Standard Membership Agreement for the YouBike Public Bicycle Rental System
YouBike is a public bicycle rental system provided by Youbike Co., Ltd. (hereinafter the "Company") with the approval of the county/city authorities where the docking stations are located, offering an automated point-to-point rental and return service by which the user may rent one bike in a place and return it in another (hereinafter the "Service"). In addition to the public bicycle rental service in the county/city in which the member is registered, the member may also use the Service in the compatible systems in other areas as agreed by the Company.
Article 1 Definition of Terms
- Member: means a person who has completed the registration process on YouBike's official website, at its service center, kiosk (automated self-service machine), app, etc.
- Bicycle rental: means the rental of a public bicycle by a member using a designated electronic stored value card/e-payment tool at a rental station where the Company provides the Service.
- Return: means that a member returns a public bike to a public bike docking station where the Service is available from the Company and completes the payment by using a specified electronic stored value card/electronic payment.
- One-time renter: means a person who is not a member and makes a one-time rental and return of a public bicycle using a credit card.
- YouBike 1.0: means YouBike public bicycles in orange and yellow.
- YouBike 2.0: means YouBike public bicycles in white and yellow.
- YouBike 2.0E: means YouBike public e-bicycles in white and orange.
Article 2 Personal Data Regulations
- Types of Personal Data Collected
In accordance with the Personal Data Protection Act, the categories of personal data provided by members to the Company for the use of the Service include: name, National ID Card number, date of birth, mobile phone number, e-mail address, credit card number and electronic stored value card number or electronic payment account information.
- Purposes of Personal Data Collection
According to the "Specific Purposes under the Personal Data Protection Act and Categories of Personal Data," personal data of members will be used for the following purposes: (001) personal insurance, (063) collection, processing and use of personal data by non-government agencies as defined by law, (069) contracts, similar contracts or other legal relationship matters, (090) consumer, customer management and services, (135) information (communication) services, (136) information (communication) and database management, (137) cyber security and management, (157) surveys, statistics and research analysis, and (181) other business activities as defined in the business registration or the articles of incorporation.
- Period of Use of Personal Data
1)For the duration of the specific purpose.
2)As required by relevant laws and regulations or as necessary for the execution of the Company's business, whichever period is longer.
- The Territory Where the Personal Data is Used: Republic of ChinaTaiwan.
- Recipients and Methods of Use of Personal Data
1)The personal data of the members will be used internally by the Company, the competent authorities, affiliated companies and partners within the scope of the collection purposes as stated above.
2)The Company may, in accordance with the policies of the respective county/city governments and relevant regulations, use the personal information registered by the members to take outinsure public bicycle injury insurance on behalf of the members.
3)Methods: The personal data will be used by automated machines or other non-automated means.
- Inquiry, Access and Deletion of Personal Data:
1)Pursuant to Article 3 of the Personal Data Protection Act, a member may exercise the following rights with the Company:
2)Inquire about or request access to their personal data;
3)Request a copy of their personal data;
4)Supplement or correct their personal data;
5)Demand the cessation of the collection, processing or use of their personal data; and
6)Erase their personal data.
- Impact on Your Rights if You Do Not Provide Personal Data:
You may decide whether or not to provide your personal data at your own discretion, but if you choose to opt out, you will not be able to sign up for membership of the Company and will not be able to gain access to the relevant services.
Article 3 Use of Electronic Stored Value Card and Electronic Payment
After completing the registration process for the Service, members shall be responsible for maintaining the confidentiality and security of the electronic stored value card and electronic payment, and agree to the following:
- Not to obtain the electronic stored value card number or electronic payment account by improper means such as theft or fraudulent use.
- To notify the Company immediately of any unauthorized use of their electronic stored value card, electronic payment tool or electronic wallet or any other security problems.
