(1) Go Bike bicycle share rack locations (“Locations”),
(2) Go Bike bicycles (“Bike” or “Bikes” or “Bicycle” or “Bicycles”), and
(3) all other related equipment, personnel, and information provided or made available by Go Bike. By using the Services you consent and agree to the terms and conditions below. Prior to entering into this agreement, you should CAREFULLY READ all terms and conditions. Go Bike expressly agrees to let, and the User rent the Bike subject to the terms and conditions of this agreement.
The parties therefore agree as follows:
1. PAYMENT AND FEES:
1.1. Fees: User may use the Bike on a pay per ride basis or as otherwise in accordance with the pricing described in the Go Bike App and website. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Go Bike. Go Bike will charge the User’s credit, debit card or other agreed payment methods the amount of the fees as described in this agreement.
1.2. Subscription and Auto-renewal
A. Subscription Term: Your subscription will commence as of the date Your payment for a subscription is received. Your subscription will continue in full force for the length of the term You specifically purchased or on a month-to-month term until such time as You cancel the subscription (“Subscription Term”).
B. Subscription Termination: In the event you cancel a subscription during a Subscription Term, you will not be entitled to receive a refund for the unused portion of the remainder of the Subscription Term. In order to cancel your Subscription please send to email@example.com.
C. Auto-renewal. Your subscription to the Services will automatically renew at the end of Your Subscription Term continuously and indefinitely without action by You unless You cancel prior to the expiration of the current Subscription Term. Fees will be charged to Your original payment method automatically at the beginning of Your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of Your current Subscription Term, unless You cancel Your subscription.
1.3. Caution fee: You are required to pay a refundable Caution fee of 2000 NGN upon the activation of Your account on the Go Bike App. The Caution fee will be deposited in Your e-Wallet and must be equal to 2000 NGN to unlock a bike at any point. The Caution fee will be refunded to the same credit or debit card the User used in effecting the deposit.
1.4. User’s Account: If you have prepaid your ride time and the remaining balance is less than your actual riding time, deduction of the overage would be from the caution fee. When your caution fee is below 2000 NGN, you are required to fund the e-Wallet with the difference to make up the 2000 NGN and be able to unlock bikes for subsequent rides.
1.5. Maximum Rental Time and Charges: The maximum rental time is 48 hours. User agrees that User will deactivate the Bike rental within 48 hours of time that rental of the Bike began. User may then rent again. User agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking the bike. The maximum daily charge is 500 NGN and is based on a calendar day. After the return of the Bike, the User will be charged the accumulated rental charges, or the maximum daily charge; whichever is less. Bikes not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and User may be charged up to 200,000 NGN and a police report may be filed. Go Bike may also charge a service fee of 500 NGN for rentals in excess of 24 hours where the Bike is not lost or stolen.
1.6. Valid Credit Card or Debit Card: User must input a valid credit or debit card number and expiration date before User will be registered to use the Service. User represents and warrants to Go Bike that User is authorized to use any cards User furnishes to Go Bike. User authorizes Go Bike to charge the card for all fees incurred by User. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Go Bike. If User disputes any charge on credit or debit card account, then User must contact Go Bike within 10 business days from the end of the month with the disputed charge, provide to Go Bike all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. User agrees to immediately inform Go Bike of all changes relating to the card.
1.7. Pick Up Fees: If You are unable to return a Bike to a valid area (i.e. You deactivate the Bike on private property or another unreachable area), and request that the bicycle be picked up by Go Bike staff, Go Bike, at its sole discretion, may choose to charge You a pickup fee up to 10,000 NGN. If any Bike accessed under Your account is abandoned without notice, you will be responsible for all Trip Fees until the Bike is recovered and deactivated, plus a service charge (currently 10,000 NGN) to recover the Bike. Fees are subject to change.
1.8. Promotional Codes: Discount promotional codes are only one-time offers and can only be redeemed via the Go Bike App. Go Bike reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
1.9. No Refunds: All fees relating to the User, including the fees as discussed above and other costs and fees as provided in this agreement and the Go Bike App are final and nonrefundable.
2. GENERAL RENTAL AND USE OF BICYCLE:
2.1. User is Sole User: Go Bike and the User are the only parties to this agreement. The User is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Bike from a Location, the Bicycle must be used only by You. You must not allow others to use a Bicycle that You have activated from a Location.
2.2. User is At Least 18 Years Old: User represents that User is at least 18 years old. Minors who are at least 13 years of age may use Go Bike Bicycle Share Service, but only if the Service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By authorizing use of the Service by a minor, the parent or legal guardian agrees she or he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service and
guarantees, represents, and warrants:
(i) the parent’s or legal guardian’s; and
(ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this agreement as a User.
2.3. Reserving Go Bike Bicycles: User may either reserve a Bicycle through a reservation on the Go Bike App (when applicable) or the Bike is available on a first-come-first-served basis. User shall make all reservations through the Website or the App in advance of their use and will be billed at the time of reservation. User may cancel or change an existing reservation through the Website or the App up until 10 minutes after the reservation was made.
