ezBike Services Rental Agreement, Waiver of Liability and Release
Effective Date: August 1, 2020.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.
In consideration of Your use of any of the ezBike Services (defined below) provided by Roamer Technologies Private Ltd. d/b/a Roamer, operator of ezBike, Roamer requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Agreement, Waiver of Liability, and Release (“Agreement”), as applicable.
The “Services” provided by ezBike are composed of the following including
- Our smart electric scooters ("Bike") (collectively, the "Bikes").
- Our Bike parking locations ("ezBike Zones").
- All other related equipment, personnel, charging stations for electric scooter batteries, mobile applications, websites and information provided or made available by ezBike (collectively, the "ezBike Services").
Please CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a list of some of the terms that ezBike wants to bring to your notice in the event you are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
On completion of your ride, the Bike must be locked and parked at a designated ezBike Zone. If the Bike is not locked and parked at an ezBike Zone, the trip will continue and you will continue to be charged. ezBike holds the rights to end your ride and charge a non-compliance fee of up to PKR 500.
On completion of your ride, park the Bike at a ezBike designated parking location ("ezBike Zone") following all the laws. The Bike cannot be parked in non-public spot, private property or in an area that is locked.
You must follow all traffic laws.
1. GENERAL RENTAL AND USE OF BIKES
1.1 Rider is Sole User
ezBike and the Rider are the only parties to this Agreement. The Rider 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 the Location, the Bike must be used only by You. You must not allow others to use a Bike that You have activated from the Location. If Riders do not comply with the rules as mentioned Roamer may penalize them and prohibit them from further use of Bikes.
1.2 Rider must be at least 18 years old
Rider must be at least 18 years of age to ride a Bike. If Riders do not comply with the rules as mentioned Roamer may penalize them and prohibit them from further use of Bikes.
1.3 Rider must upload a valid CNIC
Rider must provide a valid CNIC prior to operating a Bike. If Riders do not comply with the rules as mentioned Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
1.4 Rider is an Experienced Bike Operator
Rider denotes and certifies that he/she is familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike. By choosing to ride a Bike, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for deciding weather conditions, including rain, storms, or man-made situations, make it dangerous to operate a Bike. You are advised to adjust Your riding behavior to suit the weather and traffic conditions.
1.5 Bike is the Exclusive Property of ezBike
Rider agrees that the Bike and any ezBike equipment attached to the Bike, at all times, remain the exclusive property of ezBike. You must not disassemble, write on, modify, repair or deface a Bike, any part of a Bike, or other ezBike equipment in any way. You must not write on, peel, modify or damage any sticker on a Bike in any way. You must not use a Bike, or other ezBike equipment for any advertising or similar commercial purpose. If Riders do not comply with the rules as mentioned Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
1.6 Bike Operating Hours and Bike Availability
Rider agrees and acknowledges that the Bikes are between 6:00am and 10:00pm, 7 days per week, 365 days per year, except in the case of events outlined in section 4.6. Bike must be rented within the maximum rental time limits set forth below. The number of Bikes are limited and Bike availability is never guaranteed.
1.7 Bike May be Used and/or Operated only in ezBike Designated Areas and Parking Locations
Rider agrees to only use, operate and/or ride the Bikes in ezBike designated regions/areas. Rider agrees to only end, the ride only at ezBike designated parking locations ("ezBike Zones").If riders do not comply with the rules as mentioned If Riders do not comply with the rules as mentioned Roamer may penalize them and prohibit them from further use of Bikes.
1.8 Rider Must Follow Laws Regarding Use and/or Operation of Bike
Rider agrees to follow all laws relating to the use, riding and/or operation of the Bike, including all provincial, federal, traffic and city laws and the rules and regulations pertaining to bicycles/electric scooters in the area where you are operating the Bike. If Riders do not comply with the rules as mentioned Roamer may penalize them and prohibit them from further use of Bikes.
1.9 Prohibited Acts
Rider agrees to the following:
- You must not ride a Bike while carrying any briefcase or other items if it hinders Your ability to operate the Bike safely.
- While riding a Bike, you must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely riding the Bike.
