BIKI RIDER RELEASE: USER AGREEMENT,
LIABILITY WAIVER AND RELEASE, VERSION 1.2

 

USER IS ADVISED TO REVIEW THIS DOCUMENT CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT AS IT IS A BINDING LEGAL AGREEMENT.

 

THIS BIKI USER AGREEMENT, LIABILITY WAIVER AND RELEASE (this “Agreement”) is made by and between the participant executing this Agreement (“You” or “User”), Bikeshare Hawaii (“BSH”) and Secure Bike Share Hawaii LLC (“SBSH”) as of the date User first participates in the Program (defined below) or uses any of the Program Equipment (defined below).  By participating in the Program and using the Program Equipment, User hereby agrees to the terms and conditions of this Agreement.

 

RECITALS

 

  1. Biki is a self-service bicycle rental system within the City and County of Honolulu, Hawaii (the “Program”) managed by SBSH.

 

  1. Bikesharing Stations (each, a “Station” or “Biki Stop” and collectively, the “Stations”) are or will be located at various locations in the City and County of Honolulu, and such Stations will park bicycles available for check out (each, a “Bicycle” and collectively, the “Bicycles”) in accordance with the terms and conditions of this Agreement. The Stations and Bicycles, and any other items or equipment associated therewith, are collectively referred to herein as the “Program Equipment”.

 

  1. User intends to participate in the Program and use the Program Equipment and, therefore, agrees to the terms and conditions of this Agreement, with the understanding that User’s acceptance and agreement of the terms and conditions of this Agreement is a material requirement and condition precedent to User’s participation in the Program and use of the Program Equipment. BSH and SBSH reserve the right to refuse service to any User or potential User.

 

AGREEMENT

 

  1. Acceptance of Agreement; Parties. By acknowledging or accepting the terms and conditions of this Agreement, whether by electronic means or otherwise, User agrees to all of the terms and conditions contained herein.  Except as provided in this Agreement, User expressly agrees to use a Bicycle subject to the terms and conditions of this Agreement.  User is the sole lessee of a Bicycle and is solely responsible for compliance with all terms and conditions contained herein.

 

  1. User is 18 or Older and a Competent Bicycle Rider. User hereby swears, affirms and represents that he or she is 18 years old or older, or User is the parent or legal guardian of a rider who is at least 16 years old.  For purposes of this Agreement, if User is the parent or legal guardian of a rider who is at least 16 years old, User agrees that (i) the terms and conditions of this Agreement shall govern use of a Bicycle by such rider; (ii) User shall be responsible for such rider’s compliance with the terms of this Agreement and any applicable rules, regulations and laws with respect to rider’s use of the Bicycle; (iii) and the term “User” as used herein shall mean such rider together with the parent or legal guardian of such rider.  User further swears, affirms and represents that User is a competent bicycle operator; that User is physically fit to ride a Bicycle and also that User is familiar with the operation of a Bicycle and is reasonably competent to ride a Bicycle.  If User intentionally or unintentionally misrepresents User’s age or ability to operate a Bicycle, User accepts full responsibility and is liable for any consequence, 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 any such intentional or unintentional misrepresentation.

 

  1. Multiple Riders.  For purposes of this Agreement, if User permits any third party to use the Program Equipment where User unlocks Bicycle for any such third party, User agrees that (i) the terms and conditions of this Agreement shall govern use of a Bicycle by such third party rider; (ii) User shall be responsible for such third party rider’s compliance with the terms of this Agreement and any applicable rules, regulations and laws with respect to rider’s use of the Bicycle; (iii) and the term “User” as used herein shall mean both the User and the third party rider.  User further swears, affirms and represents that each of User and any such third party rider is a competent bicycle operator; that each of User and such third party rider is physically fit to ride a Bicycle and also that each of User and such third party rider is familiar with the operation of a Bicycle and is reasonably competent to ride a Bicycle.

 

  1. Changes to Terms. SBSH may modify this Agreement from time to time, and such modification will be effective upon its posting at the Stations or on gobiki.org (the “Website”).  User agrees to be bound by any modification to this Agreement when using the Program Equipment or gobiki.org after any such modification is posted; it is therefore important that User reviews this Agreement regularly.

 

  1. Bicycle Check Out. Provided that User fully complies with the terms and conditions of this Agreement and pays the fees described herein, User shall have the right to use a Bicycle for the allotted check out period.

