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11401

Standard Membership Agreement for the YouBike Public Bicycle Rental System

Services
YouBike is a public bicycle rental system provided by Youbike Co., Ltd. (hereinafter the "YouBike") with the approval of the county/city authorities where the docking stations are located. YouBike offers an automated point-to-point rental and return service by which the user may rent one bicycle in a place and return it in another (hereinafter the "Service"). In addition to the public bicycle rental service in the county/city where the member is registered, the member may also use the Service in the compatible systems in other areas as agreed by YouBike.

Article 1 Definition of Terms

Member: A person who has completed the registration process on YouBike official website, service center, kiosk (automated self-service machine), and YouBike official application.

Bicycle rental: The behavior that the member uses a designated transportation card/ mobile payment tool to rent the public bicycle at docking stations that YouBike has supported.

Return: The behavior is that the member returns the public bicycle to the docking station that YouBike has supported, while the rental fee is charged through the designated transportation card /mobile payment tool.

Single rental user: 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 2.0: YouBike public bicycles in white and yellow.

YouBike 2.0E: YouBike public e-bicycles in white and orange.

Article 2 Personal Data Regulations

Categories of Collected Personal Data

In accordance with the Personal Data Protection Act, the categories of personal data provided by members to YouBike 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 transportation 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”, members’ personal data 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 Personal Data Usage

1. For the duration of the specific purpose.
2. As required by relevant laws, regulations or as necessary for the execution of the YouBike’s business, whichever period is longer.

Location where the Personal Data is Used: Taiwan.

Recipients and Methods of Personal Data Usage

1. Members’ personal data will be used internally by YouBike, competent authorities, affiliated companies, and partners within the scope of the collection purposes as stated above.
2. YouBike 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 out 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:

Pursuant to Article 3 of the Personal Data Protection Act, a member may exercise the following rights with YouBike:
1. Inquire or request access to their personal data;
2. Request a copy of their personal data;
3. Supplement or correct their personal data;
4. Demand the cessation of collecting, processing or using their personal data; and
5. Delete their personal data.

Impact on Rights Without Providing Personal Data:

You may decide whether or not to provide your personal data at your own discretion. However, if you choose to opt out, you will not be able to sign up for YouBike membership 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. Members shall also agree the following content:

Not to obtain the electronic stored value card number or electronic payment account by improper means such as theft or fraudulent use.

Notify YouBike immediately of any unauthorized use of their electronic stored value card, electronic payment tool, electronic wallet, or any other security problems.

Article 4 Protection of Children and Teenagers

Members who have no capacity, 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, YouBike 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. YouBike 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 when there is no dock available for return, YouBike 2.0 and 2.0E system provides an additional time function that allows members to get additional usage time which is free of charge to return the bicycle to a nearby station or wait at that station.

The valid 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 YouBike from the order of the competent authority.

The bicycles provided by this Service are only suitable for people who between 140cm and 190cm in height. Those who exceed or fall below this height range are not allowed to rent the bicycles. YouBike 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. Members shall comply with the relevant laws and regulations and safe road riding practices in Taiwan. In addition, members shall respect the right of way, including yielding to pedestrians and to traffic on the main road. Members shall use the Service in conformity with the following principles:

1. To ensure their own safe riding conditions, members should avoid or stop renting bicycles when they are not mentally and physically fit enough to ride safely and properly.
2. They 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. They should obey the instructions of road traffic signs, markings and signals. Follow the directions of the traffic police.
4. They should be aware of not entering the fast lane when riding a bicycle and shall not cross the road at a no-crossing zone.
5. When riding, they should stay alert to their surroundings. Be aware of road conditions and maintain a safe distance between vehicles.
6. Members are advised to brake gently with rear wheel first, then the front wheel. Avoid brake sharply to keep the ride comfortable and safe.
7. Members are advised to slow down when the road is wet and slippery. Be aware when riding downhill.
8. When cycling, members should refrain from competing for the lead, lane, parallel racing or other dangerous riding.
9. When overtaking, one should do so at a point on the slow lane where it is possible to pass the vehicle in front, overtaking on the left side of the vehicle and then returning to the original lane.
10. Members should not infringe others’ rights and violate the law through this Service. In addition, members should follow the fair use of rental principle, and should not occupy the Service for a long-term period in an inappropriate way.
11. The Service is operated on an unmanned management. Before renting the bicycles, members should check the instructions regarding the operation on YouBike official website, official application, and at the docking stations. If the Service is malfunctioning, do not rent the bicycles. If the Service is malfunctioning with 5 minutes, return the bicycles at the original station or contact customer service. This rental will not be charge.

If a member loses a bicycle during the rental period, they must promptly report the loss to the nearest police station and provide the police report to the company, unless there is a legitimate reason preventing them from doing so. The rental relationship will be considered terminated only after the member submits the police report and pays the rental fees incurred from the start of the rental to the time the loss occurred (as indicated on the report). If the loss is attributable to the member or to a third party as defined in Article 10, Paragraph 3 of this agreement, and the bicycle is not recovered with three months from the date of loss, the member shall compensate the company based on the following rates: NT$15,000 for YouBik3 2.0, and NT$25,000 for YouBike 2.0E.
If the bicycle is later recovered and returned to the company, the company will refund the member (without interest) any remaining amount from the compensation paid, after deducting 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 at the station. One electronic stored-value card or electronic payment account is for one vehicle. No duplicate collection of a bicycle is allowed.

Single rental users should pay the rental fee by credit card and follow the instructions on official application for YouBike 2.0 and 2.0E rental procedure.

