TERMS OF USE

    GetBike Sharing System Ltd. welcomes you to our website and the applications and services available from us, through our website or other platforms (the “Site” and the “Services”). Your use of the Site and the Services are governed by these Terms of Use (these “Terms”). Any time you browse the Site or use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Site or the Services.

    Your use of the Services is also subject to our Privacy Policy, which is located on the Site. We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Site. We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion.

    Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.

    These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.

    1.Eligibility

    If you are under 18 years old, you may not use the Services. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.

    You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

    2.Registration & Account

    Certain of the Services or portions of the Services may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a phone number and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account.For security purposes, we may also require you to submit identity verification in order to become a Registered User.

    Certain of the Services may also require you to maintain a valid payment method on file on your Account, which may be a credit card, debit card, or otherpayment forms we may permit (a “Payment Account”). If you link a Payment Account to your Account, you authorize us to charge your Payment Account for all amounts due to us hereunder.

    3.Bike Rental Program

    Some of the Services we offer include a bike rental program (the “Program”). In order to rent a bike using the Program, you will need to have a valid Payment Account on file with us, and when you sign up for an Account, we will authorize a deposit on the Payment Account in an amount shown on the Services (the “Deposit”). In addition to the Deposit, you will be charged for each rental at the rate shown on the Services. We will maintain your Payment Account on file until your Account is cancelled or terminated, at which time we will release the Deposit in accordance with these Terms.

    If damage, theft, or loss to the bike occurs (or is deemed to have occurred) during the Responsibility Period, you authorize us to hold your Deposit until we can determine the amount of damage caused to the bike. If the combined amount of damage and loss of use (determined by us in our sole discretion) exceeds the amount of the Deposit, you acknowledge and agree that your entire Deposit will be forfeited and you further authorize us to charge your Payment Account for the remainder of the total cost to repair or replace any damaged, stolen, or lost equipment at retail replacement cost, plus loss of use.Each time you rent a bike using the Program, our Rental Agreement and Waiver (the “Waiver”) will apply to that rental. The Waiver will always be available on the Services and is incorporated into this Agreement.

    4.Your Responsibilities Using the Program

    The Program is unique from other bike rental and bike sharing services in that it does not operate using racks at predefined locations. Instead, our bikes have a locking mechanism that allows you to end your rental anywhere, not just at a rack. You acknowledge and agree that upon ending a rental, you will park the rented bike in a public location where such parking is permitted by local laws and ordinances and further where the bike will not be subject to damage or destruction. You acknowledge and agree that you are responsible for the rented bicycle from the time the bicycle is rented by you; until you finish your trip, lock your bicycle, and park it in a lawfully designated location; deemed appropriate by GetBike Sharing System Ltd., and in accordance with the local laws and regulations. Additional Fees will be charged for wrong or illegal parking.

    You acknowledge and agree that you must ride with caution and comply with all traffic and other applicable laws, ordinances, and regulations (“Laws”) while using the Program. You are responsible for being informed as to all appropriate Laws. Please note that in most states, bikes follow the same rules, regulations, and responsibilities as automobiles. You agree not to use cameras, cell phones, or other electronic devices while riding.

    When you rent a bike using the Program, you must check to ensure that the bike is in good condition prior to riding it. If you note damage or a maintenance issue during inspection, please report the issue to us using the mechanism provided on the Services. If you do not report any damage or maintenance issue to us prior to commencing your rental, you acknowledge and agree that the bike will be deemed to have no such issue at the time your rental began. You agree not to ride any bike that you note damage on.

    5.Permitted Uses/License

    You are authorized to access the Site and the Services for the sole purpose of viewing and using the Services on your computer or device.

    You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. You may not use any robot or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may violate our intellectual property rights or the intellectual property rights of third parties.

    6.Location-based Services

    Some of the Services may require that location functionality be enabled on the relevant device in order to work properly. You acknowledge and agree that if location permissions and functionalities are not enabled on the device with which you access the Services, the Services may not work appropriately or at all. We will use any location information we receive from you in accordance with our Privacy Policy.

    7.Third Party Sites

    The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.

