urbi terms + conditions
These Terms and Conditions, as may be amended from time to time, apply to all of urbi’s Services. By using urbi’s Services, you acknowledge you have read, understood and agree to the Terms and Conditions set out below.
The following terms, unless the context otherwise requires, have the following meaning:
Access means the terms and conditions of Your access to the urbi Services, namely where you have access to bike hire for longer periods such as a whole day, week or month or different rates of hire or other entitlement(s) depending upon the type of plan or service You have chosen with urbi.
Access Fees means fees payable to urbi including damage fees, extended use fees and access fees as outlined in clause 7.
App – means any urbi mobile phone application and any update of such application(s).
Bicycle means the urbi bicycle and helmet.
Hours of Operation means the hours which urbi (including any Station) is available for members to use are between 6am to 6pm of the relevant local time zone on every day of the week.
Included Period means the period of hire from when You are given the code to unlock your Bicycle or your Bicycle is unlocked, whichever occurs first. The period of standard hire is 45 minutes.
Property includes any real or personal property of any kind, including any chattel real or chose of action, whether tangible or intangible.
Related Body Corporate has the meaning ascribed in the Corporations Act 2001.
Services means the provision of bike hire and sharing services offered to the public, including any and all tangible or intangible service, online platform, mobile application, infrastructure, bicycles or ancillary equipment provided by urbi in facilitating the provision of such service.
Station means the urbi infrastructure, including related hardware, which houses bicycle and related equipment for use by the public.
Suitable Clothing means 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 ability to use a bicycle safely, track pants and skirts.
Terms and Conditions means these terms and conditions any variation thereof.
Unsuitable Clothing means clothing that would make riding a bicycle dangerous, including but not limited to, thongs, long skirts/dresses and unnecessary headwear reducing visibility.
urbi means the business undertaking of bike hire and sharing services offered to the public, owned, supplied and operated by Urban Bike Pty Ltd (ACN 611 122 377) and BikeValet Pty Ltd (ACN 107 270 351). The word “urbi” includes both Urban Bike Pty Ltd and BikeValet Pty Ltd and any related body corporate, director, contractor, agent or employee of them.
You means any person who uses (or agrees to use) any urbi Service(s) and includes that person’s representative, assigns, dependents, charges, heirs, successors, agents, invitees, children, family relations and next of kin.
Unless the contrary intention appears, a reference in this agreement to:
- this agreement includes any variation or replacement of it despite any change in the identity of the parties;
- the singular includes the plural and the plural includes the singular;
- a reference to a person includes a natural person, partnership, corporation, trust, association, joint venture, unincorporated body, Government Body or other entity;
- any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re‑enactments or replacements of any of them;
- money is to be in Australian dollars, unless otherwise stated;
- a time is a reference to Perth time unless otherwise specifically specified;
- the word(s) include, including, such as, for example and similar expressions are not to be construed as words of limitation, unless expressly stated;
- headings and any table of contents or index are for convenience only and do not affect the interpretation of this agreement;
- a provision of this agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of this agreement or the inclusion of the provision in this agreement;
- a reference to a day, month or year is a calendar day, month or year, unless stated otherwise; and
- if a party consists of more than one person, this agreement binds each of them separately and any two or more of them jointly.
- urbi’s Obligations
urbi is a communal bike sharing system that means that Bicycles can be picked up and returned at any Station. urbi’s obligations include:
- To provide bicycles & other related equipment, in an acceptable and safe condition for public use, in a pool for common use by multiple sharers within our Hours of Operation. The period of use is restricted to 45mins of exclusive individual use (Included Period), if not returned earlier to a Station;
- This communal bikeshare system 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. In which case, You may have to wait to use urbi or You may have to obtain a Bicycle from another Station;
- 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 you hired the Bicycle from and You would have to return the Bicycle to another Station;
- To balance the number of bicycles and empty slots across all the Stations so that the average bike 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; and
- We reserve the right to relocate, remove or discontinue use of any Station(s) without any notice or compensation, at our absolute discretion.
- The User (or Your) Obligations
By using urbi’s Services, You:
- Warrant 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 intend 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, familiar with and capable of safely and competently operating a bicycle. Further, that You are physically and mentally fit to ride a bicycle. If You have any existing physical or mental condition that would prevent or affect You from safely operating a bicycle, You must not use the urbi Service.
- 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 You, any other person or Property and the bicycle in danger or risk of damage while using the urbi Service;
- Agree to take responsibility of the Bicycle whilst in Your care;
- Agree You are responsible for the Bicycle for the Included Period. If the Bicycle becomes inoperative during Your care and/or You cannot return it to a Station for whatever reason, You agree to stop riding immediately, lock the Bicycle to a permanent fixture and contact urbi on the contact details referred to in clause 10, as soon as it is safe or possible to do so. You will be told to take a photo of the Bicycle in the locked location and You must leave the Bicycle and all other provided equipment in that location & condition for urbi to recover.
- Agree to thoroughly check that the Bicycle is in a safe and undamaged condition before You ride the Bicycle away from the Station. You further agree that You will not borrow a damaged Bicycle as You may be held responsible and be charged for all damages to that Bicycle even if there is no evidence of Your actions. You also agree that the charges may be deducted from Your deposit and your credit or debit card if the deposit is insufficient to meet any repair costs;
- Agree that additional charges may be deducted for:
- any damage to the Bicycle(s) or related equipment;
- failure to return the Bicycle or related equipment to a Station during the Included Period; and/or
- damage to a Station or other related equipment that has been attributed to You,
as outlined under clause 7.
