EU-Bike Service Agreement

Updated 1/7/2019


Thank you very much using EU-Bike bike-sharing service. EU-Bike provides a bike rental service for short and mid-distance cycling. The agreement is between GREEN ECONOMY AB including its related parties and partners, (hereinafter referred to as "the Company" or "us") between the Service User (hereinafter referred to as the "User") and the User regarding downloading, the use of EU-Bike software, and rental EU-Bike bicycles, the use of bicycle rental services provided by the agreement. 

AGREEMENT

1. How to use

(1) Register a membership on EU-Bike mobile app. (2) After registration, user could rent an EU-Bike bike after topup with one payment card in the app. (3) After rental, bike must be parked in lawful areas, i.e. it cannot be parked on public pathways or sidewalks, or private property, or non-public space or in conflict with local traffic and/or other regulations. (4) User shall wear a CE-standard helmet that has been properly fitted and fastened during the rental time period. (5) User’s rental time begins when the bike is unlocked. The rental period doesn’t end until the bike is locked at a legal parking location. The ride histories as well as topup records can be found in the mobile app. (6) For the sake of convenience of other users, the rental time period shall not excess 12 hours. A penalty fee of 500 SEK might apply if the bike is not locked after 12 hours or the bike is parked at an unlawful location as stated above.

By using EU-Bike mobile application, User is accepting the full terms of this agreement. You further acknowledge and agree that: (1) You shall be responsible for each bike you rent during the rental time period; (2) You shall be responsible for ensuring that any individual using the bikes rented under your account shall read and comply with this agreement; (3) Before unlocking a bike, you must check the bike. If there is something wrong with the bike, do not unlock it. You could report the damage in the mobile app and look for another one. Once unlocked, you should take responsibility for the bike until return. During the rental time, you should keep bike away from malicious destruction. (4) You are completely responsible and liable for deliberately damage to the bike you have rented. (5) For your security, once the bike is damaged, you should stop and return bike in a legal place and report such issue to our service team. 

2. Consideration

In consideration of EU-Bike renting a bike to user, user agrees to the terms and conditions of this agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

3. Equipment

Bikes are equipped with GPS devices. All of the foregoing equipment and other equipment consists of any bike, in whole or part, shall be referred to as EU-Bike Equipment.

4. Modification

At any time and from time to time, and without your consent, we may unilaterally amend, modify, or change this agreement, in our sole discretion and without any notice or cause. By continuing to use the service after any amendment, modification, or change, you have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.


SERVICES

1. License

Subject to your compliance with these terms, EU-Bike grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (1) access and use the applications on your personal device solely in connection with your use of the services; (2) access and use any content, information and related materials that may be made available through the services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by EU-Bike and EU-Bike’s licensors.

2. Registration

Before using EU-Bike service, you should download EU-Bike mobile app, and register a user account. When registering, you should provide your phone number and other necessary information for the proper usage of the EU-Bike mobile app. After successful registration, we will provide you with a personal account, which means that you have consented to and authorize us to use your personal information for the purpose of providing you with services. Your personal information will be stored in confidentiality.

3. User requirement and conduct

The service is not available for use by persons under the age of 12. You may not allow persons under the age of 12 to receive transportation or logistics services from third party providers unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the services, and you may only use the services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the services cause nuisance, annoyance, inconvenience, or property damage, whether to the third-party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity.

4. Network access and devices

You are responsible for obtaining the data network access necessary to use the services. Your mobile network's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto. EU-Bike does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. Maintenance

EU-Bike is responsible for the daily running, maintenance and repair of the bike. But it does not mean that the company has the obligation to ensure that all available bicycles are in a trouble-free condition in real time. The rider should confirm the integrity of the components, efficiency, and familiarize with the performance of bicycle and safety devices before using a bike.

If user find that the bicycle is broken, he or she shall cancel reservation or stop using, and notify EU-Bike about the problem. If the rider disregards the broken bike and continue use it, the rider should take responsibility for the behavior.

6. Notification of promotions

By creating an account, you agree that the operator may send you informational content via the EU-Bike mobile app, (SMS) messages, electronic direct mailers (EDM) as part of the normal business operation of your use of the services.