- You must not use a Bike while under the influence of any alcohol, drugs, medication, or other substance that may harm Your ability to operate a Bike safely.
- You must only use locking mechanisms provided by ezBike. You must not add another lock to the Bike or lock a Bike to anything.
- The Bike must be parked at ezBike designated parking location ("ezBike Zone") to end the ride, i.e. the Bike cannot be parked/left on private property or in a locked area or in any other non-public space.
- You must not place heavy objects (more than 5 Kilograms) on the basket of Bicycle.
If Riders do not comply with the rules as mentioned Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
1.10 Bike is Intended for Only Limited Types of Use
Rider agrees that they will not use the Bike for racing, stunt or trick riding. Rider agrees that they 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. Rider agrees that they will not use the Bike for hire or reward, nor use it in violation of any law, ordinance or regulation. If Riders do not comply with the rules as mentioned Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
1.11 Weight and Cargo Limits
You must not exceed the maximum weight limit for the Bike (120 Kilograms) or the cargo carrier/basket on the Bike (5 Kilograms). Rider accepts that the front carrier/basket of the Bike is intended for light goods only, and that they will not carry animals anywhere on the bike. If Riders do not comply with the rules as mentioned Roamer may penalize them and prohibit them from further use of Bikes.
1.12 No Tampering
You must not tamper with, attempt to gain unauthorized access using, or otherwise use ezBike system or other ezBike equipment other than for purposes of using a Bike pursuant to this Agreement. If Riders do not comply with the rules as mentioned Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
1.13 Reporting of Damage or Crashes
Rider must report any accident, crash, damage, personal injury, injury to a third party, stolen or lost Bike, to ezBike as soon as possible. If a crash involves personal injury, property damage, or a stolen Bike, Rider shall file a report with the local police department within 24 hours. Rider agrees that they are 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 Bike. If Riders do not comply with the rules as mentioned Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
In case of a Rider getting into an accident with a third party or injures a third party, ezBike reserves the right to share Rider contact information with the third party and Law Enforcment Agencies.
1.14 Rider Responsibility for Bike Use and Damage
Rider agrees to return the Bike to ezBike in the same condition in which it was rented. Rider will not be responsible for normal wear and tear. If Riders do not comply with the rules as mentioned Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
1.15 Light Weight Bike
The Bike requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Bike safely and prudently in light of the Bike being electric powered and all of the limitations and requirements associated therewith. The maximum speed limit of the Bike is 35 km/hour and wearing a helmet during the ride is mandatory.
1.16 Rider Responsibility to Third Parties
Rider shall be liable to all third parties, including passengers, road users, pedestrians, etc. in the event of injury and/or death. The responsibility of the Rider shall also extend to any damage to property whether private or public caused as a result of the Rider's use of the Bike.
The Rider understands and agrees with each of the following:
The level of charge power remaining in the Bike shall decrease with use of the Bike (over both time and distance), and that as the level of charge power of the Bike decreases, the speed and other operational capabilities of the Bike may decrease (or cease in their entirety). The level of charging power in the Bike at the time Rider initiates the rental or operation of the Bike is not guaranteed and shall vary with each rental use. The rate of loss of charging power during the use of the Bike is not guaranteed and shall vary based on the Bike, road conditions, weather conditions, and other factors. It is Rider's responsibility to check the level of charge power in the Bike and to ensure that it is adequate before initiating operation of the Bike. The distance and/or time that Rider may operate the Bike before it loses charging power is never guaranteed. The Bike may run out of charging power and cease to operate at any time during Rider's rental of the Bike, including before reaching Rider's desired destination.
1.17 Charging of Bike
If the Bike runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. Rider must immediately report about this to ezBike via the App Support feature or e-mail - email@example.com
2. PAYMENT AND FEES
2.1 FeesRider may use the Bike on a pay per ride basis or as otherwise in accordance with the plans described in the App. 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 ezBike. ezBike will charge the Rider’s wallet or other agreed payment methods the amount of the fees as described in this Agreement.
Promo codes (discounts) are one-time offers and can only be redeemed via the ezBike App. Only one promo code will be applied to a single ride. ezBike 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.
