Terms and conditions
MOBIKE TERMS AND CONDITIONS FOR USERS
- About these Terms and Conditions
1.1. These Terms and Conditions (“Terms”) govern the access or use of applications, content, products and services (“the Services”) made available by Mobike Australia Pty Ltd (“Mobike”) in Australia.
1.2. Please read these terms and conditions carefully before accessing or using the Services. Access to and use of the Services constitutes your agreement to be bound by these Terms. Our staff, contractors and agents have no authority to make individual exceptions or amendments to these Terms.
1.3. MOBIKE MAY AMEND THESE TERMS FROM TIME TO TIME. YOUR CONTINUED ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO BE BOUND BY THE AMENDED TERMS. A COPY OF THE LATEST AND APPLICABLE TERMS CAN BE OBTAINED FROM https://www.mobike.com/au/ OR ARE AVAILABLE ON REQUEST FROM US.
1.4. If you have an enquiry or complaint, or experience a problem using Mobike, please contact us through the Application or in writing at email@example.com.
- The Services
2.1. The Services comprise Mobike’s application, websites, content and services made available in Australia that enable users to find, reserve, unlock and to rent bicycles provided by Mobike, where available.
2.2. Unless otherwise agreed in writing by Mobike, the Services are made available solely for personal and non-commercial use in the designated operating zones. Details of the operating zones can be found in the Application, on our website or by writing at firstname.lastname@example.org.
2.3. Subject to compliance with these Terms, you are granted a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to (i) access and use Mobike’s application (the Application) 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 solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Mobike and Mobike’s licensors.
2.4. The Services and all rights therein are and shall remain Mobike’s property or the property of Mobike’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except as provided for in these Terms or permit you to use or reference in any manner Mobike’s company names, logos, product and service names, trademarks or services marks or those of Mobike’s licensors.
- User Account
3.1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”) accessible through the Application.
3.2. You must be aged 18 or older to register for an Account or use the Services. You may use a Mobike bicycle if you are aged between 15 and 18 (“a minor”) and the minor’s parent or legal guardian (i) has registered the Account on behalf of the minor (ii) consents to and supervises the minor’s use of the Services (iii) guarantees, represents and warrants that they and the minor have accepted and agreed to these Terms and (iv) that they are fully responsible and liable for all injuries, damages, costs and expenses arising from the minor’s use of the Services in accordance with these Terms and as provided for by law. Anyone under the age of 15 may not use the Services, including a Mobike bicycle.
3.4. You are required, in accepting these Terms, to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services or may result in Mobike’s termination of your access to the Services.
3.5. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3.6. Unless otherwise permitted by Mobike in writing, you may only register for one Account.
3.7. Mobike reserves the right to refuse the registration of a user Account or to suspend or terminate a user Account in accordance with clause 12.
3.8. You may not authorize third parties to use your Account nor assign nor otherwise transfer your Account to any other person or entity to access or use the Services.
3.9. Where Mobike considers it necessary, you may be asked to provide proof of identity to access or use the Services and you may be denied access to or the use of the Services if you refuse or are unable to provide proof identity.
3.10. By creating an Account you agree that Mobike may ask for your consent to send you information by text message (SMS) to facilitate the use of the Services. You have the right to subsequently opt out of receiving text messages but acknowledge that this may impact on your use of the Services.
- Bike Access
4.1. Mobike bicycles can be found, reserved, unlocked and used when logged into your Account. Bicycles are unlocked by scanning the QR code on the bicycle.
4.2. You are responsible for obtaining the data network access necessary to access and use the Services. Your mobile network’s data and messaging rates and fees may apply and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. To the fullest extent permitted by law, Mobike 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.
4.3. Mobike bicycles are locked by locking the bike manually or remotely through the Application.
- Charges and Payments
5.1. Before Mobike bicycles can be unlocked, you must pay a security deposit which shall be collected from the preferred payment method indicated in your Account.
5.2. The charging period will commence when the Mobike bicycle is unlocked. The charging period ends when the Mobike bicycle is locked (in accordance with paragraph 4.3, above). The start and the end of the charging period constitutes one trip.