7. Ownership

The services and all rights therein are and shall remain EU-Bike’s property or the property of EU-Bike’s licensors. Neither these Terms nor your use of the services convey or grant to you any rights: (1) in or related to the services except for the limited license granted above; (2) to use or reference in any manner EU-Bike’s company names, logos, product and service names, trademarks or services marks or those of EU-Bike’s licensors.


RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF BIKE USE

1. Acknowledgement and agreements

As a condition precedent to EU-Bike’s agreement to allow user to participate in the program and to rent a bike, user acknowledges and agrees as follows: (1) User is fully aware that riding a bicycle on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and rider must keep a proper lookout to avoid such accidents. (2) User is fully trained and capable of operating and riding a bike and is not relying on EU-Bike to learn how to operate or ride a EU-Bike. (3) User is solely responsible for obtaining and using a helmet and protective gear. (4) User is solely responsible for operating and riding a bike in a careful and reasonably competent manner. (5) A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident. (6) All bikes are and shall remain the exclusive property of EU-Bike at all times. (7) User is solely responsible for any traffic violations and/or fines incurred by user while using the bike, including any fees for parking the bike in prohibited locations as accordance with the Laws of the country in operation. (8) EU-Bike is not obligated to provide insurance of any kind related to user or user’s use of the bike, and in the event that EU-Bike, at its option, carries insurance, user shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever. (9) If user causes damage to property or injury to another party while operating or in possession of the bike, user is solely liable for such damage or injury. (10) User shall return the bike to EU-Bike in the same condition as when received. (11) User is liable for any and all damages resulting from improper use or abuse of the bike and the cost of such damages. (12) EU-Bike provides bikes as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a bike on their own and who have agreed to all terms and conditions of this agreement.

2. Restricted uses

User shall not do any of the following acts (“Restricted Uses”): (1) Use any bike if user is younger than 12 years of age. (2) Use any bike if user has any existing physical or mental condition that would prohibit user from safely operating the bike. (3) Operate a bike while carrying any item that impedes user’s ability to safely operate the bike. (4) Operate a bike while under the influence of alcohol, drugs, or any other substance that impair user’s ability to safely operate the bike. (5) Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts user from the safe operation of the bike. (6) Allow any other person to use the bike or allow more than one person to be carried on the bike. (7) Overfill the bike basket or place objects weighing in total more 10kg in the bike basket. (8) Violate any applicable federal, state, or local law. (9) Operate or use a bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms. (10) Use or operate a bike that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair. (11) Continue using the bike if it, or any component of it, should become defective or malfunction. (12) Use the bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding. (13) Use the bike for any commercial purposes. (14) Tow, pull, carry or push any person or object with a bike. (15) Remove or modify any accessories, parts or components of any bike. (16) Use the bike without paying applicable user fees at the time they become due. (17) Do not use the bike in extreme whether condition such as big rainy, snowing and ice ground situation.

3. Representation and warranties

As a condition precedent to EU-Bike’s agreement to allow user to participate in the program and to rent a bike, user represents and warrants to EU-Bike that: (1) User meets the minimum age requirements: (i) is 12 years of age or older to ride. (ii) User is experienced and familiar with the safe and competent operation of a bicycle, and that he/she is physically and mentally fit to ride the bike. (2) User is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a bicycle. (3) Please wear a helmet before riding for your safety.

4. Requirements

As a condition precedent to EU-Bike’s agreement to allow user to participate in the program and to rent a bike, user shall do the following during any use of a bike (“Use Requirements”): (1) Carefully inspect the bike that user wishes to rent prior to use to ensure the bike is good operating condition. (2) Test the bike’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle. (3) Promptly notify EU-Bike customer service of any defect, malfunction or needed repair to a Bike. (4) Adjust bike riding behavior for safe operation according to weather conditions. (5) Adjust Bike riding behavior so that it is that of a reasonably experienced and prudent bike rider. (6) Contact EU-Bike and local Police immediately in the event of theft of the bike or an accident that occurred during users use of the bike resulting in bodily injury.


