set out below.
“You” – you, your, your representative, assigns, dependents, charges, heirs and next of kin.
“bicycle” – The urbi bicycle and helmet.
“Hours of Operation” – The hours which urbi is available for members to use are between 6am & 6pm.
“Station” – The urbi station and related hardware.
“App” – The urbi app.
“Access” – The means by which you use urbi’s services, available in Single, Daily, Weekly or Monthly accesses, giving unlimited 45 minute rides within the stated access period.
“Access Fees” – Fees payable to urbi including damage fees, extended use fees and access fees as outlined in section 5.
“Suitable Clothing” – clothing that would be suited to riding a bicycle, including but not limited to; shoes, pants, shorts, skirts/dresses that do not interfere with your safe riding ability, track pants and skorts.
“Unsuitable Clothing” – Clothing that would make riding the bicycle dangerous, including but not limited to, thongs, long skirts/dresses and unnecessary headwear reducing visibility.
“Included Period” – The period of hire from when You begin your hire.
1. WAIVER, RELEASE AND INDEMNITY
By using any of urbi’s services, You:
- Acknowledge that there are dangers and risks inherent with bicycle riding to which You may be exposed by using urbi’s services.
- Agree that You are using urbi’s services at your own risk and You voluntarily assume responsibility for any injury or loss, death or property damage You may suffer or cause, as a result of using the service.
- Agree to release, hold harmless and indemnify urbi, its respective servants, agents and contractors all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by any one or more of them by reason of or in respect of or in any manner whatsoever arising out of or caused by Your use of the Service.
- Agree that You are using a service that uses GPS tracking on the Bicycle, and Bluetooth for bicycle location and recovery purposes.
- Agree that You are using the Service on the express condition that urbi:
- (a) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to You or any of Your servants, agents, contractors, visitors or invitees or any other person whatsoever (“Related Party”) which may happen as a result of Your use of the Service; and
- (b) will not incur or be under any liability whatsoever to You or to any Related Party for any loss, damage or injury to or in respect of any of Your or of any Related Party’s goods and land, buildings, fixtures as per the ACL, liability for any loss or damage suffered from destruction/damage of other goods (ACL 140) and for any loss or damage suffered from destruction/damage to land, building fixtures (ACLs 141).
- Agree that urbi is not liable to You in respect of any indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.
- Agree that urbi has the right to cancel your account and ban You from accessing the service, without notice for any breach of these terms and conditions. For the avoidance of doubt, urbi may decide at its sole discretion to permanently ban a person from the service.
- Agree that if You are banned from the service that You are not entitled to a refund and any request of a refund may be refused.
2. OUR OBLIGATIONS
- To provide bicycles & other related equipment in good safe condition in a pool for common use by many equal sharers within our Hours of Operation. The period of the access is restricted to 45mins of exclusive individual use if not returned earlier to the Station. This communal bikeshare system may means that there might not be enough bicycles and/or other related equipment available for You at the Station where & when You want to use urbi.
- To provide the supporting Stations in good clean condition for the hiring & the returning of bicycles in a connected network. This communal bikeshare concept may mean that there might not be an empty bicycle slot at the Station for You to return the bicycle where and when You want after using urbi.
- To balance the number of bicycles and empty slots across all the Stations so that the average sharer may reasonably expect to be able to hire or return a bicycle. This communal bikeshare concept requires urbi to maintain a mobile app which will assist in the location & allow the hire and return of available bicycles at the stations.
- We reserve the right to relocate, remove or discontinue use of Stations without any notice or compensation, for an indefinite period.
3. YOUR OBLIGATIONS
- Represent that You are 18 YEARS OF AGE OR OLDER, have read and understand that You are giving up substantial rights by agreeing to these Terms & Conditions. You are also doing so voluntarily and without any inducement or assurance or any nature and intent it to be a complete and unconditional release of all liability to the greatest extend allowed by law;
- Acknowledge and represent that You are experienced and familiar with and capable of safely and competently operating a bicycle, and further, that You are physically and mentally fit to ride a bicycle. If You have any existing physical or mental condition that would prohibit You from safely operating a bicycle, You are prohibited from riding a bicycle
- Agree to comply with all Western Australian cycling laws, rules and regulations;
- Agree to refrain from drinking alcohol or taking drugs prohibited by law or engage in any activity which will put Yourself, any other parties and the bicycle in danger while using the service;
- Agree to take responsibility of the bicycle and any other equipment such as helmet whilst in Your care; You are responsible for the bicycle from the time You unlock the bicycle until its return to a Station.
- Agree that it is Your responsibility to check the bicycle to ensure that You do not ride an already damaged bicycle, as You may be held responsible for any damage found to the bicycle upon its return & charged for that damage which may be deducted from Your deposit.
- You agree that additional charges may be deducted for damaged bicycles or related equipment, failure to return bicycle or related equipment to an urbi Station before the close of business hours (7pm) on the day that, or damage to the Station or other related equipment that has been attributed to You. These charges are outlined under “5. Access Fees Payable”.