Article 4 Protection of Children and Teenagers
Members who have none capacity or have a limited capacity to make juridical acts, or who are subject to the order of commencement of assistance under the Civil Code shall be allowed to use the Service only after their statutory agents or assistants have read, understood and agreed to all the contents of this Agreement. When the members referred to above use the Service, the Company shall presume that their statutory agents and assistants have read, understood and agreed to be bound by this Agreement.
Article 5 Notes on the Use of the Service and Riding
- Those who have completed the registration and become a member are merely eligible to use the Service. The Company does not guarantee that the member can rent and return the bicycle at any time and shall not be liable for any damage arising therefrom. When a member wishes to terminate a rental and there is no dock available for return, the YouBike 1.0 system provides an extra time function that allows members to get additional usage time free of charge to return the bike to a nearby station or wait at that station,and YouBike 2.0 users can also process it through the app.
- The effective period of the membership shall commence on the date of completion of registration and shall expire on the date when any of the circumstances specified in Article 7 of this Agreement has taken place or when the Service is discontinued by the Company by order of the competent authority.
- The bicycles provided by this Service are only suitable for use by persons between 140cm and 190cm in height, and those who exceed or fall below this height range are not allowed to rent the bicycles. The Company will not be liable for any damage caused as a result.
- Members shall not use the Service for any illegal purpose or in any illegal manner, shall comply with the relevant laws and regulations and safe road riding practices in Taiwan, shall ride under the premise of respecting the right of way and yielding to pedestrians and to traffic on the main road, and shall use the Service in conformity with the following principles:
1)To ensure their own safe riding conditions, members should avoid or stop hiring bikes when they are not mentally and physically fit enough to ride safely and properly.
2)MembersThey should observe the provisions of Chapter 3 Slow-moving Vehicles of the Road Traffic Management and Penalty Act and Chapter 5 Slow-moving Vehicles of the Road Traffic Safety Rules.
3)MembersThey should obey the instructions of road traffic signs, markings and signals and follow the directions of the traffic police.
4)MembersThey should take care not to enter the fast lane when riding a bicycle and shall not cross the road at a no-crossing zone.
5)When riding, membersthey should stay alert to their surroundings, be aware of road conditions and maintain a safe distance between vehicles.
6)MembersThey are advised to brake the rear wheel first to reduce speed and then brake the front wheel, avoiding emergency braking as much as possible to keep the ride comfortable and safe.
7)MembersThey are advised to slow down when the road is wet and slippery and when riding downhill.
8)When cycling, membersthey should refrain from competing for the lead, lane, parallel racing or other dangerous riding.
9)To overtake, membersthey should go past a moving vehicle ahead along the left side in the slow lance where overtaking is possible before moving into the original lane.
10)Members should not use the Service to engage in acts that infringe on the rights of others or contravene the law, and should cooperate with the principle of fair use of the rental, and should not occupy the Service in an opportunistic manner for a continuous or long-term period, causing inconvenience to other users.
11)This Service is run on an unmanned basis. Before renting a bicycle, members should follow the instructions and directions posted on the Company's official website, official app or at rental stations to check whether the bicycle is in working order and avoid renting if there is any anomaly. If anything is found to be wrong or irregular with the bike within 5 minutes of rental, they members should immediately return the bike to the original rental station or contact customer service for assistance, and the Company will not charge for the rental.
- If a member accidentally loses his/her bicycle during the rental period, except in cases where the loss cannot be reported to the police authority, he/she should go through the reporting procedure at the nearest police station promptly and present the proof of the report to the Company, and pay the rental fee from the time of rental to the time of loss (as stated in the proof of report), and the rental relationship will be terminated immediately. The member shall compensate the Company at the rate of NT$9,000 for YouBike 1.0 and , NT$15,000 for YouBike 2.0 and NT$25,000 for YouBike 2.0E if the bicycle has not been recovered for more than three months from the date of loss due to any cause that is imputable to the member or the third party referred to in Paragraph 3, Article 10 of this Agreement. If the vehicle bicycle is later recovered and returned to the Company, the Company will refund the remaining amount to the member without interest up to the amount of compensation paid by the member and less any necessary maintenance and repair costs.