    8.User Content Generally

    When you post content and information to the Site or in connection with the Services (“User Content”), you represent and warrant to us that (1) you own or have rights to use the User Content, (2) the posting of the User Content does not violate any rights of any person or entity, and (3) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to the Site or through the Services.

    By posting User Content, you give us and our affiliates right to use and display such User Content in such manner as is necessary to provide the Services to you; provided that this right shall not give us any ownership or other rights in the User Content.

    9.User Conduct

    You agree not to use the Site or the Services to take any action or actions that (including with respect to any User Content): (1) are patently offensive in any manner (as determined in our sole discretion), (2) involve commercial activities without our prior written consent, such as contests or sweepstakes, (3) are contrary to our public image, goodwill, or reputation, (4) infringe on our or any third party’s intellectual property rights, (5) violate any law or any third party’s legal rights, or (6) “frame” or “mirror” any part of the Site without our prior written consent.

    10.Data

    You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

    11.Warranty Disclaimer

    You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.

    We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.

    Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

    12.Indemnification

    You agree to indentify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.

    13. Electronic Signatures and Notices

    Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.

    If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

    14.Miscellaneous

    We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms,you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.

RENTAL AGREEMENT AND WAIVER

    This Rental Agreement and Waiver (this “Waiver”) is between GetBike Sharing System Ltd. (the “Company”) and you, the user of our bike rental program (the“Program”). In addition to the terms and conditions of this Waiver, you agree that your use of the Program is further governed by our Terms of Use and Privacy Policy, each of which is incorporated herein. Terms capitalized but not defined herein shall have the meanings ascribed to them in our Terms of Use.

    1.I acknowledge that bicycling can be a hazardous activity that involves substantial risk of harm to myself and others, including injury or death. I willingly agree to assume all risks associated with my use of the Program and of the equipment I rent using the Program. I will ride with caution and comply with all traffic laws while using the Program. I will not use cameras, cell phones, or other electronic devices while riding a bike I rented with the Program.

    2.I agree to indemnify and hold harmless the Company and its owners, officers, directors, managers, representatives, agents, employees, and its and their associates and affiliates, and any other person or entity acting on its or their behalf (the “Indemnified Parties”), from any and all liability for damage, injury, or death to myself or any other person or property, which are any way connected to my use of the Program. I waive my right to present any legal claim or lawsuit against the Indemnified Parties regardless of how any damage, injury, or death may have occurred, through negligence or any other manner.

    3.I hereby release the Indemnified Parties, as well as the manufacturers and distributors of any equipment provided to me under the Program (the “Released Parties”) from any liability for damage, injury, or death to myself or any other person or property, which are any way connected to my use of the Program.

    4.I agree that when I rent a bike using the Program, I will carefully inspect the bike prior to using it. If I note any damage to the bike, I will not use the bike and will notify the Company using the method prescribed on the Services. I hereby release the Released Parties from any liability or claim resulting from a failure of the bike rental equipment to the maximum extent permissible under applicable law.

    5.I accept the bike and any other equipment I am renting hereunder “AS IS” and accept full financial responsibility for the care of such equipment while in my possession.

    6.I acknowledge and agree that I am responsible for returning rented equipment in the condition in which it was received. Although the Program’s bikes have a locking mechanism to help deter theft, it is not a guarantee against theft or loss; consequently, I agree that I am responsible for any rented bike for the entire Responsibility Period. If damage, theft, or loss to the bike occurs (or is deemed to have occurred) during the Responsibility Period, you authorize us to hold your Deposit until we can determine the amount of damage caused to the bike. If the combined amount of damage and loss of use (determined by us in our sole discretion) exceeds the amount of the Deposit, you acknowledge and agree that your entire Deposit will be forfeited and you further authorize us to charge your Payment Account for the remainder of the total cost to repair or replace any damaged, stolen, or lost equipment at retail replacement cost, plus loss of use.

    7.I acknowledge and agree that this Waiver is a legally binding contract, release of liability, and indemnity agreement. I agree that if any portion of this Waiver is found to be void, valid, or unenforceable, the remaining portions shall remain in full force and effect. This Waiver shall be binding on me, my heirs, assignees, executors and personal representatives.

    8.If there are any discrepancies between this Waiver and the Terms of Use, this Waiver shall control.