 

  1. Program Equipment; Use of Bicycles. User agrees that the Program Equipment, including the Stations and Bicycles, are the property of SBSH, BSH, and/or the City and County of Honolulu and User’s right to use the Program Equipment arises solely from the terms and conditions of this Agreement.  User shall not modify, alter, deface or intentionally damage the Program Equipment and shall not use the Program Equipment for any illegal, reckless or grossly negligent purpose or a purpose for which such equipment is not intended.  User will not use the Bicycle in violation of any law, ordinance or regulation.  User shall never use or operate a Bicycle while under the influence of alcohol or drugs.  User agrees that the front basket of the Bicycle is intended to carry light goods only, and that User shall not attempt to carry additional people, including infants or children, or animals on the Bicycle including in the basket. It is strongly recommended that User wear a safe and appropriate helmet when operating a Bicycle.  User shall also fully comply with the Program Rules and Regulations attached hereto as Exhibit A, as amended from time to time (the “Rules and Regulations”).

 

  1. Accidents; Damage; Stolen or Lost Bicycles. User agrees to immediately report to SBSH and the police any accident involving a Bicycle.  User agrees to pay for any damage, including replacement parts, and/or destruction or loss of the Bicycle (even if caused by someone else) while the Bicycle is checked out to User. User will ensure that the Bicycle is always locked and secured when unattended. All repairs needed as a result of any such loss, destruction or damage, will be performed at prevailing labor rates.  In the event the Bicycle is lost, destroyed or damaged beyond repair, regardless of fault or cause, User agrees to pay SBSH the full replacement value of the equipment. If the Bicycle is not returned within 24 hours, the Bicycle will be considered stolen or lost, and User will be charged the current fee for replacement of a lost, stolen, unreturned or totaled Bicycle, as specified in the “Plan and Fee Schedule” attached hereto as Exhibit C.  User expressly agrees that such amount is a reasonable fee for each stolen or lost Bicycle while Bicycle is checked out to User. User understands and 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, whether or not the fault of User.

 

  1. Return of Bicycle. User agrees to return the Bicycle to a Station in the same condition received, ordinary wear and tear expected.  User must secure the Bicycle to the Station dock, in accordance with any posted guidelines or rules.

 

  1. Bicycle Fees; Pass Fees and Overtime Fees. For the check out or use of a Bicycle, User is required to pay SBSH the applicable fees (“Fees”) as set forth in Exhibit C. The Fees include a “Plan Price” and “Overtime Fees”. User understands that the Plan Price will be charged to the User’s credit card at the time of sign-up. Overtime Fees, incurred only for usage exceeding the time period established in the plan, will be charged at the timing specified in Exhibit C and posted on gobiki.org, as the same may be revised or updated from time to time at the discretion of SBSH. SBSH Fee Policies and Procedures are described on Exhibit Battached hereto and User shall comply with such Policies and Procedures, as the same may be updated from time to time by SBSH. Upon check out of a Bicycle, User will access their Plan, purchased at the Station, gobiki.org or Biki App or pay the first 30 minutes of the Single Ride fee. Upon return of the Bicycle into the docking mechanism, User may have accumulated Overtime Fees. If the Bicycle is not returned within 24 hours, the Bicycle will be considered stolen or lost, and User will be liable for all Plan Prices and Overtime Fees incurred while the Bicycle was checked out to User. SBSH reserves the right to collect the security deposit hold if the overtime fee cannot be processed.

 

  1. Maximum Check Out Period, Operating Hours and Bicycle Availability.  User agrees and acknowledges that the check out of a Bicycle is subject to the Program’s operating hours, seasonal closures, minimum and maximum check out periods and other limitations as determined by SBSH, in its sole discretion.  Bicycles are limited and Stations may not have available Bicycles for check out at all times.  Bicycles are intended to be used for short, point-to-point transportation or short recreational rides. The maximum check out time before a Bicycle is considered lost or stolen is 24 hours.  User agrees to return the Bicycle to a designated Station within no more than 24 hours from the time the check out began. User is solely responsible for being aware of any elapsed time related to timely return.

 

  1. Credit Card Authorization. User shall provide a credit or signature debit card before using any Program Equipment, and agrees that such credit or signature debit card will be charged any Fees or other amounts owed hereunder including, without limitation, any amounts for damage to, or replacement of, a Bicycle.  A security deposit hold may be placed on User’s Credit Card for each Bicycle rented.  The security deposit amount is specified in “Plan and Fee Schedule”. The amount of the security deposit may remain on User’s credit card account for an amount of time to be determined by User’s bank's policies regarding holds. User represents and warrants that User is authorized to use the credit or signature debit card or credit or signature debit card number provided to SBSH and hereby authorizes SBSH to charge such credit or signature debit card any amounts owed hereunder.  User understands that the transaction may incur overdraft fees, foreign transactions fees or any other fees that are subject to the card issuer’s policy, and User accepts that these additional fees are his or her responsibility. If User disputes any charge to his or her credit or signature debit card, User must contact SBSH within ten (10) days after receipt by User of User’s statement containing the disputed charge.

