Terms and Conditions
BYKKO BIKE SHARE AGREEMENT & WAIVER OF LIABILITY, INDEMNITY AND VOLUNTARY ASSUMPTION OF RISK ("Waiver")
The BYKKO BIKE SHARE SYSTEM (the “Service”) is comprised of self-serve bicycle rental system which includes:
- an integrated docking and recharging station (“Station's”);
- the bicycles which form part of the Service (“Bicycle's”, “Bike's”, “Electric Bike's”, “E-Bike's”));
- bicycle locks which allow the Bicycles to be securely docked when they are not docked at the Station(“Lock's”);
- bicycle helmets that comply with relevant and current Australian safety standards (presently AS/NZS 2008) (“Helmet's”);
- self-serve hire system and information
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.
YOU acknowledge that this is a free recreational service for the purposes of the Competition and Consumer Act 2011 (as amended from time to time). YOU agree that the terms and rights which may be implied into a contract for the supply of goods or services for your benefit pursuant to the Competition and Consumer Act 2011 and any liability of the RELEASED PARTY (defined below) for death or personal injury flowing from them, are expressly excluded, restricted or modified by this declaration and this agreement.
YOU understand photographic images and video footage may be taken by BYKKO of your participation in the Trial. YOU understand these images will forever become the property of BYKKO, without monetary or other liability to YOU, and that BYKKO may choose to distribute and make these images available to the public domain via (but not limited to) Facebook, the BYKKO website, the City of Newcastle website and the Rethink Financial Group website to use across their corporate websites and social media. BYKKO may also use these images for general promotion of its activities.
In addition, BYKKO may select certain individuals during the Trial, with the individuals’ consent, for further content capture in the months following the launch. The purpose of this content is to track and share the impact of the Trial with the public. The participant will be asked to consent to BYKKO making contact in the months following the launch to capture images, audio and video content or statements. If the participant is selected for further content capture, the participant acknowledges the terms above in regard to ownership of content.
MEMBERSHIP ACCOUNTBefore 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.
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.
The participants in the Trial will receive a 3-month FREE membership. As a participant, YOU AGREE to promptly return the hired bicycle back to the BYKKO Bike Station at 1 Dick Street, Newcastle West within the 90 minutes time frame allocated for free rental or YOU will incur additional late fees charged at $2.00 per hour, charged in hourly rates. You may not use the Service until Your credit or debit card or other method of payment You make clears.
General Public 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 be automatically renewed and the Membership Fee will be deducted at the expiry of Membership You subscribed for. If You wish to discontinue automatic renewal of Your Membership, You may do so through the Website.
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 a Member's bank, all holds, and all other similar issues are the Member's sole responsibility and should be dealt with between the Member and such Member’s bank.
RENTAL PERIODYou 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 (“Rental Period”), unless You have made prior arrangements with Us.
It is Your responsibility to make sure that the Bicycle is secured to the Bike Station. If the signal light on top of the station beam 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 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.
For the Trial, the FREE Rental Period is 90 Minutes starting when you check out the bike from the station. If You do not properly lock and return the Bicycle within 90 minutes, then the credit or debit card or bank account associated with Your Account will be charged additional late fees charged at $2.00 per hour, charged in HOURLY rates.
RENTALS, RESERVATIONS, UNLOCKING AND LOCKING BICYCLEYou agree that all Bicycle rentals are subject to the terms and conditions of this agreement. You must use the Website to log in into your Account to rent a Bicycle. You must press the “Grab a Bike” button. The software will generate an unique PIN to unlock the Bicycle. You must enter your PIN into the keypad at the station. You will hear a “Bip” and see a light green so you can release the bike. You will have 30 seconds to remove the Bicycle.
If You leave a Bicycle unattended at any time for any reason, You are responsible for securing the Bicycle using the Lock provided by Us to protect against theft of the Bicycle. You hereby agree to ensure that the Lock is securely attached to a bike rack. You shall not leave any Bicycle unattended or unsecured at any location at any time for any amount of time for any reason.
DAMAGED, LOST, OR STOLEN BICYCLEYou 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 Bykko 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 $4,000 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 REPAIRWe 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 SERVICEWe will make every effort to provide the Service, but We do not guarantee that the Service will be available at all times, as use of Bicycles 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 at the Station. We do not guarantee, represent, or warrant the availability of the Service or the availability of any Bicycle in any Station. Members should use the Website to check the inventory of Bicycles available. You agree that We may require You to return a Bicycle at the station.
SECURE PAYMENTSAll payments are securely processed using eWay. We never store raw magnetic stripe, card validation code or PIN block data.
PRIVACY, CONFIDENTIALITY AND USE OF PERSONAL INFORMATIONWe will take all reasonable measures to ensure that any of your personal information is dealt with in conformity with the National Privacy Principles (“NPP”) contained within the Privacy Amendment (Private Sector) Act 2000 and is protected against unauthorised access, unauthorised use, modification or unauthorised disclosure; and
We will ensure that any person who has access to any personal information held by it is reasonable aware of the NPPs, and any other obligations referred to in this clause.