DEFINITIONS
The Newcastle Electric Bike Share On Demand Public Transport Pilot (the “Service”) is comprised of self-serve electronic bicycle rental system which includes:
  • Integrated docking and recharging stations (“Station/s”, “Bike Station/s”, “Docking Station/s”);
  • Electric bicycles which form part of the Service (“Bicycle/s”, “Bike/s”, “Electric Bike/s”, “E-Bike/s”);
  • Bicycle Docking Terminals which allow the Bicycles to be securely locked and charged (“Dock/s”, “Bicycle Dock/s”, “Docking Point/s”, “Docking Terminal/s”)
  • Bicycle Locks and Keys which allow the Bicycles to be securely docked when they are not docked at the Station(“Lock/s”, “Bike Locks”, “Lock/s and Key/s”)
  • Bicycle Helmets that comply with relevant and current Australian safety standards (presently AS/NZS 2008) (“Helmet/s”)
  • Mobility Park software licence (“Software”, “Mobility Park”
  • Website app.bykko.com.au (“Website”)
Your use of the Service is subject to these Terms and Conditions (“Terms”). The Terms are governed by the laws of New South Wales. BYKKO may update the Terms without notice by providing the latest version of the Terms on this Website. By using the Website, you are expressly consenting to the Terms in effect at the time of use.
A reference to the Website in the Terms is a reference to all of the content featured or displayed on the Website, including but not limited to text, pricing, graphics, photographs, images, moving images, sound, illustrations, data, files, other information and software.
BYKKO does not warrant or guarantee that the content and functionality on the Website will be complete or suitable for your specific purposes, error free, current at all times, or that the Website will always be available for use.
A range of factors may affect the accuracy, completeness, suitability, timeliness and availability of the information on the Website including but not limited to breakdowns, congestion, weather conditions, maintenance, scheduled and unscheduled downtime


ACCEPTANCE
By accessing and/or using the Service, you have accepted the terms and conditions in their entirety and a contractual relationship is formed between you and BYKKO. You are responsible for your compliance with these terms and conditions (including any updated versions).
Throughout these Terms and Conditions, a reference to “You” means the individual who is subscribing or has subscribed to the Service in accordance with these Terms and Conditions.
In CONSIDERATION of being permitted to use the Service and to participate in the Newcastle Electric Bike Share On Demand Public Transport Service, YOU ACKNOWLEDGE, agree, and represent that YOU are 18 Years of age or older, you understand the nature of Bicycling Activities and that YOU are qualified, in good health, medically and physically fit to ride a bicycle and YOU further acknowledge that biking will be conducted over public roads and also facilities open to the public and upon which the hazards of traveling are to be expected.
Please be aware that you must:
  • wear a helmet;
  • be 18 years or over and fit to ride a bike; persons aged between 15-18 years can access the Service as (“Permitted Minors”), provided that the Service is subscribed for by or under the responsibility of their Legal Guardian. Access is denied to any person aged less than 15 years;
  • check your Bike before you ride it – if there are any defects, don’t take it out - lock it back in and take another;
  • pay for use in excess of the allocated free usage if any;
  • not keep a Bike out for more than 24 hours (after 24 hours we will treat the Bike as lost or stolen and debit your account accordingly);
  • lock your Bike if you leave it unattended anywhere except ‘locked in’ (with a green light showing) at our Bike Station - you will be liable if your Bike is stolen;
  • return your Bike by locking it at a Bike Station – if you don’t lock it in, time charges will accrue;
  • if you leave the bicycle unattended at any time for any reason, you are responsible for securing the bicycle using the Lock and Key provided by us to protect against theft of the bicycle;
  • not use a Bike in heavy rain, fog, high wind or lightning storms;
  • not use a Bike if you are unwell or are:
    • on medication; or
    • have consumed alcohol; or
    • have consumed other intoxicating substances;
    • obey NSW Road Rules and safety guidelines
By subscribing to the Service YOU acknowledge that YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, AND YOU ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS TO THIS AGREEMENT.