RELEASE AND LIMITATION OF LIABILITY

For and in consideration of rental and use of the bike, rider, for itself and on behalf of rider’s heirs, executors, administrators and assigns, forever releases and relinquishes and discharges (1) EU-Bike and EU-Bike’s officers, boards and commissions, members, managers, employees, suppliers, agents, representatives, (2) any municipality with which EU-Bike has contracted with to provide a bike sharing program, and (3) any owner of property with which city or cyclehop has contracted with to provide real property on which a bike share facility, including, without limitation, stations, hubs, racks, intended for bike share use (all, collectively, the “ parties”) from any and all claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings, causes of action and damages including for personal injury, wrongful death, property damage, and injury to rider or to third parties (collectively, “claims”), including unknown or unanticipated claims, which arise from or are related directly or indirectly to this agreement or the rental, maintenance, design, use and/or operation of the EU-Bike equipment, including the bikes, or the EU-Bike website, including any and all claims related to the sole or partial negligence of EU-Bike , the EU-Bike parties or any other party. User hereby expressly waives any claims against the EU-Bike parties which rider does not know or suspect to exist in his or her favor at the time of renting a bike, and expressly waives rider's rights under any statutes that purport to preserve rider's unknown claims.

In no event will rider claim that EU-Bike parties individually or collectively did not adequately train rider, or provide rider with adequate instructions necessary, to ride the bike in the same manner as a person who is an experienced bike rider who has been trained to ride a bike in a safe and careful manner.


INDEMNIFICATION

Rider shall indemnify, defend and hold harmless EU-Bike for, from and against any and all claims related to or arising out of this agreement, including, but not limited to user’s breach of any representations, warranties or covenants set forth in this agreement, and the rental, maintenance, design, use or operation of the bike, the locks, and/or the EUBKE website, even where caused in whole or in part by EU-Bike’s negligence, and/or the negligence of others, whether presently known or unknown. At EU-Bike’s option, user will assume control of the defense and settlement of any claim subject to indemnification by user (provided that, in such event, EU-Bike may at any time elect to take over control of the defense and settlement of any such claim). In no event may user settle any claim without EU-Bike’s prior written consent.


DISPUTE RESOLUTION

User agrees that EU-Bike, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this agreement, user’s use of EU-Bike’s equipment, including, without limitation, bikes, and/or the EU-Bike website, to competent court in Sweden. And this agreement shall be governed by the laws of Sweden without regard to conflicts of law provisions.


ASSUMPTIONS OF RISKS; DISCLAIMER

User expressly acknowledges and accepts that user’s rental and use of the bike is at his/her own risk. User accepts the bike for use after exercising his/her own free choice to participate voluntarily in this activity and after having inspected the bike and certifying that is in good operating condition. User understands that bicycling may be a hazardous activity. User acknowledges, understands and assumes all risk relating to the rental, maintenance, design, use and/or operation of the EU-Bike equipment, including the bikes, and the EU-Bike website and understands that bicycling involves risk to the rider and others including damages, bodily injury, partial or total disability, paralysis and death to rider or others, and that rider has full knowledge of said risks and dangers, including such risks, damages and injuries that may arise from the negligence of others or as a result of roadway conditions. All bikes and other EU-Bike equipment are provided “as is” and without any warranty of any kind, whether express or implied, written or oral, including, without limitation, any warranty of merchantability, quality or fitness for a particular purpose. EU-Bike and the EU-Bike parties hereby disclaim any claim in tort (including negligence, product liability or strict liability).


SERVICE LIMITATIONS

User acknowledges and agrees that from and after the date that EU-Bike makes bikes available to the public for rental, EU-Bike may suspend all or part of its bike rental program at any time, may relocate stations, reduce the number of bikes available for rent and otherwise operate its bike rental program in its sole discretion. User further acknowledges that EU-Bike may suspend the availability of bikes during adverse weather conditions, or may be required to suspend the rental of bikes by the city in which the bikes are located. User shall not be entitled to a refund of any fees for unused rental periods unless EU-Bike’s bike rental service shall have been suspended for more than 15 days. EU-Bike does not represent or warrant that bikes will be available for rental at any locations at any time. EU-Bike may require the return of its bikes at any time.