2.4. User is a Competent Bicycle Operator: User represents and certifies that he or she is familiar with the operation of the Bicycle, and is reasonably competent and physically fit to ride the Bicycle. By choosing to ride a Bicycle, User assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining weather conditions, including snow, hail, ice or electrical storms, which make it dangerous to operate a Bicycle. You are advised to adjust Your riding behavior and braking distance to suit the weather and traffic conditions.
2.5. Bicycle is the Exclusive Property of Go Bike: User agrees that the Bicycle and any Go Bike equipment attached thereto, at all times, remain the exclusive property of Go Bike. You must not dismantle, write on, or otherwise modify, repair or deface a Bicycle, any part of a Bicycle, or other Go Bike equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You must not use a Bicycle, or other Go Bike equipment for any advertising or similar commercial purpose.
2.6. Bicycle Operating Hours and Bicycle Availability: User agrees and acknowledges that the Bicycle are available 24 hours a day, 7 days a week, 365 days per year, except in the case of events outlined in section 4.6. Bicycles must be rented within the maximum rental time limits set forth below. The number of Bicycles is limited and Bicycles availability is never guaranteed.
2.7. Go Bike Bicycles May be Used and or Operated only in the Designated Area: User agrees to only use, operate, and ride the Bicycle in the designated area on the Go Bike App (“Designated Area”). In the event User operates or uses the bike outside of the Designated Area, Go Bike may charge User a fee up to the replacement fee of the Bicycle. Furthermore, if the Bicycle is taken outside of the Designated Area, User will be continued to be charged for the rental of the Bicycle until the Bicycle is locked within the Designated Area.
2.8. User Must Follow Laws Regarding Use and Operation of Bike:
User agrees to follow all laws pertaining to the use, riding and operation of the Bike, including all state and local laws and the rules and regulations pertaining to bicycles in the area where you are operating the Bike, including without limitation any helmet laws.
2.9. Prohibited Acts: User agrees to the following:
A. You must lock the Bike at an existing bike rack or in a Go Bike designated parking area.
B. You must not ride a Bike while carrying any briefcase, backpack, bag, or other items if it impedes Your ability to operate the Bike safely.
C. You must not adhere the Bike to a bus, car, or any other form of mobile transportation.
D. While riding a Bike, you must not use any cellular telephone, text messaging device, portable music player, or other devices that may distract You from safely operating the bicycle.
E. You must not operate a Bike while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Bike.
F. You must not carry a second person on a Bike.
G. You may only use locking mechanisms provided by Go Bike. You may not add another lock to the Bike.
H. The Bike must be parked at a lawful parking spot, i.e. the Bike cannot be parked on private property or in a locked area or in any other non-public space.
2.10. Bike is Intended for Only Limited Types of Use: User agrees that he or she will not use the Bike for racing, mountain bike riding, stunt or trick riding. User agrees that he/she will not operate and/or use the Bike on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. User agrees that he/she will not use the Bike for hire or reward, nor use it in violation of any law, ordinance or regulation.
2.11. Weight and Cargo Limits: You must not exceed the maximum weight limit for the Bike (135 kg) or the cargo basket on the Bike (1.5 kg), and You must not otherwise use the cargo carrier improperly with regard to the type of contents or any visual obstruction or riding impediment. User acknowledges that the front cargo basket of the Bike is intended for light goods only, and that he or she will not carry people or animals anywhere on the bicycle.
2.12. No Tampering: You must not tamper with, attempt to gain unauthorized access using, or otherwise use the Bike or other Go Bike equipment other than for purposes of using a Bike pursuant to this agreement.
2.13. Reporting of Damage or Crashes: User must report any accident, crash, damage, personal injury, stolen or lost Bicycle, to Go Bike as soon as possible. If a crash involves personal injury, property damage, or a stolen Bicycle, User shall file a report with the local police department within 24 hours. User agrees that he or she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bicycle.
2.14. User Responsibility for Bicycle Use and Damage: User agrees to return the Bicycle to Go Bike in the same condition in which it was rented. User will not be responsible for normal wear and tear.
3. RELEASES, DISCLAIMERS, LIMITATION OF LIABILITY, ASSUMPTION OF RISK:
3.1. Releases: “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to
(a) any of the Services, including any of the Bikes, equipment or related information, or
(b) User’s use of any of the foregoing. “Released Persons” means, collectively Go Bike and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and
(ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for User being allowed to use any of the Services, Bikes, and other equipment or related information provided by Go Bike, User (acting for User and for all of User’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that User has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. User expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of Go Bike and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.
3.2. Disclaimers: YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, GO BIKE BICYCLES, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, GO BIKE BICYCLES, OR RELATED EQUIPMENT, GO BIKE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, GO BIKE BICYCLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). GO BIKE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, GO BIKE BICYCLES, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, GO BIKE BICYCLES, OR RELATED EQUIPMENT.
3.3. Limited Liability: USER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, GO BIKE AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO
(A) ANY RISK,
DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT,
(B) USER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BICYCLES, OR RELATED INFORMATION,
(C) USER’S BREACH OF THIS AGREEMENT OR USER’S VIOLATION OF ANY LAW,
(D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY USER,
(E) USER’S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BICYCLE, OR
(F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. USER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF GOBIKE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF GO BIKE AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF 10,000 NGN. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO USER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO USER, AND USER MIGHT HAVE ADDITIONAL RIGHTS.