5.3. You will be charged for each trip on a Mobike bicycle according to the current rate and price list. Details of the prices, charges and security deposit are available on the Application or upon written request to Mobike at email@example.com. You shall not use Mobike Services if you don’t agree to the prices, charges or security deposit.
5.4. Mobike reserves the right to amend these Terms including the charges at any time but, where practicable, will use all reasonable endeavours to provide you with prior notification of any such amendments.
5.5. The charging period and any charges imposed, including charges for lost, stolen or damaged bicycles will be determined by Mobike using the data recorded on Mobike’s systems and that data shall be proof of the period of use. You must contact Mobike within 90 days of when the charge was made should you wish to dispute the amount charged. You agree that we may, at our sole discretion, collect any charges imposed hereunder, including but not limited to charges for lost, stolen or damaged bicycles, directly from your debit card, credit card or alternative payment method that you have registered with us.
5.6. Prior to accessing a Mobike bicycle you need to furnish your Account with sufficient funds for your trip. The charges will be recovered from your Account at the end of each trip. If sufficient funds are unavailable in your Account for the trip the outstanding sums will be debited when funds are next added to your Account. You will be unable to start a new trip on a Mobike bicycle until sufficient funds are available on your Account.
5.7. If a Mobike bicycle is lost or stolen during the trip you must notify the local police and inform Mobike of any police incident number provided to you. Mobike may charge you up to the maximum sum of AU $1000 in respect of the loss or damage suffered by Mobike as a result of the loss of the bike. This clause does not limit your liability for any other potential damages apart from the loss of the bike.
5.8. If a Mobike bicycle is damaged during your trip you must report the damage to Mobike as soon as it is safe to do so through the Application or by writing to firstname.lastname@example.org. Depending on the extent of the damage to the bicycle, Mobike may charge you a maximum sum of AU $1000 in respect of such damage.
5.9. If a Mobike bicycle is stolen at the end of the trip then Mobike may charge you a maximum sum of AU $1000 if (i) you left the Mobike bicycle unlocked and the Mobike bicycle is not found or recovered within 14 days of when you first unlocked the Mobike bicycle or (ii) if you park a Mobike bicycle outside of an operating zone and that bicycle is stolen from that location. In the event the Mobike bicycle is later recovered Mobike will refund any charges made after the cost of any repairs has been deducted.
5.10. If a Mobike bicycle is parked outside of an operating zone, an additional bike relocation fee will be charged. Details of such a bike relocation fee, including but not limited to the price of such a fee, are available on our Application or upon written request to Mobike at email@example.com. You shall not use Mobike Services if you don’t agree to these charges.
5.11. You hereby agree for Mobike to collect any charges or payments accruing from registration with Mobike and use of Mobike bicycles. You have the right to terminate this agreement at any time in accordance with the termination provisions set out at clause 12.
5.12. Upon termination of the Account you will be required to pay any outstanding charges for trips made where insufficient funds were available in your Account. Mobike will repay any security deposit but Mobike shall be entitled to deduct from the security deposit any charges arising out of the damage or destruction of a Mobike bicycle or any outstanding charges for trips made that have not been paid. Mobike will repay the security deposit, or any remainder thereof, within 2 weeks of the Account’s termination.
5.13. Mobike may, in Mobike’s sole discretion, create and offer promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services (“Promo Credit”), subject to any additional terms that Mobike establishes for each Promo Code. You agree that Promo Credit is for your sole and personal use and may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted in writing by Mobike. Promo Credit may only be used pursuant to the specific terms that Mobike establishes for each Promo Code. The Promo Codes and Promo Credit have no cash value and may expire before any Promo Credit has been redeemed or used. To the fullest extent permitted by law, Mobike reserves the right to withdraw or disable any Promo Credit at any time and for any reason without liability. To the fullest extent permitted by law, Mobike reserves the right to withhold or deduct Promo Credit other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Mobike determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
5.14. Where your Account is registered and maintained in a country or location which uses a currency that is different from the currency of the country or location where you use the Mobike service then:
- a) the cost of each journey will be the cost of the journey in the country where you use the Mobike, and
- b) charges will be made in the currency of the country where your Account is registered and payment will be made from that Account. Mobike converts your payment automatically. Mobike uses an exchange rate based on data from one or more third parties, such as OANDA. It is updated regularly, but may not be identical to the real-time market rate. Where you are paying in a currency that is different from the default currency of the country where you are using the Mobike service, we also charge a 3% conversion fee on your total cost; the conversion fee accounts for Mobike’s holding costs and foreign currency risks. The exchange rate used will display on the checkout page before you confirm your use of the Mobike service.