ON DEMAND PUBLIC TRANSPORT PRIVACY STATEMENT
Personal information (information or an opinion about customers), collected from customers, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by BYKKO may be disclosed to Transport for New South Wales (TfNSW).
TfNSW may disclose such Personal Information to other Australian government agencies. These government agencies may use Personal Information for any purpose relating to the exercise of their government functions. Such Personal Information may also be disclosed to other third parties if required by law.
TfNSW may also use customers contact details to conduct surveys relating to the provision of the service provided by BYKKO.
By using these services provided by BYKKO, You consent to the collection, use and disclosure of your Personal Information in the manner outlined above.


MEMBERSHIP ACCOUNT
Before You can use the Service, You must create a Membership account (“Account”) through the Website. To create an Account, You must complete a registration form through Website. You must provide the correct phone number so you can access the bike using your Smartphone. You can access Your history of using the Service by logging into Your Account on the Website.
You represent and warrant that the information you provide to the Operator upon use of the Service and at all other times will be true, accurate, current, and complete.
When You subscribe to the Service, You must have a credit or debit card (Visa or MasterCard), a bank account or the wherewithal to deposit funds in an account designated by Us to purchase a Membership and create an Account.
Membership Fees and all other applicable fees are as per the attached schedule and listed on the Website and are subject to applicable goods and services taxes (GST) and other local government charges, which may be charged and collected by Us. Your Membership will not be automatically renewed at the expiry of Membership You subscribed for. If You wish to continue renewal of Your Membership, You may do so through your Account.
You must input a valid credit card or debit number and expiration date, or required bank account details when You create Your Account. You represent and warrant that You are authorised to use the credit or debit card or bank account associated with Your Account. You hereby authorise Us to charge such credit or debit card or bank account for all expenses incurred on Your Account.
In the event that the expenses incurred on Your account are not paid in full, You authorise Us to take any necessary actions, including legal actions, to recover monies owed to Us. You will be responsible for all our costs of collection, including reasonable legal fees, if you do not pay amounts owed hereunder when due.
If You dispute any charge on Your Account, then You must contact Us within ten days of receiving Your statement containing the disputed charge. You have an ongoing duty to keep an authorised credit or debit card or bank account on file with Us during Your Membership period and to update all changes relating to Your credit or debit card or bank account through the Website.
All denials of a transaction by Your bank, all holds, and all other similar issues are the Your sole responsibility and should be dealt with between You and Your bank.


FARES AND CHARGES
Fares for the Services are displayed on the BYKKO website. Fares are determined by TfNSW and may be changed from time to time – current pricing will be available on the BYKKO website prior to a Service commencing. Unless otherwise stated, fares are inclusive of all taxes.
Our Pay-As-You-Go plan requires a pre-authorisation amount of $50. Pre-authorisation allows us to reserve funds on the cardholder’s card without taking the funds. We will remove the reservation of funds as soon as the bike is returned to a docking station. The funds are returned to your card after your bank's predetermined period automatically. We have no control whatsoever over each bank’s predetermined period. If the bike is not returned within 24 hours, we have the right to retain the $50 fee.
Weekly, Monthly and Concession (Monthly) memberships do not require a pre-authorisation deposit as the subscription at registration acts as a deposit itself. Where available, if You are entitled to a Concession monthly membership, evidence of Your valid concession entitlement must be sent to BYKKO within 7 (seven) days from registration. If You fail to provide a valid concession entitlement BYKKO reserve the right to either (a) charge a full fare or (b) cancel the account at BYKKO’s discretion.
Accepted concession entitlements can be found on the TfNSW website: https://transportnsw.info/tickets-opal/ticket-eligibility-concessions.
Our memberships are automatically renewed at the end of their period. That’s your weekly membership renews after 7 days, and your monthly or concession membership renews after 30 days since registration. If you would like to upgrade, change or cancel your membership, simply head over to your account to make any changes.


PAYMENT SECURITY
Security compliance matters to Our customers. We do not store raw magnetic stripe, card validation code or PIN block data. All payments are securely processed using eWay or PayPal.
Both our payment gateway providers, eWay and PayPal secure all Our customer and credit-card data with military-grade software and servers, and the highest level of encryption available. eWAY and PayPal are tier-one PCI DSS compliant— which is the highest level of compliance available and is the same levels of data security of the biggest banks in the world.
PCI DSS (Payment Card Industry Data Security Standards) is a set of comprehensive requirements all businesses that handle credit and debit payments must comply with, regardless of the size or number of transactions they process. The requirements for maintaining PCI compliance include completion of an annual PCI self-assessment questionnaire and a quarterly network scan.