 

  1. Waiver and Release of Liability.  For and in consideration of check out and use of a Bicycle, to the maximum extent permitted by law, User hereby forever releases and relinquishes and discharges SBSH, BSH, PBSC Urban Solutions Inc., the State of Hawaii, the City and County of Honolulu, all Program sponsors and advertisers, and directors, as well as owners of property upon which Stations are located (collectively, the “Released Parties”) from any and all claims, liabilities, causes of action, judgments, costs, expenses, damages or wrongful death, injury to others and/or third parties, which arise out of, result from or relate to this Agreement, the check out or use of a Bicycle, the participation in the Program, and/or the maintenance, design, use and/or operation of the Bicycle, including any and all claims, liabilities, causes of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others.  By this Agreement any such claims, rights, and causes of action that User (and User’s legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and User (and guardian(s), if applicable) does(do) so on behalf of User’s heirs, executors, administrators and assigns.  User knowingly and voluntarily agrees, understands and recognizes that User will have no right to make a claim or file a lawsuit against the Released Parties arising out of this Agreement, the check out, maintenance, design, use and/or operation of the Bicycle, the Program, and/or gobiki.org.  USER ACKNOWLEDGES AND AGREES THAT NONE OF THE RELEASED PARTIES ARE 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) THE USE OF, OR INABILITY TO USE, ANY OF THE PROGRAM EQUIPMENT, (C) THE BREACH OF THIS AGREEMENT OR USER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY USER, (E) THE FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.  THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS BY YOU, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, SHALL NOT EXCEED THE FEES PAID TO SBSH.  THE TERMS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

  1. Assumption of Risk. User agrees that riding a Bicycle 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 User understands and takes responsibility for such risks, dangers, and hazards.  User agrees that if User’s use of any of the Program Equipment causes injury or damage to another person or property, then User shall be liable for all resulting injuries, damages, and related costs.  By choosing to ride a Bicycle provided through the Program, User assumes all responsibility for all related risks, dangers, and hazards, and User agrees that SBSH and the other Released Parties are not responsible for any injury, damage, or cost caused by User with respect to any person or property, including the Bicycle itself. User is solely and fully responsible for the safe operation of the Bicycle at all times.  User understands and agrees that a Bicycle is a machine that may malfunction even if properly maintained, that such malfunction may cause injury and that the Released Parties shall not be responsible for the malfunction of any Program Equipment including the Bicycles.  User understands and agrees that neither SBSH nor any of the Released Parties is a common carrier, and that the opportunity to check out a Bicycle is for convenience and/or transportation only, and such opportunity is intended for those persons who are able and qualified to operate a Bicycle.  The terms of this Section shall survive termination of this Agreement.

 

  1. Indemnification. To the maximum extent permitted by law, User expressly agrees to indemnify, release and hold harmless the Released Parties (including Released Parties’ employees, agents, representatives, attorneys, members, directors, principals and affiliates) from all claims, damages, liabilities, actions and/or judgments (including property loss or damage, personal injury or loss of life), whether caused by the sole or partial negligence of the Released Parties and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, arising from, or related to, this Agreement, User’s check out of a Bicycle, User’s use of the Program Equipment and/or User’s participation in the Program.  The terms of this Section shall survive termination of this Agreement.

 

  1. Term of Agreement. This Agreement shall be effective upon User’s acceptance of this Agreement or User’s use of the Program Equipment and shall terminate ten (10) years hereafter.  Notwithstanding the foregoing, SBSH may amend or terminate this Agreement for any reason (or no reason) at any time without User’s consent.

 

  1. Governing Law.This Agreement will be governed by the laws of the State of Hawaii, excluding the choice of law rules thereof.

 

  1. Waiver.   No waiver of any default or breach of any provision of this Agreement is a waiver of any other default or breach of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

 

  1. Final Agreement; Modification.This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter, except that if User accepts this Agreement through gobiki.org, the Privacy Policy shall be included in this Agreement. 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, SBSH may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use the Program after any amendment, modification, or change, User has agreed to be bound by all such amendments, modifications, and changes.

 

  1. Contract Interpretation; Survival. The headings in this Agreement do not affect the interpretation of this Agreement.  Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number.  All pronouns include the masculine, feminine, and neuter pronoun forms.  All User acknowledgements and indemnities including, without limitation, those contained in Sections 12, 13, 14, 23 and 24 hereof, shall survive the expiration or earlier termination of this Agreement.