- Availability of Mobike Bicycles
6.1. Mobike will always try to run a reliable service and ensure that Mobike bicycles are available. Sometimes part or all of the Services will be unable to operate for reasons beyond our reasonable control.
6.2. During certain periods, Mobike bicycles may be in heavy demand so Mobike cannot always guarantee to have a bicycle available within a reasonable distance.
- Your obligations
7.1. You are personally responsible for each Mobike bicycle for the duration of any trip (from when you unlock the Mobike bicycle until you lock the Mobike bicycle).
7.2. When using a Mobike bicycle you must be capable of riding and operating a bicycle competently on the roads and take all reasonable care to protect yourself through the use of a cycle helmet and necessary protective and reflective clothing. You must also:
(a) comply with these terms and conditions and all applicable laws and regulations;
(b) make yourself familiar with the operation of the bicycle before commencing your trip;
(c) check that the Mobike bicycle (including, without limitation, the tyres, brakes, saddle, lights, frame and bell) is roadworthy and safe before commencing your trip;
(d) end your trip and use of the bicycle immediately in the event the bicycle suffers from any technical defects or is otherwise damaged at the beginning of, or at any point during, the trip. All such defects and damage should be reported to Mobike through the Application at the earliest and safest opportunity;
(e) abide by all road rules applicable in the State or Territory in which you ride a Mobike bicycle, including wearing a suitable helmet at all times when riding a Mobike bicycle;
(f) observe all traffic signs and signals;
(g) use the Mobike bicycle reasonably, considerately and responsibly;
(h) take reasonable care of the Mobike bicycle;
(i) secure and ensure that all transported goods and items are fastened and/or secured effectively at all times; and
(j) lock the bicycle when not in use.
7.3. When using a Mobike bicycle you must not:
(a) lock or secure the bicycle to any object or property during the trip;
(b) leave a bicycle unattended, even if only for a short period of time;
(c) use a bicycle to operate a courier service or other business;
(d) give, lend or sell the bicycle to any other person or allow any other person to use the bicycle;
(e) damage, deface, vandalise or tamper with the bicycle;
(f) cycle with more than one person at a time;
(g) add or attach accessories or trailers to the bicycle;
(i) a load in the basket of more than 10 kilograms;
(ii) an object which overhangs the basket;
(iii) any animals, children or persons; or
(iv) dangerous, hazardous or flammable substances or any object that is likely to cause injury to you or damage to the bicycle or injury or offence to any other person;
(i) use the bicycle in a manner that causes or is likely to cause injury, harassment, alarm or distress to others;
(j) use the bicycle in case of strong wind or stormy weather;
(k) use the bicycle under the influence of drugs or alcohol; and
(l) transfer or move the Mobike bicycle or any part of it to any areas by means other than riding the Mobike bicycle in accordance with applicable laws and regulations, whether the bicycle is locked or not; and
- use the bicycle outside of the operational zones.
7.4. When parking a Mobike bicycle you must follow all applicable laws and regulations. You agree to leave it in a conspicuous location where it can be seen by passers-by and will not cause an obstruction or hazard to other road users. You should use cycle standing or other parking facilities wherever possible and secure the bicycle so that it does not fall over and become a hazard or obstruction. In particular, it is not permissible to park bicycles:
(a) on a road or near a road in a dangerous position;
(b) at traffic lights or traffic signs;
(c) at parking ticket machines or parking meters;
(d) on walkways that are thereby reduced to a width of less than 1.5 metres;
(e) in front of, in or near emergency exits or fire escapes; or
- in private property areas or non-public places that prevent free access of other users to the use of Bikes, including but not limited to inside private parking area, house, apartment, or any other private spot.