- 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 2063: 2008) or otherwise with the applicable law of the State;
- 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;
- Agree 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, 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 and use the Bicycle in a manner (or in any other place prohibited by law) or that You know or ought reasonably to know may expose You or any other person to risk of injury, death, loss, damage or other harm, including Property damage or expose the 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 or at the Contact details referred to in clause 10. In the event of such defect or malfunction, you may be entitled to a partial refund;
- 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 not to ride an urbi bicycle outside the Hours of Operation, as the Bicycle is not equipped with equipment such as lights and high visibility aids for riding at night.
- Agree to return the bicycle before the expiry of the Included Period (or as specified in the relevant Access) and during the Hours of Operation.
- Agree that if the bicycle is not returned, You may be charged for the cost of recovery or replacement of the bicycle;
- You agree to allow urbi to take photograph(s) of the Bicycle when You are at a Station, whether such photographs may be taken when the Bicycle is hired or returned;
- You agree that by using the urbi app and a bicycle, Your location is being tracked using GPS and Bluetooth;
- You 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 urbi 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 material to these Terms and Conditions, You accept full responsibility and indemnify 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 agree that You fully release urbi from any liability whatsoever in respect of this clause (cc)
- Waiver, Release and Indemnity
By using or agreeing to use 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 the urbi’s Service at your own risk and You voluntarily assume responsibility for any personal injury, loss, death, damage, liabilities, expenses, claims or Property damage You or any other person or urbi may suffer (whether directly or indirectly) as a result of You using or agreeing to use the urbi Service or making the urbi Service available to any other person to use (whether such use was permitted by You or not).
- Agree to fully release and indemnify urbi and its respective agents, directors, contractors and related bodies corporate from all actions, claims, suits, costs, expenses, demands, loss, liabilities and damages (whether arising from personal injury, death or Property damage or otherwise) suffered or incurred by any or all of them or by any other person or You, by reason of or in respect of or in any manner whatsoever arising out of or caused by Your use of or agreement to use the urbi Service, whether such action(s), claim(s), suit(s), cost(s), expense(s), demand(s), loss, liabilities and damage(s) arose directly or indirectly from such use or agreement to use or whether permitted by You or not. For the avoidance of doubt, such indemnity and release are unconditional and unlimited.
- Agree that urbi is not liable to You in respect of any indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ includes 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.
- For the avoidance of doubt, the indemnity and release in this clause 5 apples in respect to anyone who uses Your urbi Service that is under the age of 18 years, whether such use was permitted by You or not.
- Agree that urbi has the right to cancel any account You may have with urbi and ban You from accessing any of the urbi Service (or any part thereof), 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 urbi Service.
- Agree that if You are banned from the urbi Service that any request of a refund may be refused.
- Acknowledge and agree that You are using the urbi Service which has no individual personal accident insurance cover for You (or any other person) in the event of an accident or personal injury to you or any other person. You agree to release and indemnify urbi against all claims associated with Your (or any other person’s) personal injury, loss or damage (whether proprietary or otherwise) or any other loss or damage whatsoever arising from Your use of urbi Services.
- 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 NPP and is protected against unauthorised access, unauthorised use, modification or unauthorised disclosure;
- 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;
- That no third party will obtain any of your personal information;
- Will ensure that any person who has access to any personal information of You, is reasonably aware of the NPP and any other obligations referred to in this clause 6; and
- 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.
- Fees Payable
- This clause applies to any person who uses the urbi Service and covers all forms of Access and any vouchers or other entitlements that are applicable to any such user.
- You must pay a fee as determined by urbi (Access Fee). 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 come into force.
- All Access Fees are non-refundable.
- When you add a credit card to any of urbi online platforms, the system will automatically debit your credit card account by $1.00 but refund such amount when the check shows 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 authorised when registering or purchasing to use urbi. This deposit will be refunded or released in full within 24 hours when the Bicycle is returned undamaged and in the time for return applicable to Your level of Access.
- In addition to paying an Access Fee, You will be charged $6 for each hour or part thereof if You don’t return the hired urbi Bicycle(s) to a Station (Extended Use Fee) within the Included Period.
- If You commit any of the following acts, and unless otherwise agreed by urbi, You will be liable to pay the following amounts to urbi:
- subject to clause 7(h), where You fail to return the Bicycle to a urbi Station in accordance with Your Access or before the expiration of the Included Period, of $6.00 per hour (including any such time outside the Hours of Operation) and up to a maximum of $1,000;
- where there is damage to the Bicycle or other related equipment or to the Station that has been attributed to You directly or indirectly, the cost to repair the such damage, up to a maximum of $1,000; and
- where You have breached or in accordance with any other terms of these Terms and Conditions, which has resulted in loss or damage to urbi, the cost of such loss or damage.
- If by reason of defect or malfunction or disrepair or damage (You did not directly or indirectly cause) that prevents You from returning the Bicycle to an urbi Station, You will not be charged any Extended Use Fee if the Bicycle is locked to a permanent fixture within 1000 metres of the closest urbi Station and urbi is notified immediately via the App or at the addresses listed in clause 10. For the avoidance of doubt, such waiver of the Extended Use Fee does not extend to any other obligations of You under these Terms and Conditions.
- Without prejudice to any other right, urbi reserves the right to deduct any of the above amounts (if applicable) from the security deposit.
- Evaluation Activities
Subject to clause 6, 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.
If any provision of this document is invalid, illegal or unenforceable, the provision must, as far as possible, be read down to give it a valid operation of a partial character. If that is not possible, the provision must be severed and the remaining provisions must, as far as possible, not be affected or impaired by that.
- No Assignment
You may not (and are prohibited) from assigning any right under this agreement.
- Contact Information
urbi can be contacted on:
- Address: Shop 7, 76 Newcastle Street, Perth, Western Australia;
- Phone: +61 8 9228 9009;
- Email: firstname.lastname@example.org; and
- Website: www.urbi.bike.