Terms and Conditions

 

I. About these Terms and Conditions

  1. These Terms and Conditions (“Terms”) govern the access or use of applications, content, products and services (“the Services”) made available by Bike Isara Co., Ltd. (BikeIsara) in Thailand.

  2. Please read these terms and conditions carefully before accessing or using the Services. Access to and use of the Services constitutes your agreement to be bound by these Terms.  Our staff, contractors and agents have no authority to make individual exceptions or amendments to these Terms.

  3. BIKEISARA MAY AMEND THESE TERMS FROM TIME TO TIME. YOUR CONTINUED ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO BE BOUND BY THE AMENDED TERMS.

  4. If you have an enquiry or complaint, or experience a problem using our service, please contact us through the Application or in writing at support@bikeisara.com.

 

II. The Services

  1. The Services comprise BikeIsara’s application, websites, content and services made available in Thailand that enable users to find, reserve, unlock and to rent bicycles provided by BikeIsara, where available.

  2. Unless otherwise agreed in writing by BikeIsara, the Services are made available solely for personal and non-commercial use in the designated operating zones. Details of BikeIsara’s operating zones can be found in the BikeIsara application, on BikeIsara’s website or by writing to BikeIsara at support@bikeisara.com.

  3. Subject to compliance with these Terms, you are granted limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to (i) access and use BikeIsara’s application (the Application) on your personal device solely in connection with your use of the Services and (ii) access and use any content, information and related materials that may be made available through the Services solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by BikeIsara and BikeIsara’s licensors.

  4. The Services and all rights therein are and shall remain BikeIsara’s property or the property of BikeIsara’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except as provided for in these Terms or permit you to use or reference in any manner BikeIsara’s company names, logos, product and service names, trademarks or services marks or those of BikeIsara’s licensors.
     

III. User Account

  1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”) accessible through the Application.

  2. You must be over 18 or older to register for an Account or use the Services. You may use a BikeIsara bicycle if you are 16 or older (“a minor”) and the minor’s parent or legal guardian (i) has registered the Account on behalf of the minor (ii) consents to and supervises the minor’s use of the Services (iii) guarantees, represents and warrants that they and the minor have accepted and agreed to these Terms and (iv) that they are, to the maximum extent permissible by applicable law, fully responsible and liable for all injuries, damages, costs and expenses arising from the minor’s use of the Services in accordance with these Terms and as provided for by law. Anyone under the age of 16 may not use the Services, including a BikeIsara bicycle. 

  3. Account registration requires you to agree to these Terms and to submit to BikeIsara certain personal information, such as your name, email and mobile phone number which will be held and processed in accordance with BikeIsara’s privacy policy.

  4. You are required, in accepting these Terms, to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services or may result in BikeIsara’s termination of your access to the Services.

  5. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

  6. Unless otherwise permitted by BikeIsara in writing, you may only register for one Account.

  7. BikeIsara reserves the right to refuse the registration of a user Account or to suspend or terminate a user Account in accordance with clause 12.

  8. You may not authorize third parties to use your Account nor assign nor otherwise transfer your Account to any other person or entity to access or use the Services.

  9. Where BikeIsara considers it necessary, you may be asked to provide proof of identity to access or use the Services and you may be denied access to or the use of the Services if you refuse or are unable to provide proof of identity. 
    By creating an Account you agree that BikeIsara may send you information by text message (SMS) or email to facilitate the use of the Services.
     

IV. Bike Access 

  1. BikeIsara bicycles can be found, reserved, unlocked and used when logged into your Account. Bicycles are unlocked by scanning the QR code on the bicycle.

  2. You are responsible for obtaining the data network access necessary to access and use the Services. Your mobile network’s data and messaging rates and fees may apply and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. BikeIsara 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.

  3. BikeIsara bicycles are locked by locking the bike manually or remotely through the Application.
     

V. Charges and Payments 

  1. The charging period will commence when the BikeIsara bicycle is unlocked. The charging period ends when the BikeIsara bicycle is locked (in accordance with paragraph IV.3, above).  The start and the end of the charging period constitutes one trip. 

  2. You will be charged for each trip on a BikeIsara bicycle according to the current rate and price list. Details of the prices and charges are available on the Application or upon written request to BikeIsara at support@bikeisara.com.  You shall not use BikeIsara Services if you don’t agree to the prices or charges.

  3. BikeIsara reserves the right to amend these Terms including the charges at any time but, where practicable, will use all reasonable endeavours to provide you with prior notification of any such amendments.