TERMINATION OF AGREEMENT

EU-Bike may terminate this agreement at any time, without cause, legal process, or notice to the user and user’s use of the system is “at the will” of EU-Bike. User waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. User shall not be entitled to a refund of any amount paid for unused rental periods if this agreement is terminated for cause. User may terminate User’s rental plan at any time; provided, however, that no refund will be provided by EU-Bike for time already used by user.


ASSIGNMENT

EU-Bike may assign its rights and duties under this agreement to any party at any time without notice to user.


SEVERABILITY

If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the agreement shall remain in full force and effect.


NO WAIVER

EU-Bike’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this agreement. No waiver by EU-Bike shall be construed as a waiver of any proceeding or succeeding breach of any provision in this agreement.


THIRD PARTY INTERACTIONS

During use of the service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the software and/or the application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The group does not endorse any applications or sites on the Internet that are linked through the service, the application and/or the Software, and in no event, shall the company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The company provides the service to you pursuant to the terms of use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and the company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the terms of use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the company. The company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the company’s website located at https://eubike.se. You agree and allow the company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the service and/or advertising or marketing material supplied through the service.


SURVIVAL

All provisions of this agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this agreement, and all amounts unpaid at the time of termination or expiration of this agreement shall remain due and payable.


PERSONAL DATA PROTECTION

You agree and consent to the company using and processing your personal data for the purposes and in the manner as identified hereunder. For the purposes of this agreement, “personal data” means information about you, from which you are identifiable, including but not limited to your name, address, telephone number, credit or debit card details, email address, and other information about you which you have provided to the company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the company from time to time.

The provision of your personal data is voluntary. However, if you do not provide the company your personal data, your request for the application may be incomplete and the Company will not be able to process your personal data for the purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your personal data for business and activities of the Company which shall include, without limitation the following (the “purpose”):
(1) To perform the company’s obligations in respect of any contract entered with you;
(2) To provide you with any services pursuant to the terms of use herein;
(3) To process your participation in any events, promotions, activities, focus groups, research studies,
contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
(4) Process, manage or verify your application for the Service pursuant to the terms of use herein;
(5) To validate and/or process payments pursuant to the terms of use herein;
(6) To develop, enhance and provide what is required pursuant to the terms of use herein to meet your needs;
(7) To process any refunds, rebates and or charges pursuant to the terms of use herein;
(8) To facilitate or enable any checks as may be required pursuant to the terms of use herein;
(9) To respond to questions, comments and feedback from you;
(10) To communicate with you for any of the purposes listed herein;
(11) For internal administrative purposes, such as auditing, data analysis, database records;
(12) For purposes of detection, prevention and prosecution of crime;
(13) For the company to comply with its obligations under law;
(14) To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the company, its partners, advertisers and or sponsors;
(15) To notify and invite you to events or activities organised by the company, its partners, advertisers, and or sponsors; and/or
(16) To share your personal data amongst the entities within the company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “group”) and with the company’s and group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the company processing your personal data for any of the Purposes, please notify the company using the support contact details as provided in the Application.

If any of the personal data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

The company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to the company, you consent to the use of that information as set out in the form of submission and in the terms of use.


PROTECTION FOR OUR PRODUCT

No authorised agents or third parties including members of the public should work on the modification, reproduction, distribution, transmission, public display, exhibition, broadcast, reproduction, translation, publication, authorisation, creation of derivative products, transfer, sale, reverse engineering, and decompilation that occurs from the EU-Bike system and its related programmes. EU-Bike is entitled to pursue all liability and compensation for any of the above acts, and not limited to attempt to extract source code, obtain raw data from EU-Bike products or services and/ or any part of them.


ABOUT US

The eubike.se website is owned by GREEN ECONOMY AB, who are taking the full responsibility for all the Sweden transactions from the website. All the contractual parties will be responsible and handling the dispute management, refunds, cancellations, returns & customer support.


GOVERN LAW

GREEN ECONOMY AB are the owners of this website. Our terms of use are governed by Swedish law under the jurisdiction of Swedish courts. 


CUSTOMER SUPPORT

If you encounter any problem using EU-Bike, you can report it to  custom services at service@eubike.se.

Have a question?

Not sure exactly what we’re looking for or just want clarification? We’d be happy to chat with you and clear things up for you.

Call us

+46 08 7775 888

Email us

service@eubike.se