 

  1. Trademarks and Logos. “BIKI,” and any names, marks, logos, symbols, tag lines, graphics, intellectual property related to the brand and marketing materials associated with the Program (the “Program Marks”) are the exclusive property of BSH. User has no right, title or interest in or to the Program Marks and use of the Program Marks without the prior written consent of BSH and/or SBSH is strictly prohibited.

 

  1. Notice.Any and all notices or other communications required or permitted by this Agreement shall be in writing and will be deemed delivered when personally delivered to the party to whom it is addressed, or in lieu of such personal services, two (2) business days after deposit with an internationally-recognized express courier service with instructions to deliver on the following business day, postage pre-paid, addressed to such party.  Notices and other communications may also be properly given by facsimile or electronic mail but shall be deemed to be received upon mechanical or electronic confirmation of receipt thereof.  Either party may change its address for the purpose of this provision by giving written notice of such change to the other.

 

  1. Attorneys’ Fees. Notwithstanding anything to the contrary contained in this Agreement, if either party institutes legal proceedings against the other in any manner related to this Agreement or the check out or use of a Bicycle, the substantially non-prevailing party shall pay to the substantially prevailing party an amount equal to all attorneys’ fees and disbursements and all other costs and expenses incurred by the prevailing party in connection therewith.

 

  1. Acceptance of Agreement and Terms and Conditions by User. User expressly acknowledges that he or she has carefully read this entire Agreement and understands this Agreement and expressly agrees to be bound by this Agreement.  After careful deliberation, User voluntarily gives his or her consent and expressly agrees to all the conditions included in this Agreement as set forth above.  USER ACKNOWLEDGES, UNDERSTANDS AND AGREES TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND FURTHER UNDERSTANDS THAT THIS AGREEMENT CONTAINS PROVISIONS WHICH RELEASE AND INDEMNIFY BSH, SBSH, AND THE OTHER RELEASED PARTIES FROM ANY COSTS, LIABILITIES OR INJURIES ASSOCIATED WITH USE OF A BICYCLE BY USER.  USER FURTHER UNDERSTANDS THAT THE TERMS OF THIS AGREEMENT REQUIRE USER TO PAY FOR ANY LOST, STOLEN OR DAMAGED BICYCLE OR PROGRAM EQUIPMENT, WHETHER OR NOT CAUSED BY THE FAULT OF THE USER.

 

  1. DisclaimerUSER ACKNOWLEDGES AND AGREES THAT THE USE OF ANY OF THE PROGRAM EQUIPMENT IS AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SBSH, BSH AND THE OTHER RELEASED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM EQUIPMENT, WHICH ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE" (AND USER RELIES ON THEM SOLELY AT USER’S OWN RISK). NONE OF THE RELEASED PARTIES REPRESENT OR WARRANT THAT ANY OF THE PROGRAM EQUIPMENT WILL BE IN GOOD REPAIR OR DEFECT-FREE.  USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE PROGRAM EQUIPMENT, AND NONE OF THE RELEASED PARTIES ARE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. USER ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO A STOLEN OR LOST BICYCLE.


 

EXHIBIT A

 

Program Rules and Regulations

 

In addition to the terms and conditions contained in the Agreement, participation in the Program and use of the Program Equipment by User shall at all times be subject to the following rules and regulations, as the same may be amended from time to time in the sole discretion of SBSH:

 

  1. User shall be fully liable to the owner of the Program Equipment for any theft, loss, damage or alteration of the Program Equipment;
  2. User will not use a Bicycle for racing, mountain Bicycle riding, stunt or trick riding, riding down stairs;
  3. User shall use the Bicycle in accordance with all laws and regulations pertaining to safe bicycling as posted by the City and County of Honolulu including not riding on sidewalks or pedestrian malls;
  4. User will not operate and/or use the Bicycle on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others;
  5. User will not fill the front basket with heavy items as they may create an unsafe condition and affect User’s balance and/or steering control;
  6. User agrees that the front basket of the Bicycle is intended to carry light goods only, and User will not carry, or attempt to carry, additional people or animals in the basket or anywhere else on the Bicycle;
  7. Bicycles may be used and/or operated only in the City and County of Honolulu and User will not, under any circumstances, remove a Bicycle from the City and County of Honolulu;
  8. Bicycles may not be transported between the Program and any other Bicycle sharing or similar program located in other cities;
  9. User will not transport Bicycles by any vehicle, private or public, including transit authority buses;
  10. User will not, under any circumstances, use, ride and/or operate a Bicycle if he/she has consumed, ingested and/or used alcohol or drugs and/or has a blood concentration above the jurisdictional limit prescribed;
  11. User will not use a cellular phone, text messaging device, portable music player or other device that may distract User from safely operating a Bicycle;
  12. User understands that wearing a properly sized, fitted and fastened Snell, CPSC, ANSI or ASTM approved helmet when riding a Bicycle greatly reduces (but does not eliminate) the risk of injury and SBSH strongly recommends that User wear a helmet properly while riding a Bicycle;
  13. User shall not dock a Bicycle in any station or dock other than a Program Station;
  14. User shall not use any lock other than the locking mechanism provided by or through the Program;
  15. Except as stipulated in the Agreement, User shall not allow any other person to use, ride or operate a Bicycle rented by User;
  16. User shall not operate a Bicycle in extreme weather conditions, such as hail or electrical storms, which would make it more dangerous to operate a Bicycle.

