urbi terms + conditions
By registering and using urbi you, your representative, assigns, heirs & next of kin (“You”) will be bound by the following
agreement with BikeValet PL (“The Provider”):-
RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND ASSUMPTION OF RESPONSIBILITY
1. WARNING UNDER THE FAIR TRADING ACT 1999
- under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the Provider is required to ensure that the equipment & services it supplies to You are:
- rendered with due care and skill; and
- fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
- reasonably fit for any particular purpose or might reasonably be expected to achieve any result You have made known to the supplier. Under section 32N of the Fair Trading Act 1999, the Provider is entitled to ask You to agree that these conditions do not apply to You. If You agree to these Terms and Conditions You will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if You are killed or injured because the services rendered by the Provider were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these Terms and Conditions.
2. WAIVER, RELEASE AND INDEMNITY
- Acknowledge that there are dangers and risks inherent with Bicycle riding (the “Activity”) to which You may be exposed by registering for the Service and participating in the Activity.
- Agree that You are participating in the Activity at your own risk and You voluntarily assume responsibility for any injury, death or property damage You may suffer or cause as a result of your participation in the Activity.
- Agree to release, hold harmless and indemnify The Provider, 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 or participation in the Activity.
- Agree that You are using a service that uses GPS tracking on the Bicycle, and RFID for bicycle location and recovery purposes.
- Agree that You are using the Service on the express condition that the Provider:
- (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 property or of any Related Party’s property.
- Agree that the Provider 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 the Provider has the right to ban You from accessing the service, without cause or notice, for as long as a period of time it may deem necessary. For the avoidance of doubt, the Provider 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.
- Agree that the Provider has the right to cancel Your account at any time, without cause or notice, for as long as a period of time it may deem necessary.
3. OUR OBLIGATIONS
- To provide a bicycle & other related equipment in good safe condition in a pool for common use by many equal sharers. 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 mean 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 getting & the returning of bicycles in a connected network where You can do the Activity. 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 get or return a Bicycle after doing his Activity. This communal bikeshare concept requires the Provider to maintain a mobile telephone app which will assist in the location & identification of the available bicycles and empty return slots at the Stations.
- We reserve the right to relocate, remove or discontinue use of Stations without any notice or compensation, for an indefinite period of time.
4. 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. 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 The Provider and any of its affiliates, employees, agents, contractors and representatives shall have no liability whatsoever in respect of the above.
- Agree to comply with all West Australian road 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 and Related Parties and the Bicycle in danger while doing the Activity;
- 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. It is important that You thoroughly check that the Bicycle is in a safe and undamaged condition before You remove the Bicycle from the Station. You agree that it is your responsibility to check the Bicycle to ensure that You do not borrow 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 within 24 hours from the time you remove the Bicycle from the Bicycle Dock or damage to the Station or other related equipment that has been attributed to You. These charges are outlined under “6. Access Fees Payable”.
- Agree & Acknowledge that helmets have been provided and that it is mandatory in Western Australia to wear a helmet that complies with relevant and current Australian safety standards (presently AS/NZS 2008) and also 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;
- Agree not to use the bicycle for racing, tricks riding, jumping, stunt riding and/or, off-road riding
- Agrees 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 bicycle as such can create unsafe conditions.
- 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. Operating a bicycle during adverse weather conditions can cause death or serious bodily injury as well as endangering the safety of others.
- Agree not to use the bicycle for racing, trick riding, jumping, stunt riding and/or, off-road riding.
- Agree not to ride or operate a bicycle that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair. Expressly agrees that Rider shall 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 Rider is riding the bicycle or during any other use or operation of the bicycle and You shall notify the Provider of any such defect or malfunction.
- 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. This is not intended to be an extensive or exhaustive list. Rider agrees not to operate any bicycle that Rider knows or ought reasonably to know is not operating properly. Rider agrees that if Rider notices or otherwise becomes aware bicycle is not operating properly prior to operating the bicycle that he/she will notify the Provider of such defect or malfunction.
- Agree to use either a Visa Card or a Master Card credit card or Paypal and have all amounts charged in relation to the Service including any refundable deposit
- Agree to return the bicycle to the station before 6pm 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 & Acknowledge that Access Fees are non-refundable.
- Agree to allow The Provider to take still and 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 RFID.
- 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.
5. PRIVACY, CONFIDENTIALITY AND USE OF PERSONAL INFORMATION
- The Provider 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 reasonable aware of the NPPs, and any other obligations referred to in this clause.
6. ACCESS 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 and ever will be issued for this Activity.
- You must pay a fee as determined by the Provider (“Access Fee”). The Access fees are published at www.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.
- Depending on the Access levels required, there may be a security deposit to be paid and/or authorized when registering to use urbi. This deposit will be refunded in full when the Bicycle and all other related equipment is returned undamaged and on time.
- In addition to paying an Access Fee, You will be charged 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. The Extended Use Fee is published at Station Touchscreens, and found at www.urbi.bike
- Please select access fee carefully, as refunds or exchanges are not rewarded.
- If You commit any of the following acts, and unless otherwise agreed by the Provider, You will be liable to pay to the Provider in the following amounts:
- (a) where You fail to return the Bicycle to a urbi Station within 24 hours from the time you remove the Bicycle from the Bicycle Dock: $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 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 $500.
- For mechanical failures and for any other reason that you are 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 and call us to notify where the location of the bicycle is.
The Provider reserves the right to deduct the above amounts from the security deposit if You make no arrangements to
honour these payments.
7. EVALUATION ACTIVITIES
Agree that you will be invited to participate in evaluation activities by the Provider. 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 the Provider 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.