- Members should pay the rental fee by electronic stored value card or electronic payment. Members should use their registered and activated electronic stored value card or electronic payment account to rent a vehicle bicycle at the station. One electronic stored-value card or electronic payment account is for one vehicle bicycleand no duplicate collection of a bike is allowed.
- One-time users should pay the rental fee by credit card and follow the instructions on the kiosk for the rental and return of the YouBike 1.0 bicycle, or follow the instructions on the official app for the rental and return of the YouBike 2.0 bicycle.
- YouBike’s bicycle shouldmay only be ridden by a single person and may should not carry passengers, be overloaded or modified, nor may should it carry the following items:
3)Articles Objects which are unclean or liable to deface the bicycle.
4)Animals unfit to travel on a vehiclebicycle.
5)Articles Objects that affect the safety of the riding.
- Members may not use the bicycles for commercial or non-commercial purposes such as marketing, advertising, promotion, filming, product display, etc. without the prior written consent of the Company.
- The member shall be responsible for all traffic fines and penalties on the rented vehicle bicycle during the rental period, and shall be liable to the Company for damages if the Company pays or performs the duties on behalf of the member. If the bicycle is towed away, the member shall bear the relevant charges for custody, fines and fees.
- In the event of a collision or damage to a bicycle resulting in bodily injury or death or property damage to the member or a third party, the member shalould immediately report the incident to the police and notify the Company and the rental relationship shall be terminated, except in cases where the incident cannot be reported to the police. If the cause of the accident incident can beis attributed to the member, the member shall bear the legal responsibilities and compensation responsibilities. The member shall be liable for any damage to the bicycle as a result of any cause imputable to the member.
- If a traffic accident occurs during the use of this Service, the user should immediately call 110 to report to the police and notify the Company, and take photographs for evidence and move the vehicle bicycle to avoid obstruction of traffic and recurrence of accidents. In case of casualties, please call 119 immediately for assistance. The member shall be responsible for all costs incurred in the accident, including rescue and repair fees, rental fees during the bicyclke repair period, and any damage caused to third parties.
- When mMembers should use the bicycle with the care of a good administrator, they should exercise their duty of care as good stewards and are prohibited from selling, pledging, pawning or repairing the bicycle themselves. Bicycles lost during such period shall be searched for and announced by Tthe Company will publicly disclose the lost bicycles for searching, and the ownership of such bicycles shall still remain with the Company, as well as those found.
- If a member loses the key of the YouBike 1.0bicycle’s lock, he/she shall notify the Company forthwith and shall pay the cost of the key of the lock in the amount of NT$200.
- The Company has taken out the following insurance policies in respect of the Service, with its public bicycle liability and public bicycle injury insurance provided in conjunction with the authorities' policies.
1)Product Liability Insurance: Insured amount of US$5 million.
2)Public Accident Liability Insurance: Insured amount of NT$24 million.
3)Public Bicycle Liability Insurance: up to NT$2 million in payouts per person for bodily injury or death.
4)Public Bicycle Injury Accident Insurance: up to NT$1 million in payouts for disability or death as a result of an accident and NT$1,000 in daily benefit for hospital stays.
Article 6 Payment Method and Rate
- Based on the announcement on the official website (http://www.youbike.com.tw/) of the area where the member cycles.
- YouBike 1.0 and YouBike 2.0 inter-county/city rental and return policies are subject to the announcement on the official website (http://www.youbike.com.tw).
Article 7 Change, Termination, Suspension or Interruption of Services
- The Company reserves the right to change alter the contents of the Services in accordance with the law and as ordered by the competent authorities.