 

 


 

EXHIBIT B

 

Fee Policies and Procedures

 

Availability

 

SBSH undertakes to maintain the Program 7 days a week, 24-hours a day. There will be periods where the Program is unavailable due to technical problems, required service or software updates, requirements of the City or other authorities, or circumstances beyond SBSH's control.

 

SBSH crews will periodically move Bicycles from overfull to less full Stations and will periodically perform maintenance on the Stations and Bicycles. However, SBSH does not guarantee that you will find an available Bicycle or an empty Bicycle Dock at any particular Station at any particular time or that Stations or Bicycles will be in working order at all times.

 

Activation of Biki Pass

 

Users who sign up for a Price Plan on gobiki.org can receive their Biki Pass via the US Mail.  Alternatively, they may pick up a Biki Pass at the offices of Biki during normal business hours.  Biki Passes must be activated upon receipt by visiting gobiki.org.

 

Users who use a Station to purchase a Biki pricing plan will not receive a Biki Pass.  Instead, Users will use the same credit or debit card used to purchase their plan to access Bicycles.  The credit or debit card will be inserted into the Station kiosk each time the User wishes to release a Bicycle and a new 5-digit ride code will be provided to release a Bicycle each time.

 

Payment Confirmation and Receipt of Biki Pass

 

Users who purchase a Biki Pass online should receive payment confirmation via e-mail. SBSH will mail Biki Passes within three business days of purchase if applicable, but does not guarantee delivery time. If Users do not receive a payment confirmation or their Biki Pass within this time period, contact SBSH support at 1-888-340-2454.

 

Credit Card Transactions

 

Biki accepts Visa, MasterCard, AMEX, Diners Club, JCB and Discover credit cards. If the credit card User provided with a User’s Biki pricing plan is terminated or is unable to process Biki transactions, User’s plan access will be terminated.

 

You agree to report any changes in your relationship with your credit card issuer, which could affect the execution of charges. SBSH is authorized by you to contact your credit card issuer to update information required to execute charges. If your credit card expires and you do not submit a new one, your account may be suspended or terminated.

 

Charges to Your Credit Card Account and Statements

 

Upon signing up for a Biki pricing plan via the Station or on gobiki.org, your credit or debit card will be charged immediately for the applicable amount as outlined in the “Plan and Fee Schedule”. A hold for a security deposit, of which the amount is also specified in the “Plan and Fee Schedule”, may be placed on your card. The hold on your card will be released within a few days after the return of the Bicycle and applicable charges have been charged.

 

If you signed up on gobiki.org, you can review your charges after logging in to your account. If your purchase was made at a Station, you may request a receipt at the time of purchase.

 

Responsibility of Returning Biki Bicycle

 

To return a Bicycle, User must secure it into an available Bicycle dock at a Station (a “Bicycle Dock”). A light signal turns yellow then green, confirming that the Bicycle has been returned and locked. A red light signal indicates that the Bicycle is not properly secured. A Bicycle that is not properly secured remains User’s responsibility.

 

Bicycle Dock Malfunction: If the light on the Bicycle Dock flashes red and the Bicycle cannot be returned, User must return the Bicycle into another available Bicycle Dock.

 

Unavailability of Bicycle Docks: Users will receive an additional 15-minute time credit where no Bicycle Dock is available at the Station of User’s choice. User must enter User’s Biki Pass or the credit card used at the kiosk of the same Bicycle Station where no bicycle dock is available to access the additional time credit. Users on Single Rides can request additional minutes by calling 1-888-340-2454.

 

Lost or Damaged Bicycle

 

Bicycles not returned within 24 hours are considered lost or stolen.

If User does not return a Bicycle as required by this Agreement or causes damage to a Bicycle, User agrees to pay an amount not to exceed the fee for replacement of a Bicycle, listed in “Plan and Fee Schedule.”