7.5. . When using the Services provided by Mobike you may not:
(a) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(b) except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent Mobike restraining You from doing so, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Mobike;
(c) except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent Mobike restraining You from doing so, decompile, reverse engineer or disassemble the Services;
(d) link to, mirror or frame any portion of the Services;
(e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
(f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
(g) submit, upload or publish any defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content;
(h) without the prior written consent of Mobike, publish any commercial or non-commercial advertisements; and
(i) infringe any other party’s lawful rights, including without limitation intellectual property rights.
8.1. THE SERVICES MAY BE MADE AVAILABLE OR ACCESSED IN CONNECTION WITH THIRD PARTY SERVICES AND CONTENT (INCLUDING ADVERTISING) THAT MOBIKE DOES NOT CONTROL. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO CLAUSE 9.1, MOBIKE DOES NOT ENDORSE SUCH THIRD PARTY SERVICES AND CONTENT AND IN NO EVENT SHALL MOBIKE BE RESPONSIBLE OR LIABLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY PROVIDERS. ACCESS TO THE SERVICES USING THESE DEVICES IS SUBJECT TO TERMS SET FORTH IN THE APPLICABLE THIRD PARTY’S TERMS AND CONDITIONS.
8.2. MOBIKE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (“MOBIKE PARTIES”) HAVE TAKEN ALL REASONABLE CARE IN THE OFFERING OF THE SERVICES BUT, TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO CLAUSE 9.1, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE APPLICATION AND THE UNDERLYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO CLAUSE 9.1, MOBIKE PARTIES SHALL NOT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR OTHER INFORMATION CONVEYED TO THE USER NOT FOR DELAYS OR INTERRUPTIONS OF THE DATA OR THE INFORMATION STREAM AND MOBIKE PARTIES DO NOT GUARANTEE THAT THE APPLICATION AND OTHER SERVICES WILL BE AVAILABLE AT ALL TIMES. SUBJECT TO THE TERMS CONTAINED HEREIN, YOU USE THE APPLICATION AND OTHER SERVICES AT YOUR OWN RISK.
9.1. THE LIMITATIONS ON MOBIKE’S LIABILITY CONTAINED IN THESE TERMS ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THIS CONTRACT RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW OR ANY OTHER RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED. SUBJECT TO THOSE LAWS, TO THE EXTENT TO WHICH MOBIKE IS ENTITLED TO DO SO, ITS LIABILITY UNDER SUCH IMPLIED CONDITIONS OR WARRANTIES OR OTHER RIGHTS OR REMEDIES SHALL BE LIMITED AT ITS OPTION TO:
(a) IN THE CASE OF GOODS, ANY ONE OR MORE OF THE FOLLOWING:
(i) THE REPLACEMENT OR REPAIR OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR
(ii) THE PAYMENT OF THE COST OF REPLACING OR REPAIRING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR
(b) IN THE CASE OF SERVICES ANY ONE OR MORE OF THE FOLLOWING:
(i) THE SUPPLYING OF SERVICES AGAIN; OR
(ii) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
9.2. SUBJECT TO CLAUSE 9.1, MOBIKE WILL NOT BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM (WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, OR BREACH OF ANY STATUTORY DUTY) FOR:
(a) ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR USE OF A MOBIKE BICYCLE FROM THE MOMENT YOU UNLOCK THE BICYCLE UNTIL IT IS LOCKED AND IN RESPECT OF ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR PARKING OF THE MOBIKE BICYCLE;
(b) THE LOSS OR DAMAGE OF ANY MOBIKE BICYCLE WHICH YOU CAUSE INTENTIONALLY OR THROUGH YOUR NEGLIGENCE;
(c) ALL INJURY, DAMAGE OR LOSS ARISING FROM YOUR NON-COMPLIANCE WITH YOUR OBLIGATIONS AS DEFINED IN THESE TERMS;
(d) ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; AND
(e) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR EXEMPLARY DAMAGES.
9.3. MOBIKE SHALL REMAIN LIABLE FOR DAMAGES OR LOSS IN RESPECT OF DEATH, PERSONAL INJURY OR PROPERTY DAMAGE THAT IS CAUSED INTENTIONALLY BY MOBIKE OR THROUGH MOBIKE’S NEGLIGENCE.