RENTAL PERIOD
You understand and agree that the purpose of the Service is to provide short-term access to Bicycles. The rental period of any one Bicycle shall be limited to a period within the operating hours designated by Us on the Website, such period beginning when You unlock such Bicycle and ending when such Bicycle is locked and returned to one of the Bicycle Docks at the Bicycle Station (“Rental Period”).
It is Your responsibility to make sure that the Bicycle is secured in the Bicycle Dock at the Bike Station. If the signal light on top of the Bicycle Dock is GREEN, the Bicycle has been securely locked and returned. If the signal is RED, the Bicycle is not securely locked and returned, and You must try again to lock the Bicycle. If after several unsuccessful attempts to securely lock the Bicycle, You must contact Us using the details on the Website for assistance. Any Bicycle that is not properly locked and secured in the Bicycle Dock shall be considered not returned and remains the sole responsibility of the Member who rented such Bicycle, and the Hourly Rate fees indicated herein and on the Website will be charged until the Bicycle is properly locked and returned.


RENTAL, BOOKING, UNLOCKING AND LOCKING BICYCLE
You agree that all Bicycle rentals are subject to the terms and conditions of this agreement.
You must use your Smartphone to log in into your Account to rent a Bicycle. The software will generate an unique PIN to unlock the Bicycle/s. You must enter your PIN into the keypad at the station. If you are a frequent user and possess a Membership Card, you only need to tap your card at a station with available bikes in order to hire an e-bike. You will hear a beep and see a light green so you can release the bike. You will have 15 seconds to unlock the Bicycle.
Bookings: You can book a bike up to 15 minutes before you arrive at the station. Simply select a bike at your chosen station, press the Book button and your bike will be ready for you to collect it within 15 minutes.
If You leave a Bicycle unattended at any time for any reason, You are responsible for securing the Bicycle using the Lock and Key provided by Us to protect against theft of the Bicycle. You hereby agree to ensure that the Lock and Key are securely attached to the bike front carrier. You shall not leave any Bicycle unattended or unsecured at any location at any time for any amount of time for any reason.
Do not use the Bike Lock at a Bike Station; the bike lock is for use when the Bike is to be secured at another location. You must return the Lock and Key with your bike. Return your bike by securely locking it at any available dock at one of the Docking Stations. To securely lock the bike, align your bike squarely in front of the dock. Push the bike firmly into the locking dock. The bike is considered returned and locked when the top light on the dock will turn green.


DAMAGED, LOST, OR STOLEN BICYCLE
You shall immediately report any lost or stolen Bicycle to Us following such event and you shall report any such loss or theft to the local police department within 24 hours of such loss or theft. If You promptly report a lost or stolen Bicycle to Us, file a police report with respect to such loss or theft, and forward Us a copy of such police report within five business days of filing such police report, then We may, in Our sole discretion, waive Our right to charge You fees for a lost or stolen Bicycle. Any use of a Bicycle exceeding the Rental Period with 24 hours shall be deemed a loss or theft of such Bicycle unless and until such Bicycle is found and/or returned to the Bicycle Station.
If a Bicycle You rent is damaged, lost, or stolen during the Rental Period, then the credit or debit card or bank account associated with Your Account will be charged at our sole discretion up to $2,000 per damaged, lost or stolen Bicycle.
Prior to charging Your credit or debit card or bank account for a damaged, lost or stolen Bicycle, We will attempt to locate the Bicycle and will attempt to contact You, using the contact information You provided in Your Account. If a lost or stolen Bicycle is returned to Us within 30 days of charging You, then any fees charged for a lost or stolen Bicycle will be promptly refunded; provided, however, that We may retain a portion of the such fees to compensate Us for reasonable and necessary costs included but not limited to transport and repairs to such Bicycle if such Bicycle is not returned to Us in good and working condition.