 

If User believes a Bicycle checked out to User has been stolen, contact 1-888-340-2454 immediately and file a police report within 24 hours.

In the event that a Bicycle checked out to User is lost or damaged, SBSH may charge User’s credit card for any excess amount owed.

 

In the event that a lost Bicycle is recovered, User must return it to SBSH. SBSH will refund lost Bicycle charges in excess of SBSH's actual recovery and repair costs and administrative costs it incurred. In no event may any User take permanent possession of, or sell, a Biki Bicycle.

 

Lost or Damaged Biki Pass

 

User is responsible for any Bicycle accessed with User’s Biki Pass. If a Biki Pass is lost or stolen, please call 1-888-340-2454 immediately to report the loss.  We will immediately disable the Biki Pass and issue you a replacement for a lost/stolen fee. The Biki Pass replacement fee amount is specified in “Plan and Fee Schedule.”  Use of a lost or stolen card is your sole responsibility.

 

A Biki Pass that has become unusable may be replaced. A Biki Pass replacement fee, of which the amount is specified in “Plan and Fee Schedule,” will apply and the original Biki Pass will be disabled.

 

Disabled Biki Passes cannot be used again.

 

Refund Policy

 

Biki pricing plans are non-refundable and have no cash value. User’s Plan Price will not be refunded if User relocates, is no longer able to participate in program or if User’s plan access is terminated due to breach of this Agreement. Remaining minutes or time period on any Biki pricing plan have no cash value and may not be transferred to another Plan.

 

Users are not entitled to any refund of Overtime Fees or Plan Price.  Partial or full refunds are at the sole discretion of SBSH; service fees may apply. 

 

 

EXHIBIT C

Plan and Fee Schedule, Version 1.1

Fees Applicable to All Plans

  • Bicycle replacement fee: $1,200.00
  • Security deposit per Bicycle (hold): $50.00
  • Biki Pass replacement fee: $5.00
  • Overtime fee: $3.50 for each 30 minutes or fraction of 30 minutes of overtime use. There is no maximum overtime charge.

The data generated by the Biki system shall be proof of the duration of each Trip.

 

Biki Pricing Plans

Single Ride

$3.50 for the first 30 minutes of use.  Overtime fee for each additional 30 minutes of use or fraction thereof

A Single Ride begins when a Bicycle is unlocked from a Biki Stop and ends when that Bicycle is redocked at any Biki Stop. Remnants of time from one Single Ride are not carried over to future Single Rides.  For example, if your first Single Ride is 40 minutes, you will be charged the Single Ride price plus the overtime fee, for a total of $7.00.  If you unlock a Bicycle for another Single Ride, no time from your first Single Ride will be applied to your second Single Ride, etc.

Overtime fees will be charged within 2 business days of the end of the trip.

Free Spirit

$20.00 for a pre-paid bank of 300 minutes (5 hours) to be used in any increments for rides of any duration over any period of time. Minutes are deducted as usage occurs, starting when a Bicycle is unlocked from any Station and stopping when a Bicycle is docked at any Station.

At the end of each ride, you can know how much time you have remaining and review your ride history by visiting the Station and inserting either your Biki Pass, or credit/debit card if you are not a Biki Pass holder.  If you signed up on gobiki.org or the Biki App, you can also review your ride history and remaining time after logging in to gobiki.org.

An SMS alert will be sent when a Bicycle is securely docked within the last 30 minutes of ride time.  At that time, you can agree to reload your Plan with another 300 minutes of time for the plan price via gobiki.org or contacting 1-888-340-2454.  If you choose not to reload at that time, we will alert you when a Bicycle is securely docked with 0 minute remaining and when you have usage exceeding the time balance established in the plan. At that time, you can agree to reload your Plan with another 300 minutes of time for the plan price. SMS alerts are sent to Users who have provided valid mobile numbers.

If you exceed the time remaining on your Free Spirit Plan, you will be charged an overtime fee of $3.50 for each 30 minutes or fraction of 30 minutes of overtime use.  Overtime fees will continue until a reload is authorized and will not be deducted from the cost of a reload.

Overtime fees will be charged within 2 business days of the end of the trip. Users acknowledge that Users who sign up for the Free Spirit Plan on gobiki.org or Biki App will authorize auto-reload, unless they opt out during the sign-up process.  This authorizes SBSH to charge your credit or debit card for the plan price and add 330 minutes to your Biki Pass when zero minute of pre-paid time remains on Users’ accounts.  You may cancel your auto-reload option at any time on gobiki.org or by contacting 1-888-340-2454.