    9.I AGREE THAT DISPUTES UNDER THIS WAIVER WILL BE SUBJECT TO THE DISPUTE RESOLUTION PROVISIONS OF THE TERMS OF USE, WHICH INCLUDE PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    If you encounter any problem using the bike you can report it with APP by clicking customer services. We encourage you to submit your comment. Besides you can contact us in these ways.


    Company name: GetBike Sharing System Ltd.
    Address: Unit 4, Woodstock Farm, Kent, DA3 8PJ
    Email: cs_uk@getbcity.com
    Contact: ++44 (0)1322865130

PRIVACY POLICY

    1. In General

    GetBike Sharing System Ltd (“we” or “us”) values our customers and respects their privacy. This privacy policy (“Privacy Policy”) governs our collection and use of data in connection our website (the “Site”), our applications, and any services we offer (collectively, the “Services”). Terms capitalized but not defined in this Privacy Policy shall have the meaning ascribed to them in our Terms of Use.

    This Privacy Policy sets forth the nature, purpose, use and sharing of any information that identifies or can be used to identify you, the visitors to the Site, and users of our Services (“Personal Information”). This Privacy Policy does not govern privacy practices associated with offline activities, websites other than ours, or practices of third parties that we do not own or control, such as our partners, third party service providers featured on the Site or in the Services or advertisers. If you have objections to the Privacy Policy, you should immediately discontinue use of the Services and follow the procedure described in the section entitled “Opting-Out or Updating Your Personal Information and Privacy Preferences.”

    The Site and the Services are intended for adult audiences only, and we do not knowingly collect any Personal Information from anyone under 13 years of age.If you are under age 13, please do not provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from a child under the age of 13, please contact us immediately.

    2. Changes in Privacy Policy

    Any Personal Information that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. We may change the Privacy Policy at our sole discretion. However, if at any time we make material changes to the Privacy Policy, we will notify you of those changes on the Site and through the publishing of an updated Privacy Policy. If as the result of such changes you want to alter the ways in which we are allowed to use your Personal Information, you can do so by following the procedure described in the section entitled “Opting-Out or Updating Your Personal Information and Privacy Preferences.”

    3. Third Party Accounts

    You may have the opportunity to register or connect your Account to or through a social networking site (i.e., Facebook, Twitter, or Google+ and each an “External Account”). If you connect your Account to or through an External Account, either at or after your initial registration, we will collect, store, and use in accordance with this Privacy Policy any and all information you agreed that the External Account could provide to us via its API. Your agreement (and our access to your information) takes place when you instruct, accept, or allow the External Account to register you for the Site or Services or otherwise connect to the Site or Services through the External Account. You can revoke our access to any External Account by amending the appropriate settings on the applicable External Account.

    4. Collection of Information

    1. We collect the Personal Information you give us when you register with the Site or Services or use the Services, including name, address, credit card or bank information, and other Personal Information requested as part of your use of the Site or the Services, or the information you choose to give us when you use the Services.

    2. We automatically collect certain kinds of non-personal information from you when you use the Site or the Services, including device, browser type, operating system, CPU speed, referring or exit webpages, click patterns, Session ID, and your computer’s IP address.

    3. We may on occasion supplement or correct the Personal Information you submit to us and your IP address with information in our other databases or information from third-party sources in order to reduce errors in our database, authenticate our users, prevent fraud and prevent abuse of our Site, as well as to provide more consistent, relevant experiences to our users.

    4. We may collect general information about use of the Site and the Services, such as what pages visitors access, the number of visits, average time spent on the Site and other similar factors. This information is generally collected in aggregate form, without identifying any user individually, although IP addresses and Session ID in relation to downloads may be tracked as part of our fraud prevention efforts.

    5. Location-Based Services

    Some Services may contain functionality that can enable us to access your location and tailor your experience based on your location (“Location-based Services”). To use Location-based Services, you must enable certain features of your mobile device (e.g., GPS, WiFi, or Bluetooth) to allow us to identify your location. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party that may access such information for the purpose of providing such data services to us. You agree to such access by such third parties. You may enable or disable such Location-based Services at any time via a menu within the Apps. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the menu, you will not be able to utilize certain features of the Services. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Services, (ii) we may provide Location-based Services related to and based on your then-current location, and (iii) we may use any such information collected in connection with the provision of Location-based Services in providing the Services. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.