STATE OF GOOD REPAIR
We will make every effort to provides Bicycles that are usable and in a state of general good repair. Before using a Bicycle, You shall inspect such Bicycle for defects and report to Us any such defect. You shall check the battery level displayed on the station. If You notice a Bicycle with a defect or low level battery voltage, You must use a different Bicycle.


AVAILABILITY OF SERVICE
We will make every effort to provide the Service, the Bicycles and the Helmets but We do not guarantee that the Service will be available at all times, as use of Bicycles and Helmets by other Members, repairs, force majeure events, or other circumstances might prevent Us from providing the Service. Access to Bicycles is conditioned upon the availability of Bicycles and Helmets at the Station. We do not guarantee, represent, or warrant the availability of the Service or the availability of any Bicycle and Helmet in any Station. Members should use the Website to check the inventory of Bicycles available and check the Helmet’s availability at the station.


HOURS OF OPERATION
The Newcastle Electric Bike Share On demand Public Transport Service will operate from 21 May 2018 for 6 months with the potential of three x 6 months extensions. The hours of operation are 24 hours per day, 7 days per week, except the scheduled maintenance services.


NOTICES/COMMUNICATIONS
BYKKO can be contacted directly through the following avenues: Email:
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Business hours: 7:00am - 7:00pm, Monday-Friday
Address: Shop 3, 810 Hunter Street, Newcastle West, NSW 2302
BYKKO will send notices to Users both by email and text message. It is the Users responsibility to ensure the contact information linked to their Account is both valid and regularly monitored.
Users can unsubscribe from notices at any time through the website. A User acknowledges that unsubscribing from notices may affect a User’s ability to use the Website and/or the Services and under no circumstances will BYKKO be liable for a failure of the Website or the Services due to the same.


PRIVACY, CONFIDENTIALITY AND USE OF PERSONAL INFORMATION
Users of the Website are entitled to expect that any information gathered while using the Website will be treated within the terms of the New South Wales government's privacy responsibilities and obligations. The New South Wales government's privacy practices are regulated by the Privacy and Personal Information Protection Act1998 (NSW) (PPIPA) and Health Records and Information Privacy Act 2002 (NSW) (HRIPA). This Privacy Statement sets out how BYKKO collects, uses, discloses and stores information collected through your use of the Website, which may include personal information and health information, and how individuals may access and correct personal information that we may hold. BYKKO will only collect, use and disclose this information in accordance with PPIPA, HRIPA and any other applicable laws. Use of Website may require individuals to disclose personal information when creating their user profile. The website will also collect information about the Users use of the Services, including trips booked, trip information and payments made. Personal Information received by BYKKO will be treated in accordance with our privacy policy, located on our website. Users are responsible for any Personal Information they disclose to third parties through their use of the application In addition, the Personal Information of a User may be provided to third parties, such as TfNSW and BYKKO insurers and external legal advisors, in the event of a claim or accident.


ASSUMPTION OF RISK
YOU are solely and fully responsible for safely operating a Bicycle at all times. YOU agree that Bicycles are machines that may malfunction, even if a Bicycle is properly maintained, and that such malfunction may cause injury or damage. YOU understand that using a Bicycle can be dangerous and involves inherent risks, including risks of property damage, physical injury, or death (collectively, “Risks”) of YOU or others. YOU hereby freely and voluntarily assume all Risks, including the Risks of using a Bicycle with any defects. YOU understand that wearing a helmet and other safety equipment does not eliminate the Risks but that under certain circumstances using a helmet and other safety equipment may reduce the risk of injury or death. YOU agree that if YOUR use of the Service and/or a Bicycle, or use by others of a Bicycle rented by YOU, causes any injury or damage to another person or property, then YOU may be liable for all resulting injuries, damages, and related costs. By choosing to participate in the program, YOU assume full and complete responsibility for all related risks, dangers, and hazards, and YOU agree that We and all other RELEASED PARTY (defined below) are not responsible for any injury, damage, or cost caused by YOU with respect to any person or property (including the Bicycle itself) including as a result of any act, omission or negligence to the extent permitted by law.
The Service, Bicycles, Helmets, Docks, Stations or related information and website are provided “as is” and “as available”. We and all other released parties do not represent or warrant that the Service, Bicycles, Docks, Helmets, or related information and website will be in good repair or error-free, and delays, omissions, interruptions, or inaccuracies could exist. You assume full responsibility and risk of loss for using the Service, Bicycles, Helmets, Docks, Stations or related information and website and We and all other released parties are not liable for any claim attributable to any of the foregoing.