- Agree to wear a helmet (either one provided by urbi or one supplied by Yourself) in compliance with relevant and current Australian safety standards (presently AS/NZS 2008);
- Agree not to wear Unsuitable Clothing at all times when riding the bicycle;
- Agree to wear Suitable Clothing at all times when riding the bicycle;
- Agree not to tamper with or attempt to remove any part of a bicycle; not to exceed the maximum load that can be borne by a bicycle, being 120 kg for the bicycle and 8 kg for the basket; or allow any other person to use the bicycle while under Your hire;
- Agree not to use the bicycle for activities which are dangerous or likely to cause harm including but not limited to; racing, tricks riding, jumping, stunting and/or off-road riding
- Agree not to use the bicycle for any commercial or hire purposes;
- Agree not operate the bicycle on unpaved roads, through puddles or water, or in any other uses/places prohibited by law or that You know or ought reasonably to know may expose You or others to risk of injury, death or other harm or expose bicycle to risk of loss or damage;
- Agrees not to tow, pull, carry or push any person or object with the bicycle;
- Agree that You will not ride, operate or use a bicycle in any manner during adverse weather conditions, including but not limited to: fog, heavy rains, heavy winds or lightning storms. You assume all risks and liabilities resulting from any and all use or attempted use of a bicycle during adverse weather conditions;
- Agree not to ride or operate a bicycle that has any defect, fails to operate as a properly functioning bicycle or that needs repair;
- Agree to discontinue use of the bicycle immediately and return it to a Station if it, or any component of it, should become defective or malfunction while You are riding the bicycle or during any other use or operation of the bicycle and You shall notify urbi of any such defect or malfunction immediately on the app;
- Agrees to carefully inspect the bicycle You wish to ride prior to riding the bicycle, and shall, within 5 metres of the station, test the bicycle’s operating components including but not limited to: the chain, brakes, pedals, lights, tires, frame and seat;
- Agree to use either a debit or credit card and have all amounts charged in relation to the service including any refundable deposit;
- Agree to return the bicycle to the Station before 7pm (AWST) as the Bicycle is not equipped with the proper equipment such as lights and high visibility aids for riding at night. If the bicycle is not returned it may be considered lost and You may be charged for the cost of recovery or replacement of the bicycle;
- Agree to allow urbi to take video photographic images when You are at the Stations and that by using the urbi app and a bicycle, Your location is being tracked using GPS and Bluetooth;
- Agree to comply with these Terms and Conditions and acknowledge and accept that any breach of these Terms and Conditions may result in the termination of Your subscription and Your access to the service. No rights or privileges given to You under these Terms and Conditions may be assigned to anyone in any way whatsoever;
- If You falsify or misrepresent, unintentionally or intentionally, any matter referred to in this paragraph, You accepts full responsibility for any and all damages, demands, consequences, causes of action, losses, injuries, court and litigation costs, attorney’s fees, penalties, fines, legal actions of any kind, judgments, expenditures of any type or nature whatsoever related to such misrepresentations, whether intentional or unintentional and agrees that urbi shall have no liability whatsoever in respect of the above.
4. PRIVACY, CONFIDENTIALITY AND USE OF PERSONAL INFORMATION
- urbi acknowledges the commencement of operation, on 21 December 2001, of the National Privacy Principles (“NPP”) contained within the Privacy Amendment (Private Sector) Act 2000 (Cth);
- will take all reasonable measures to ensure that any of your personal information is dealt with in conformity with the NPPs and is protected against unauthorised access, unauthorised use, modification or unauthorised disclosure; and
- will ensure that all user personal information is kept safe and encrypted with secure socket layer (SSL) software, encrypting all information that is entered before it is sent for processing; and
- that no third party will obtain any of your personal information.
- will ensure that any person who has access to any personal information held by it is reasonably aware of the NPPs, and any other obligations referred to in this clause.
- Under the laws governing privacy and the confidentiality of personal information, You may have access to and, if applicable, correct or delete any personal information relating to You. You can do this by contacting urbi directly.
5. FEES PAYABLE
- For the avoidance of doubt, this clause applies to everyone using any part of urbi and covers all forms of Access and vouchers that has ever been issued for this Activity.
- You must pay a fee as determined by urbi. The Access fees are published at http://urbi.bike/ and are subject to change without notice. Your Access levels and entitlements will be those that were published at the time of payment and remains so, even if new conditions are in force.
- When you add a credit card, the system will automatically authorise and immediately refund $1 as a check that the card is valid.
- Depending on the Access level purchased, there may be a security deposit of up to $100 to be paid and/or authorized when registering to use urbi. This deposit will be refunded or released in full within 24 hours when the Bicycle is returned undamaged and on time.
- In addition to paying an access fee, You will be charged $6 for each hour or part thereof if You continue using the same Bicycle without returning it to a Station (“Extended Use Fee”) beyond the included period of 45mins commencing at the start of Your hire.
- All Access Fees are non-refundable.
- If You commit any of the following acts, and unless otherwise agreed by urbi, You will be liable to pay to the urbi in the following amounts:
- (a) where You fail to return the bicycle to a urbi Station before the Hours of Operation end for the day of Your hire: $1000 or
- (b) where there is damage to the Bicycle or other related equipment that has been attributed to You, a lump sum amount based on the cost of repair of the Bicycle up to a maximum of $700.
- where there is damage to the Station that has been attributed to You a lump sum amount based on the cost of repair up to a maximum of $500.
- For mechanical failures and for any other reason that render You unable to return the bicycle to an urbi station, Your responsibility to the bicycle and to urbi ends once You chain the bicycle to a permanent fixture within 1000m of any urbi station and have called us to notify where the location of the bicycle is.
- urbi reserves the right to deduct the above amounts from the security deposit if You make no arrangements to honour these payments.
6. EVALUATION ACTIVITIES
You agree that You may be invited to participate in evaluation activities by urbi. You are under no obligation to participate in these evaluation activities. Any information provided by You as part of the evaluation activities is, and will be treated as non-confidential and non-proprietary. Any feedback or information given by You as part of the evaluation becomes the property of urbi and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to You.
Contact information for urbi:
View our Privacy Statement here.