Unused minutes have no cash value and remaining minutes will not be refunded nor can their value be transferred to another Price Plan.  The Free Spirit Plan is designed to be used over long periods of time, however SBSH reserves the right to deactivate your Free Spirit Plan after 2 years of inactivity.

$15 Monthly

$15.00 for one month of an unlimited number of 30 minute rides.

An individual 30-minute ride begins when a Bicycle is unlocked from a Biki Stop and ends when that Bicycle is redocked at any Biki Stop.  Remnants of time from one 30-minute ride cannot be carried over to future 30-minute rides.  For example, if a 30-minute ride is only 20 minutes, you are within your 30-minute time limit window for that ride.  However, the 10 minutes remaining from that ride cannot be carried over to a future 30-minute ride to allow for a 40-minute ride to avoid overtime fees.

If you exceed 30 minutes of ride time on any and all individual 30-minute rides, you will incur overtime charges.  Each 30-minutes of overage or fraction of 30-minutes triggers an overtime fee of $3.50.  For example, if your ride is 40 minutes, you will be assessed an overtime fee of $3.50.  If your ride is 67 minutes, you will be assessed the overtime fee twice, for a total of $7.00. You will incur overtime fees each time you exceed your 30-minute time limit.  Therefore, multiple overtime fees may be assessed each month.

Overtime fees during a given month are aggregated and charged as a single payment during each billing cycle at a date determined by SBSH for all monthly subscription.

You may ride as many individual 30-minute rides as you desire within the month you have purchased.

At the end of each ride, you can review your ride history by visiting the Station and inserting either your Biki Pass, or credit/debit card if you are not a Biki Pass holder.  If you signed up on gobiki.org or the Biki App, you can also review your ride history after logging in to gobiki.org.

Users acknowledge that Users who sign up for the $15 Monthly plan on gobiki.org or Biki App will authorize auto-renewal, unless they opt out during the sign-up process.  This authorizes SBSH to charge your credit or debit card for the plan price and add another month to the subscription when each $15 Monthly plan month ends.  Users on auto-renewal for 12 months on the same plan may be eligible for a free 13th month. You may cancel your auto-renew option at any time on gobiki.org or by contacting 1-888-340-2454.

$25 Monthly

$25.00 for one month of an unlimited number of 60 minute rides.

An individual 60-minute ride begins when a Bicycle is unlocked from a Biki Stop and ends when that Bicycle is redocked at any Biki Stop.  Remnants of time from one 60-minute ride cannot be carried over to future 60-minute rides.  For example, if a 60-minute ride is only 50 minutes, you are within your 60-minute time limit window for that ride.  However, the 10 minutes remaining from that ride cannot be carried over to a future 60-minute ride to allow for a 70-minute ride to avoid overtime fees.

If you exceed 60 minutes of ride time on any and all individual 60-minute rides, you will incur overtime charges.  Each 30-minutes of overage or fraction of 30-minutes triggers an overtime fee of $3.50.  For example, if your ride is 70 minutes, you will be assessed an overtime fee of $3.50.  If your ride is 97 minutes, you will be assessed the overtime fee twice, for a total of $7.00. You will incur overtime fees each time you exceed your 60-minute time limit.  Therefore, multiple overtime fees may be assessed each month.

Overtime fees during a given month are aggregated and charged as a single payment during each billing cycle at a date determined by SBSH for all monthly subscription.

You may ride as many individual 60-minute rides as you desire within the month you have purchased.

At the end of each ride, you can review your ride history by visiting the Station and inserting either your Biki Pass, or credit/debit card if you are not a Biki Pass holder.  If you signed up on gobiki.org or the Biki App, you can also review your ride history after logging in to gobiki.org.

Users acknowledge that Users who sign up for the $25 Monthly plan on gobiki.org or Biki App will authorize auto-renewal, unless they opt out during the sign-up process.  This authorizes SBSH to charge your credit or debit card for the plan price and add another month to the subscription when the $25 Monthly plan ends.  Users on auto-renewal for 12 months on the same plan may be eligible for a free 13th month. You may cancel your auto-renew option at any time on gobiki.org or by contacting 1-888-340-2454.

Taxes

Hawaii General Excise Tax (GET) will be charged on all Fees and Plans except for the security deposit hold. 

 

 

Privacy Policy

 

Effective date: February 6, 2018

 

Bikeshare Hawaii and Secure Bike Share Hawaii LLC (collectively “Bikeshare Hawaii”) are committed to maintaining your confidence and trust.  Therefore, we maintain the following privacy policy to help you understand how we collect, use, share, and protect the personal information you provide to us through gobiki.org (the “Site”), our bike share kiosks, docking stations, customer service center, and any authorized mobile application (collectively, the “Services”).