- Members must ensure the accuracy and completeness of their own personal information at all times. If the personal information in registration is inaccurate, incomplete or incorrect, the damage or disadvantage arising therefrom (including but not limited to the coverage of the public bicycle injuryaccident insurance) shall be shouldered by the members, and the Company may suspend or terminate their use of the Service in whole or in part.
- If a member violates the laws of Taiwan R.O.C. and or the provisions of this Agreement, the Company may terminate or suspend the member's right to use the Service; if the Company suffers damage as a result, the member shall bear the liability for damages.
- The Company may terminate the member's account privileges and delete the account data and transaction records if it is notified by the member, his/her agent or trustee, or by order of the government authorities, or in accordance with the relevant laws and regulations, or if the member has not used the Service for more than two consecutive years.
- A member shall not transfer his/her membership to a third person.
Article 8 Advertisements
The Company shall not be liable for any compensation for the content of all advertisements, descriptions of text and images, display samples or other sales information viewed by members in this Service, except in circumstances where the Company knows or has access to know that the advertisement contains untrue facts and still publishes it.
Article 9 Intellectual Property Rights
- All contents on the hardware, software or programs, website and kiosk used by the Company, including but not limited to writings, images, files, information, data, website structure, website screen arrangement and website design, are the intellectual property of the Company or other right holders in accordance with the law, including, without limitation, trademarks, patents, copyrights, trade secrets and proprietary technology. No person may use, modify, reproduce, publicly broadcast, adapt, distribute, publish, publicly release, reverse engineer, decompile or disassemble such content without permission.
- Members who wish to quote or reproduce the contents as stated in the preceding paragraph shall obtain prior written consent from the Company or other right holders pursuant to the law. In case of contravention, the members shall be liable for damages as provided by lawthe compensation.
- The name, design, presentation, etc. of goods or services associated with the Service (hereinafter the "YouBike Trademarks"), as registered or used by the Company and its affiliates for the purpose of marketing and promoting the Service, are protected by the Trademark Act and the Fair Trade Act, etc. No person may use the YouBike Trademarks for profit-making purposes without the prior written consent of the Company.
Article 10 Validity of this Agreement
- The member shall be deemed to have read, understood and agreed to accept all the contents of this Agreement when using this Service.
- Members who do not have full disposing capacity to make juridical acts shall not be allowed to use the Service until their statutory agent or guardian has read, understood and agreed to all the contents of these terms of the Service, except that the foregoing shall also apply.
- If the member lends or transfers the registered electronic stored value card/electronic payment account or the bicycle provided by the Service to a third party, the member shall guarantee that the third party is aware of and agrees to the contents of this Agreement and shall be jointly and severally liable with the third party for the obligations arising from this Agreement.
- The membership rights and obligations set out in this Agreement shall apply mutatis mutandis to all one-time users, except for the rules governing the use of electronic stored value cards/electronic payments.
Article 11 Additions, Modifications and Termination of this Agreement
Any additions, modifications or terminations of this Agreement shall be announced on the Service's website and app and shall be notified by appropriate means.
Article 12 Governing Law and Court of Jurisdiction
- The interpretation and application of this Agreement and any dispute arising out of or in connection with this Agreement shall be governed by the laws of Taiwan and the Taiwan Taipei District Court shall be the court of jurisdiction for the first instance.
- The failure of the Company to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held invalid by a court of competent jurisdiction, the remainder shall survive and remain in force.
Article 13 Lessor Information
- Name of Lessor: Youbike Co., Ltd.
- The Statutory RepresentativeResponsible Person: Yang Liu Li-chu
- Address: 17F.-2, No.51, Sec. 2, Keelung Rd., Xinyi Dist., Taipei City
- YouBike 1.0 service line: 02-89785511 (Taipei), 02-89785522 (New Taipei)
- YouBike 2.0 and YouBike 2.0E service line: 02-89788822
- Please refer to the official website of YouBike in the respective counties or cities for notes on the use of the YouBike public bicycle rental system service.