    We may use your location to provide you with advertisements, offers, and other promotional content as part of the Services.

    6. How Your Information is Used

    Except as provided herein, we collect and use your personal and non-personal information for internal purposes only or for gathering aggregate and anonymized data. We may use your information in the following ways:

    1. To conduct routine business operations such as billing, identification, authentication, contact purposes and general research. As part of our routine business operations, we may transfer your Personal Information to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing. These service providers are obligated to protect your information, and they do not use your Personal Information for their own commercial purposes.

    2. To employ internal marketing techniques such as tracking customer preferences to provide a customized Site experience and communicating with you about Services, special offers, and other services.

    3. To enhance the Services.

    4. To gather generic product, location and other contributed information to make reports based on aggregate anonymized data, which we may use internally, use for public relations or marketing purposes, or which we may sell to others.

    5. To comply with court and governmental orders.

    7. Tracking, Use of Cookies, Web Beacons and Similar Devices

    In order to improve our Products and the App and provide more convenient, relevant experiences to our customers, we and our agents may use “cookies,” “web beacons,” and similar devices to track your activities. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. We do not support browsers’ Do Not Track features. You can enable or disable Do Not Track by visiting the preferences or settings page of your browser.

    8. Protecting Your Information

    1. We use a variety of security measures, including SSL, encryption, and authentication tools, to help protect your information. It is your responsibility, however, to maintain security of any Link you receive when using the Services.

    2. We do not retain your Personal Information for longer than is necessary for our business purposes. When we no longer need your Personal Information, we dispose of it safely.

    9. Disclosure to Third Parties         

    We will not share your Personal Information with third parties without your express consent, except in the limited circumstances described below:

    1. We may share your Personal Information with Artists and our third party service providers for the limited purposes described in the section entitled “How Your Information is Used.”

    2. We will share your Personal Information when required by law, regulation, or litigation, and as necessary for purposes of national security, law enforcement, or other issues of public importance.

    3. If we sell assets or are acquired by or merged with another entity, we may provide such entity customer information without obtaining your further consent. We may provide notice of such asset sales, acquisitions, or mergers on the Site.

    10. Your Choices

    1. If at any time you are uncomfortable with our use of your Personal Information for internal marketing purposes and for the purpose of creating aggregate reports, you may opt-out by email as described in “Opting-Out or Updating Your Personal Information and Privacy Preferences.” Note that if you opt not to provide us with certain mandatory information, then our Products and services may be unavailable to you.

    2. You may similarly opt out of receiving communications from us, although we may find it necessary to continue to communicate with you regarding your use of the Services.

    3. For our websites, you may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.

    11. Governing Law

    The terms of this Privacy Policy are governed by and in accordance with the English law. You should not provide us with any Personal Information unless you consent to the application of United Kingdom law and, where applicable, English law, and to the use and disclosure of your information in accordance with the terms of this Privacy Policy.

    12. Opting-Out or Updating Your Personal Information and Privacy Preferences

    You have the right to access, correct and delete inaccuracies in your Personal Information and privacy preferences on the Services at any time by signing into your account and editing your Personal Information in your account profile. You may also do so by contacting us via telephone, postal mail, or email.

    If at any time you wish to opt-out of our use of your information for internal marketing purposes or for compiling aggregate risk reports, you may do so by sending a written notice to: cs_uk@getbcity.com.

    13. Privacy Complaints

    We take our users’ privacy concerns seriously. If you believe that we have not complied with this Privacy Policy with respect to your Personal Information, you may write to us at the address noted above.

    Also, please note that we are not responsible for the content or privacy practices of third-party websites or integrated products to which the Site or the Services may link. You should review the privacy policies of such sites before using the associated sites.

    The Services are intended for users in the United Kingdom and those not governed by privacy policies of other countries. Users outside the United Kingdom are advised not to disclose Personal Information to us.


© Copyright 2017 GetBike Sharing System Ltd. All rights reserved.
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