Terms and conditions for using Bike Rental Station

These Terms and Conditions for using emicro Scooters constitute the agreement (“Agreement”​) between you (​“You”, “User” ​or “Rider”​) and emicro​, registration number 12351012​, or our affiliates (“emicro”, “We”​, “Us” or “Our”​), regarding Your use of

1. electric scooters (​“Scooter” );​
2. our mobile application for accessing and using the Scooter (“​App​”); an
3. other related charging, maintenance, pick-up and similar services made available by Us (Scooter, Scooter Station, App and related services collectively the “Services”).
   • General Terms and Conditions of emicro apply when using Services by emicro.
   • Supplemental country or city-specific (​“Service Area”​) terms applicable in the area where the ride is taken.
   • On the basis of this Agreement, emicro grants the User the right to use the Scooter for a specified period of time and to provide the Service.
   • emicro provides Service via RFID/NFC card, via Mobile Application and other, which is used to rent a Scooter from Bikeep Docks.
   • As Our Services evolve, We may amend this Agreement at any time. Amendments will be effective upon posting of the amended Agreement or its supplemental terms on Our website or the App. Your continued use of the Services after such posting constitutes Your consent to be bound by the Agreement as amended. We reserve the right to notify You about amendments via the App, contact information connected to Your Account or in any other reasonable way.
   • User is the person who concludes the Service using the Scooters.

1. By unlocking the Bike via Mobile App You agree to rent the Bike subject to the terms of this Agreement in consideration for the fees and charges calculated in accordance with Our fee applicable during the rental period.
2. The Parking time ends when the User notifies the end of the parking via Mobile App.
3. Each time You unlock the Bike and commence the ride, You represent and warrant that Your have read and understood:
   1. all applicable traffic laws and regulations;
   2. the Riding Rules;
   3. the terms and conditions for Your applicable Service Area;
4. By unlocking the Bike, You agree:
   1. that the Bike, and any equipment attached thereto, at all times, remains Our property, and that You shall not dismantle modify, repair, vandalize or deface the Bike, or any equipment attached to it, in any way;
   2. to use the Bike in accordance with this Agreement, including the Riding Rules and any instructions, manuals and guidelines displayed in the App and in the terms and conditions for Your applicable Service Area;
   3. not to allow any other person to use the Bike unlocked by You;
   4. to assume full responsibility for the care of the Bike during the rental period and to return the Bike in the same condition in which it was rented. If the Bike is returned damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair pursuant to Section 3.3.2.
5. If the Bike breaks during a rental, You shall conclude the ride in compliance with the instructions of the App and the terms of this Agreement and park the Bike to the nearest Bikeep Station.
6. You must report any accident, crash, damage, personal injury, stolen or lost Bike to emicro as soon as possible but no less than 24 hours from the time of the incident. If the incident involves personal injury, property damage, or a stolen Bike, You shall file a report with the local police department within 24 hours.

1. You are eligible to use the Services if:
   1. You have an Account;
   2. Your Account is linked with a valid credit or debit card or other payment method supported by the App (​“Elected Payment Method”);
   3. You are at least 16 years old;
   4. You are physically fit, and have the necessary skills and expertise to use, ride and operate the Scooter in a safe and competent manner.
2. When creating and using Your Account You:
   1. agree to only use Your real name, accurate personal and card information for setting up the Account, and keep such information up to date at all times;
   2. agree that You may be requested to provide proof of identity in the form of a picture from Your driver licence or a government identification document to obtain or maintain access to the Services;
   3. are liable for the access, control and security of Your Account, and responsible for:
      1. the user name and password for Your Account; and
      2. all actions carried out under Your Account, including, but not limited to, activating (unlocking), using, deactivating (finishing Your ride) and proper parking of the Scooter pursuant to this Agreement, or failing to do so. We may assume that anyone using Your user name and password is authorised by You to do so;
   4. agree to notify Us immediately if You become aware of any unauthorised access to or use of Your Account, or other situation that may cause loss of control of Your Account;
   5. agree that We have the right to suspend or disable Your Account to the extent required to
      1. secure lawful use of App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes;
      2. ensure Your compliance with this Agreement;
      3. comply with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body; or
      4. as otherwise set forth in this Agreement;
   6. agree that We may send You text (SMS), push notifications and e-mail messages in connection with the Services.