YouBike’s bicycle may only be ridden by a single person. It is not allowed to carry passengers, overload, modify, and carry the following items:

1. Prohibited items.
2. Dangerous items.
3. Items that are unclean or liable to deface the bicycle.
4. Animals unfit to travel on a vehicle.
5. Items that affect the cycling safety.

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.

During the rental period, the member shall be responsible for all traffic fines and incurred with the rented bicycle. If the company pays or fulfills such obligations on behalf of the member, the member shall compensate the company for any resulting damages. In cases where the bicycle is towed, the member shall bear all related storage fees, fines, and other related expenses.

If a collision or damage involving the bicycle results in injury, death, or property loss to the member or a third party, the member must, unless unable to do so, promptly report the incident to the police and notify the company. The rental agreement shall be deemed terminated upon notification. If the incident is attributable to the member, the member shall bear all legal and compensation responsibilities. If the bicycle is damaged due to the member’s fault, the member shall be liable for compensation.

In the event of a traffic accident during the use of this service, the member must immediately call 110 (police) and notify the company, as well as take necessary measures such as photographing the scene and relocating the bicycle to avoid traffic obstruction or further accidents. If there are injuries or fatalities, please call 119 immediately for assistance. The member shall be responsible for all resulting rescue costs, repair expenses, rental fees during the repair period, and any damages to third parties.

Members must exercise the duty of care of a prudent administrator in safeguarding the bicycle. Selling, pawning, mortgaging, or self-repair of the bicycle is strictly prohibited. The ownership of any lost bicycle remains with the company. The company will conduct public searches during the loss period, and any recovered bicycles must be returned.

The company has insured the following types of coverage in accordance with government policies for public bicycle services:

1. Product Liability Insurance: Coverage of USD 5,000,000.
2. Public Accident Liability Insurance: Coverage of NT$24,000,000.
3. Public Bicycle Liability Insurance: Maximum payout of NT$2,000,000 per person for injury or death.
4. Public Bicycle Injury Insurance: Maximum payout of NT$1,000,000 per incident for disability or death; NT$1,000 per day for hospitalization due to injury.

Article 6 Payment Methods and Rates

Rates are based on announcements on the official website of each region where the member rides (http://www.youbike.com.tw/).

Cross-county rental and return policies for YouBike 2.0 and YouBike 2.0E follow the announcements on the official website (http://www.youbike.com.tw/).

Article 7 Service Change, Termination, Suspension, or Interruption

The company reserves the right to change service content in accordance with laws or government authority directives.

Members must ensure the accuracy and completeness of their personal information. If incorrect, incomplete, or false information is provided, the member shall bear any resulting damages or disadvantages (including but not limited to limitations of public bicycle injury insurance coverage). The company also reserves the right to suspend or terminate all or part of the member’s use of the service.

If a member violates the laws of Taiwan or the terms of this agreement, the company may terminate or suspend the member's access to the service. The member shall be liable for any damages caused to the company.

The company may terminate a member’s account and delete related data and transaction records upon receiving notification from the member, their agent, or assignee, by government order, in accordance with regulations, or if the member has not used the service for more than two consecutive years.

Members may not transfer their membership to a third party.

Article 8 Advertisements

All advertisements, descriptions, samples, or sales information viewed by members through this service are the responsibility of the advertiser. The company shall not be liable for such content unless it knowingly or negligently allows false advertisements to be published.

Article 9 Intellectual Property Rights

All hardware, software, programs, and website content used by the company, including but not limited to text, images, files, information, data, website structure, layout, and design, are owned by the company or other rightful owners and are protected by law, including but not limited to trademark rights, patent rights, copyrights, trade secrets, and proprietary technologies. No one may use, modify, reproduce, publicly broadcast, transmit, adapt, distribute, publish, decompile, reverse engineer, or disassemble them without authorization.

Members must obtain prior written consent from the company or the rights holder before quoting or reproducing any of the aforementioned content. Any violations shall render the member liable for damages in accordance with the law.

The company and its affiliates retain the rights to the names, logos, and designs related to this service (hereinafter referred to as "YouBike trademarks"). These are protected under the Trademark Act and Fair Trade Act. No one may use the YouBike trademarks for commercial purposes without prior written consent from the company.

Article 10 Validity of the Agreement

By using this service, the member is deemed to have read, understood, and agreed to all the terms of this agreement.

If the member is not legally competent, their legal representatives and guardians must read, understand, and consent to these terms before the member may use the service.

If a member lends their registered e-ticket/e-payment account or bicycle to a third party, they must ensure that the third party is aware of and agrees to this agreement. The member shall be jointly and severally liable with the third party for any obligations arising under this agreement.

All rights and obligations described in this agreement also apply to single rental users, except for provisions specific to e-ticket/e-payment services.

Article 11 Amendments Modifications and Termination of the Agreement

Any amendments, modifications, or termination of this agreement will be announced on the company’s website and app and notified to members in an appropriate manner.

Article 12 Governing Law and Jurisdiction

The interpretation and application of this agreement, as well as any disputes related to it, shall be governed by the laws of Taiwan. The Taipei District Court in Taiwan shall be the court of first instance.

The company’s failure to enforce any provision of this agreement shall not be deemed a waiver of such provision. If any provision is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect

Article 13 Lessor Information

Name of Lessor: YouBike Co., Ltd.

Responsible Person: Yang Liu Li-Chu

Address: 17F., No.51, Sec. 2, Keelung Rd., Xinyi Dist., Taipei City

YouBike 2.0 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.