 

Information Bikeshare Hawaii May Collect

 

You may browse our website without purchasing a Membership. However, if you register for a Membership, Bikeshare Hawaii may collect the following types of personally identifiable information: name, mailing and e-mail addresses, and telephone number; date of birth and gender; account credentials; credit card or debit card number, expiration date, authorization number or security code, mailing address, and billing address; and your trip history and location information through use of the Services.  We may also collect and store e-mail messages and responses through the customer service center.

 

Bikeshare Hawaii may also collect non-personally identifiable information such as traffic patterns and usage statistics.  This includes, but is not limited to: trip duration, start time, stop time, stations used, bicycle identification numbers, and user type.  See below regarding Computer and Non-Personal Data for other types of non-personally identifiable information.

 

How Bikeshare Hawaii May Use Information Collected

 

Bikeshare Hawaii may use the information collected through the Site or the Services for the following purposes, including, but not limited to: processing orders, responding to customer service messages, promoting, operating and supporting Bikeshare Hawaii, including contacting you for market research or promotions, improving the Site or the Services, analyzing and monitoring your use of the Site or the Services, and informing authorities and insurers in the case of an accident.

 

How Bikeshare Hawaii Shares Your Information

 

Except as prohibited by law, Bikeshare Hawaii may share your information with the following third parties, including, but not limited to: authorized partners and contractors for the Services, third parties for back-end support (i.e., credit card processing), advertising, and marketing purposes, if required by law, in the event of a sale or merger of the company or any subsequent operator of the Site and the Services, and as otherwise stated in this Privacy Policy.

The Site contains links to other sites.  Please be aware that Bikeshare Hawaii is not responsible for the content or privacy policies of such other sites.  We encourage our users to be aware when they leave our site and to read the privacy policy of any other site that collects personally identifiable information.

 

Reviewing or Changing Your Information

 

You are responsible for maintaining the accuracy of your information.  To change your information, log into your account on gobiki.org or through Biki app.  Alternatively, contact us at:

Phone: 1-888-340-2454

Email: support@gobiki.org

 

Opt-Out Procedures

 

If you wish to opt-out of receiving promotional or marketing e-mail communications, you may do so by contacting Bikeshare Hawaii at support@gobiki.org or by following instructions contained within promotional or marketing e-mails.  However, you may not opt out from receiving e-mail communications relating to your account or using our Services while your account is active.  If you no longer wish to use the Services or receive any form of direct contact from Bikeshare Hawaii contact us at: support@gobiki.org

 

Computer and Non-Personal Data

 

Bikeshare Hawaii uses cookies on the Site.  A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to the Site and identify repeat visitors to the Site.  For example, we may use a cookie to identify you, to determine user traffic patterns, or enhance the visitor’s experience on the Site.  You may choose to disable your cookies or refuse to accept a cookie, but you may not be able to access all areas or features of the Site without your browser accepting cookies.

 

Bikeshare Hawaii will also collect Internet Protocol (IP) addresses, the type of browser the visitor is using, the type of computer operating system, the domain name of the website that you used to access the Site, and travel information without personally identifiable information attached.

 

Updates and Changes to Privacy Policy

 

Bikeshare Hawaii reserves the right to amend, modify or change this Privacy Policy at any time and without your consent.  Please review this Privacy Policy on a regular basis to maintain awareness on any amendments, modifications or changes.  If you choose to visit our Site, you are subject to this Privacy Policy and the User Agreement.

 

Protection for Children

 

Bikeshare Hawaii’s Site and Services are not intended for users under the age of 18 (or 16 with parent or legal guardian’s consent), and, as such, does not knowingly collect personal information from anyone under the age of 18 (or 16 with parent or legal guardian’s consent).  If you are under the age of 18 without parent or legal guardian’s consent, please do not use the Site or the Services and do not submit any personal information to Bikeshare Hawaii.  If a parent or guardian becomes aware that his or her child under the age of 18 has provided us with personal information without his or her consent, he or she should contact us at support@gobiki.org and we will delete such information from our files.

 

Security

 

We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard the information you send us.  Please note that no method of transmission over the Internet or electronic storage is 100% secure.  We cannot guarantee the security of the information that you transmit via our Site and Services.  Bikeshare Hawaii will not be liable for any breaches of confidentiality due to system failure or unauthorized access by third parties.

 

Consent

 

By using our Site and Services, you accept the terms of this Privacy Policy.  By continuing to use the Site and the Services, you consent to any changes to this Privacy Policy.  Please do not use the Site or the Services if you do not agree to this policy.

 

Contact

 

For more information or if you have questions or concerns regarding this Privacy Policy, please email us at: support@gobiki.org.