1. You will be charged fees for Your use of the Bike and Services in accordance with Our fee schedule provided in the App (​“Fee Schedule”). Each use of the Bike starts when You click “Unlock” and terminates when You click “Finish your ride” or equivalent button(s) on the App. Our fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Bikeep.
2. If the Bike unlocked with Your Account:
   1. is parked outside the Permitted Parking Area, then in Our sole discretion, We may charge You a pick-up fee of up to $150AUD
   2. appears to be damaged beyond normal wear and tear, is in a state of disrepair or has been vandalized, then, in Our sole discretion, We may charge You a fee up to $2500AUD per Bike which is equal to the cost of repair or replacement of the Bike and equipment;
   3. is abandoned without notice, You will be responsible for all fees until the Scooter is recovered, plus a search fee of up to $180AUD maximum amount specified in the App depending on the time that it takes to recover the Scooter;
   4. is abandoned without notice, You will be responsible for all fees until the Bike is recovered, plus a search fee of up to $180AUD maximum amount specified in the App depending on the time that it takes to recover the Bike;
   5. is not recovered or returned (ride finished and Bike parked) within 24 hours, then in Our sole discretion, We may consider the Bike to be lost or stolen, in which case We may charge You up to $2500AUD per Bike and file a police report against You.
3. You agree to pay any fines, fees, penalties, and/or any other charges incurred by Us, that result from Your use of any Bike, You parking any Bike improperly or as a result of You violating any law, rule, regulation or ordinance while using the Services.
4. All amounts due and payable to Us will be charged to Your Elected Payment Method. If these payment methods fail, other collection procedures may be employed. You agree to compensate all Our collection costs, including without limitation reasonable legal fees, if You do not pay amounts owed to Us when due.
5. You can pay for the Services with Your Elected Payment Method, which requires prior activation within the App. You authorise Us to charge Your Elected Payment Method linked to Your Account for all fees and charges incurred by You pursuant to this Agreement. Such fees and charges may be subject to applicable taxes, which may be charged and collected by Us.
6. We and our contractors support in-App Payment, provide assistance, and resolve disputes related to in-App Payment. If You dispute any transactions charged to Your Elected Payment Method by Us, You must contact Us within 10 Business Days.
7. For credit and debit card payments, We may charge a service fee for each payment that is added to each order of the Services. The service fee is for Visa/Mastercard service fees. The amount of the service fee is displayed in the App. Your bank may make additional charges for Your use of Your credit or debit card which are not shown in the App. Please note that after You have reserved a Bike, we automatically pre-authorise an amount from Your credit card to confirm the availability of the payment.

1. You acknowledge and agree that Your use of the Services, Bikes and related equipment, is ​at Your sole and individual risk​, and that ​We are not responsible for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown, that You or a third party may suffer as a result of Your use of the Services. You fully understand such risks by acknowledging that:
   1. riding the Bike involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided;
   2. the Bike is a machine that may malfunction, even if properly maintained, and that such malfunction may cause injury; and
   3. wearing a helmet or other protective equipment and diligent compliance with the Riding Rules and this Agreement are essential to reduce Your risk of injury and risk of causing injuries or damage to others.
2. If Your use of any of the Services causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown. If Your conduct causes Us to pay third parties’ claims, You are solely responsible to Us, and agree to indemnify Us, for all losses incurred by Us in paying those third party claims.

1. Safety Checks
   1. It is Your responsibility to conduct a diligent safety check prior to use of the Bike that includes, without limitation, the following:
      1. good condition of the frame;
      2. good condition of wheels (i.e. that the wheels are not flat or impeded by debris or
         mud);
      3. safe operation of brakes;
      4. sufficient battery power;
      5. testing that the bell of the Bike is working;
      6. lights and reflectors are in good working condition if You intend to ride the Scooter during the hours of darkness;
      7. Bike is free from any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need; and
      8. follow the instructions provided to You at the time of hiring the Bike.
   2. Throughout the ride You shall constantly monitor that the Bike and its operation complies with the above safety requirements. If at any time during the ride You discover a breach of safety requirement(s) or notice any other potentially unsafe defect, condition or threat, You must immediately cease riding the Bike, when it is safe to do so, and notify emicro.
2. Road Safety
   1. You shall ride and operate the Bike safely at all times. When using, riding or operating the Bike, You shall:
      1. comply with all applicable traffic laws and regulations;
      2. use the safety gear as recommended and as required pursuant to the applicable laws and regulations, and, which are reasonably required to mitigate the risk of personal injury (such as helmet, protective pads and proper shoes);
      3. not operate the Bike under the influence of alcohol, drugs, medication or other substances that may impair Your ability to safely operate the Bike;
      4. observe the speed limit and adapt the speed according to the situation taking into account Your driving experience, road conditions, state of the road and the Bike, weather conditions, density of the traffic and other traffic conditions so that You are able to stop the Bike without hitting any obstacle that is or can reasonably be expected to be on the road;
      5. not use any mobile phone, tablet, laptop, text messaging device, music player, or other device that may distract You from safely operating the Bike;
      6. not ride the Bike on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal or poses nuisance to others;
      7. not use the Bike for racing, mountain riding, stunt or trick riding;
      8. not ride the Bike on expressways and restricted roads;
      9. not ride the Bike against the flow of traffic;
      10. not ride the Bike on roads that are meant exclusively for pedestrians;
      11. shall not ride beyond permitted riding perimeter specified by the App;
      12. not ride in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it dangerous to ride the Bike;
      13. not carry additional person(s);
      14. not carry any items (e.g. briefcases, backpacks, bags and/or other items) if these may prevent You from being safely able to operate the Bike; and
      15. wear light coloured clothes or a reflector to ensure that other road users are able to notice You easily.
3. Parking
   1. You shall:
      1. park the Bike in a Bikeep Station.
      2. not park the Bike in a manner that may contravene any applicable laws and regulations.
      3. not park the Bike anywhere else (including indoors) than to Bikeep Bike Station.