RELEASE
In consideration for Your participation in the Program, You, for and on behalf of You and Your heirs, administrators, executors, successors and assigns (“Releasors”), agree to, and hereby do, release, waive, and discharge all Claims (defined below) which may arise against Us, BYKKO Pty Ltd, Transport for NSW, City of Newcastle and associated parties, all officers, directors, managers, shareholders, members, owners, employees, partners, suppliers, vendors, sponsors, advertisers, insurers and agents of each of the foregoing, owners and lessors of other premises on which the Service takes place and the successors, assigns, and heirs of each of the foregoing (each considered one of the "RELEASED PARTY" herein), from all Claims, direct or indirect, arising out of or related to the Service, Bicycles, Helmets, Docks, Stations or related information and website, or Your use of the Service, Bicycles, Helmets, Docks, Stations or related information and website, including Claims based on any Released Party’s alleged or actual negligence, breach of this agreement, or breach of any express or implied warranty (collectively, the “Released Claims”), and do hereby covenant not to sue the Released Parties for the Released Claims. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action including statutory, contract, negligence, 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, un-asserted, fixed, conditional, or contingent).
Minor Release (Participants under the age of 18)
AND YOU, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN UNDERSTAND THE NATURE OF BICYCLING ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH AND PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. YOU HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH RELEASED PARTY FROM ALL NEGLIGENCE OF THE RELEASED PARTY OR OTHERWISE, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, YOU, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTY NAMED ABOVE, YOU WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTY from any litigation expenses, attorney fees, loss, liability, damage, or cost which may occur as the result of such claim.


INDEMNIFICATION
Releasors shall indemnify the Released Parties, and will hold harmless the Released Parties against any Claim which the Released Parties may incur in connection with the Service, Bicycles, or related information, or assertion of a Released Claim by Releasors, or third parties in connection with Your use of the Service, Bicycles, or related information.


LIMITATION ON LIABILITY
You do hereby acknowledge ad agree that, except as may otherwise be limited by the laws of NSW or the Commonwealth of Australia, We, TFNSW and all other released parties, are not responsible or liable for any claim, including those arising out of or relating to:
  1. Any risk, danger, or hazard described in this agreement
  2. Your use of, or inability to use, the Service, Bicycles, Helmets, Docks, Stations or related information and website
  3. Your breach of agreement or your violation of any law/li>
  4. Any negligence, misconduct, or other action or inaction by You
  5. Your failure to wear a helmet while using a Bicycle, or
  6. Any negligence, misconduct, or other action or inaction of any third party
You do hereby waive all claims with the respect of the foregoing, including those based in agreement, tort (including negligence), statutory, or other grounds, even if we or any of the other released parties has been advised of the possibility of such claims.


MODIFICATIONS TO AGREEMENT
We reserve the right to unilaterally amend, modify, or change this agreement (each a “Modification”), at any time and from time to time, in Our sole discretion, without Your consent. By continuing to use the Service after any Modification, You agree to be bound by all such Modifications. Whenever a Modification is made to this agreement, We will post a notification of such Modification on bykko.com.au (“Website”). You must carefully review this agreement on the Website from time to time in order to maintain awareness of all Modifications.


TERMINATION OF AGREEMENT
This agreement is effective when You pay Your Membership Fee and automatically renews upon expiry of the Membership plan chosen by You unless earlier terminated in accordance with this agreement; provided, however, that Your payment obligations shall survive any termination. At any time and from time to time, and without Your consent, We may unilaterally terminate Your right to use the Service, in Our sole discretion and without any notice or cause. If We terminate this agreement without notice or cause, then You will be entitled to a pro rata refund of Your Membership Fee (defined below) for the Membership period in effect as of the date of such termination. If You terminate this agreement, then You will not be entitled to any refund.


GOVERNING LAW
This agreement is governed by the laws, and subject to the exclusive jurisdiction, of New South Wales.