9.4. SUBJECT TO CLAUSE 9.1, MOBIKE’S TOTAL LIABILITY TO YOU FOR ANY REASON AND IN RESPECT OF ANY CLAIM (WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, OR BREACH OF ANY STATUTORY DUTY) SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO MOBIKE IN THE PRECEDING 12 MONTHS OF A PARTICULAR CLAIM.
You agree to indemnify and hold Mobike and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your use of the Services or services;
(b) your breach or violation of any of these Terms; or
(c) your violation of the rights of any third party, including those injured in accidents.
- Public Liability Insurance
11.1. Mobike has arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from your use of a Mobike bicycle (the “Insurance”).
11.2. The cost of the Insurance is included in the hire charges for using a Mobike bicycle and it is not possible for you to opt out of the Insurance.
11.3. The Insurance does not cover you for any injury or harm you suffer in the event of an accident and you may wish to take out your own insurance before using a Mobike bicycle.
11.4. If you are involved in an accident or damage or injury is caused to you, someone or something while using a Mobike bicycle Cycle, you must stop cycling when safe to do so and inform the local police. You must also notify Mobike through the Application or by email to firstname.lastname@example.org of the accident and any resulting injury or damage. You must provide Mobike with any police incident number provided to you.
- Refusal, Suspension and Termination of Account
12.1. You or Mobike may terminate their contractual relationship and so terminate your Account at any time.
12.2. You may terminate your Account by contacting Mobike at email@example.com.
12.3. If at any time you do not comply with these Terms and/or any applicable laws or regulations while using a Mobike bicycle or any other Service, Mobike reserves the right to terminate or suspend your use of the Service, including the hire of Mobike bicycles.
12.4. Information obtained by the police regarding non-compliance with these Terms and any applicable laws or regulation while you are using a Mobike bicycle may be disclosed to us and we may use such information to terminate or suspend your use of the Services, including the hire of Mobike bicycles.
12.5. Where your Account is terminated Mobike will refund your security deposit and any outstanding credit on your Account once all deductions have been made for monies owed through use of the Services. Any outstanding amounts will be refunded within 2 weeks.
12.6. If you have used or attempted to use a payment method to defraud us, Mobike may terminate your Account without payment of any refund to you.
12.7. Mobike may refuse the registration of an Account if:
(a) a user has previously been suspended using the Mobike service or had their account terminated for failing to adhere to the Terms or any applicable laws and regulations;
(b) there are outstanding sums payable to Mobike arising from a previous use of the Service;
(c) Mobike receives a police instruction that you have committed a cycling offence in accordance with any applicable laws; or
(d) Mobike has reason to believe that you are attempting or have attempted to use a payment method to defraud Mobike.
- Complaints and disputes
13.1. Any complaints should be made to firstname.lastname@example.org.
13.2. These Terms constitute the entire agreement and understanding of the parties with respect to their subject matter and replaces and supersede all prior Terms and agreements between the parties regarding the use of Mobike Services.
13.3. These Terms and your use of the Services are governed by the laws of New South Wales.
13.4. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
- Other information
14.1. Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.
14.2. You may not assign or transfer any of your rights under these Terms in whole or in part to any other person without Mobike’s prior written consent.
14.3. Mobike may assign or transfer these Terms in whole or in part, including to:
- a) a subsidiary or affiliate;
- b) an acquirer of Mobike’s equity, business or assets; or
- c) a successor by merger.
14.4. If there is a conflict between the English version and any translation of these terms and conditions, the English version shall apply.
14.5. Legal ineffectiveness of any part of these Terms does not affect the validity of the remainder of the Terms. Should a provision of the Terms be or become ineffective or unfeasible, the validity of the remainder of the Terms shall remain unaffected. In the event that a provision of these Terms is illegal, invalid or unenforceable for whatever reason, the parties shall replace that provision, or part thereof, with a provision that is legal, valid and enforceable and which has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, or part thereof.
For any queries or matters arising out of these Terms or for technical support contact Mobike through the Application or write to us at: email@example.com