2.2 Promo Codes
Maximum rental time is 12 hours. Rider agrees that Rider will deactivate the Bike rental within 12 hours of time that rental of the Bike began. The rider may then rent again. Rider agrees that they are solely responsible for being aware of any elapsed time related to the timely locking of the bike.
2.3 Maximum Rental Time
After the return of the Bike, the rider will be charged the accumulated rental charges. Bike not returned at the ezBike designated parking locations ("ezBike Zone") will be considered non-compliance of ezBike policies and non-compliance fee of up to PKR 500 will be charged. If a Bike is lost or stolen during rental, Roamer may penalize them, prohibit them from further use of Bikes, and file a police report.
2.4 Security Deposit and ezBike Money account balanceRider may be required to deposit a security amount and top-up the wallet using the ezBike payment system before using ezBike Services. Rider authorizes ezBike to Rider Wallet amount for all fees incurred by Rider. All fees are subject to applicable taxes and other local government charges, which may be charged and collected by ezBike. If Rider disputes any charge, then Rider must contact ezBike within 5 business days from the end of the ride with the disputed charge. The rider must provide to ezBike 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. Security Deposit is refundable after adjusting with the negative balance (if any) in the ezBike Wallet balance. No refund will be provided for added balance in the ezBike Wallet or any other promotional balance.
2.5 Pick Up Fees
If You are unable to return a Bike to a ezBike designated parking location, and request that the Bike be picked up by ezBike staff, ezBike, at its sole discretion, may choose to charge You a pick-up fee up to a maximum of PKR 500. If any Bike accessed under Your account is abandoned without notice, you will be responsible for all ride charges until the Bike is recovered and deactivated, plus a service charge (currently maximum of PKR 500) to recover the Bike. Fees are subject to change.
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, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Bike, equipment or related information, or (b) Rider’s use of any of the foregoing. “Released Persons” means, collectively ezBike 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 Rider being allowed to use any of the Services, Bike, and other equipment or related information provided by ezBike, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider 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. Rider 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 ezBike 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 DisclaimersYOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, EZBIKE, 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, EZBIKE, OR RELATED EQUIPMENT, EZBIKE 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, EZBIKE, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
EZBIKE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, EZBIKE, 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, EZBIKE, OR RELATED EQUIPMENT.
3.3 Limited LiabilityRIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, EZBIKE 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) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BIKES, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A HELMET WHILE USING A BIKE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
RIDER 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 EZBIKE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.EZBIKE CLEANS AND SANITIZES ITS BIKES AT A REGULAR FREQUENCY. SANITISATION IS DONE USING A WHO CERTIFIED SOLVENT. HOWEVER, IN THE UNFORTUNATE CIRCUMSTANCE IF A COMMUTER CONTRACTS AN ILLNESS, EZBIKE CANNOT BE HELD LIABLE.
Rider is solely and fully responsible for the safe operation of the Bike at all times. Rider agrees that Bikes are machines that may malfunction, even if the Bike is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a helmet or utilize other protective gear. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that ezBike and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Bike itself.
3.4 Assumption of Risk by Rider
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; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.
4.1 Safety CheckezBike will have the following safety equipment on the Bikes
- Left-hand rear break and right-hand front break
- Head light in the front
- A rear red light
- Horn/Bell on the handle to alert any people in the path
- Bike Number on the frame
- Digital battery meter
4.2 Lost or Stolen BikeIf a Bike is not returned within 12 consecutive hours, then the Bike is deemed lost or stolen and a police report will be filed with local authorities. The data generated by the servers will be treated as the conclusive evidence of the period of the usage of the Bike by a rider. If a Bike has disappeared or stolen, the rider must immediately report this to ezBike.
4.3 Rider SafetyezBike requires that all Riders wear a helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions. Rider agrees that none of ezBike and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
Bikes shall have the following safety precautions as a minimum:
- Bell/Horn to alert any person or Bikes in the path
- Hand operated brakes, one each for the front and rear wheels
- Head light in the front
- A rear red light
- Remote tracking of Bike using built-in GPS system