3.4. Assumption of Risk by User: User is solely and fully responsible for the safe operation of the Bike at all times. User agrees that Bikes are machines that may malfunction, even if the Bike is properly maintained, and that such malfunction may cause injury. User agrees that riding a Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to User or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. User agrees that such risks, dangers, and hazards are User’s sole responsibility, including, but not limited to, choosing whether to wear a bicycle helmet as required by law or utilize other protective gear. User agrees that if User’s use of any of the Services causes any injury or damage to another person or property, then User may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, User assumes full and complete responsibility for all related risks, dangers, and hazards, and User agrees that Go Bike and all other Released Persons are not responsible for any injury, damage, or cost caused by User with respect to any person or property, including the Bike itself.
3.5. Indemnification: You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Bikes and any breach of the terms of this agreement.
4. Additional Terms of Service:
4.1. Safety Check: It is Your responsibility to verify the safe operation of any bicycle provided to or selected by You and to satisfy yourself that you are able to operate the Bicycle. Before each use of a Bike, User shall conduct a basic safety inspection of the bicycle, which includes inspecting the following:
(i) fit and flexibility of the handle bar;
(ii) adjustment of the Bicycle seat according to Your height;
(iii)optimum pressure in the tyres and tubes; (iv) ensure the Bicycle bell work;
(v) trueness of the wheels;
(vi) safe operation of all brakes and lights;
(vii) proper attachment of the seat, pedals, and basket;
(viii) good condition of the frame; and
(ix) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. User agrees not to ride the Bike if there are any noticeable issues, and to immediately notify customer service to alert Go Bike of any problems.
4.2. Lost or Stolen Bicycle: If a Bike is not returned within 48 consecutive hours, then the Bike is deemed lost or stolen and a police report may be filed with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Bike by a User. User must report Bike disappearance or theft to Go Bike immediately or as soon as possible.
4.3. Helmets/Safety: Go Bike recommends that all Users wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. User agrees that none of Go Bike and its Released Parties are liable for any injury suffered by User while using the Service, whether or not User is wearing a helmet at the time of injury. User may need to take additional safety measures or precautions not specifically addressed in this agreement.
4.4. Bicycle Routes: User agrees that Go Bike does not provide or maintain places to ride Bikes, and that Go Bike does not guarantee that there will always be a safe place to ride a Bike. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.
4.5. Limitations on Bike Rental: User agrees that Go Bike is not a common carrier. Alternative means of public and private transportation are available to the general public and to User individually, including public buses and rail service, taxis, and pedestrian paths. Go Bike provides Bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bicycle on their own and who have agreed to all terms and conditions of this agreement.
4.6. Limitations on Availability of Service: Go Bike makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent Go Bike from providing the Service. Access to the Service is also conditioned on the availability of Bikes. Go Bike does not represent or warrant the availability of any Service or the availability of any Bike at any time. User agrees that Go Bike may require User to return a Bike at any time.
5. Term and Termination:
5.1. Term: The term of this agreement begins when User first uses the Service, and the term ends 10 years after User’s last use of the Service; provided, however, that User’s personal financial responsibility under this agreement expires one year after the User’s last use of the Service.
5.2. Termination by Go Bike: At any time and from time to time, and without User’s consent, Go Bike may unilaterally terminate User’s right to use the Service, in Go Bike’s sole discretion and without any notice or cause. User may terminate User’s use of the Service at any time; provided, however, that
(i) refund is only limited to the caution fee which will be paid into the same credit or debit card the User used in paying the Caution fee,
(ii) the term of this agreement continues in accordance with this agreement,
(iii) User may still be charged any applicable additional fees in accordance with this agreement. This agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of User’s right to use any of the Service, regardless of how the agreement is terminated.
(iii) Go Bike may disclose aggregate and other data about Users in accordance with applicable law, including, without limitation, general latitude and longitude data for User addresses (provided this would not allow any individual’s address to be separately identified).
7. License to Image and Likeness: For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Go Bike and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Go Bike and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Go Bike may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
8. Notice: Go Bike may be contacted by emailing firstname.lastname@example.org.
9. Choice of Law/Dispute Resolution: This agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Indiana, excluding principles of conflicts of laws.
For every dispute regarding this agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of Nigeria and the State of Delaware and agrees that those courts have personal jurisdiction over each party. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
10. Waiver and Severability: No waiver of any breach of any provision of this agreement is a waiver of any other breach or of any other provision of this agreement. The provisions of this agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. Cumulative Remedies: All rights and remedies granted under or referred to in this agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
12. Final Agreement: Modification by Go Bike. This agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without User’s consent, Go Bike may unilaterally amend, modify, or change this agreement, in its sole discretion and without any notice or cause. By continuing to use any Service after any amendment, modification, or change, User has agreed to be bound by all such amendments, modifications, and changes. User must carefully review this agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this agreement, Go Bike will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this agreement.
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