  4. The charging period and any charges imposed, including charges for lost, stolen or damaged bicycles, will be determined by BikeIsara using the data recorded on BikeIsara’s systems and that data shall be proof of the period of use. You must contact BikeIsara within 90 days of when the charge was made should you wish to dispute the amount charged. You agree that BikeIsara may, at its sole discretion, collect any charges imposed hereunder, including but not limited to charges for lost, stolen or damaged bicycles, directly from your debit card or credit card that you have registered at the time of registration.

  5. Prior to accessing a BikeIsara bicycle you need to furnish your Account with sufficient funds for your trip. The charges will be recovered from your Account at the end of each trip.  If sufficient funds are unavailable in your Account for the trip the outstanding sums will be debited when funds are next added to your Account. You will be unable to start a new trip on a BikeIsara bicycle until sufficient funds are available on your Account.  

  6. If a BikeIsara bicycle is damaged during the trip you must report the damage to BikeIsara as soon as it is safe to do so through the Application or by writing to support@bikeisara.com. Depending on the extent of the damage to the bicycle, BikeIsara may charge you a maximum sum of THB 5,000. If you park a BikeIsara bicycle outside of an operating zone and that bicycle is damaged at that location BikeIsara may charge you up to the maximum sum of THB 5,000.

  7. If a BikeIsara bicycle is lost or stolen during the trip you must notify the police and inform BikeIsara of any police incident number provided to you. BikeIsara may charge you up to the maximum sum of THB 5,000.

  8. If a BikeIsara bicycle is stolen at the end of the trip then BikeIsara may charge you a maximum sum of THB 5,000 if (i) you left the BikeIsara bicycle unlocked and the BikeIsara is not found or recovered within 14 days of when you first unlocked the BikeIsara or (ii) if you park a BikeIsara bicycle outside of an operating zone and that bicycle is stolen from that location. In the event the BikeIsara bicycle is later recovered BikeIsara will refund any charges made after the cost of any repairs has been deducted.

  9. If a BikeIsara bicycle is parked outside of an operating zone an additional bike relocation fee will be charged. Details of such a bike relocation fee, including but not limited to the price of such a fee, are available on our Application or upon written request to BikeIsara at support@bikeisara.com. You shall not use BikeIsara Services if you don’t agree to these charges.

  10. You hereby agree for BikeIsara to collect any charges or payments accruing from registration with BikeIsara and use of BikeIsara bicycles. You have the right to terminate this agreement at any time in accordance with the termination provisions set out at clause

  11. Upon termination of the Account you will be required to pay any outstanding charges for trips made where insufficient funds were available in your Account.

  12. BikeIsara may, in BikeIsara’s sole discretion, create and offer promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services (“Promo Credit”), subject to any additional terms that BikeIsara establishes for each Promo Code. You agree that Promo Credit is for your sole and personal use and may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted in writing by BikeIsara. Promo Credit may only be used pursuant to the specific terms that BikeIsara establishes for each Promo Code. The Promo Codes and Promo Credit have no cash value and may expire before any Promo Credit has been redeemed or used.  BikeIsara reserves the right to withdraw or disable any Promo Credit at any time and for any reason without liability.  BikeIsara reserves the right to withhold or deduct Promo Credit other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BikeIsara determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

  13. Where your Account is registered and maintained in a country or location which uses a currency that is different from the currency of the country or location where you use the BikeIsara service then: 
    a) the cost of each journey will be the cost of the journey in the country where you use the BikeIsara, and 
    b) charges will be made in the currency of the country where your Account is registered and payment will be made from that Account. BikeIsara converts your payment automatically. BikeIsara uses an exchange rate based on data from one or more third parties, such as OANDA. It is updated regularly, but may not be identical to the real-time market rate.
     

VI. Availability of BikeIsara Bicycles

  1. BikeIsara will always try to run a reliable service and ensure that BikeIsara bicycles are available. Sometimes part or all of the Services will be unable to operate for reasons beyond our reasonable control.

  2. During certain periods, BikeIsara bicycles may be in heavy demand so BikeIsara cannot always guarantee to have a bicycle available within a reasonable distance. 
     

VII. Your obligations

  1. You are personally responsible for each BikeIsara bicycle for the duration of any trip (from when you unlock the BikeIsara bicycle until you lock the BikeIsara bicycle).

  2. When using a BikeIsara bicycle you must be capable of riding and operating a bicycle competently on the roads and take all reasonable care to protect yourself through the use of a cycle helmet and necessary protective and reflective clothing. You must also:
    a) comply with these terms and conditions and all applicable laws and regulations; 
    b) make yourself familiar with the operation of the bicycle before commencing your trip; 
    c) check that the BikeIsara bicycle (including, without limitation, the tyres, brakes, saddle and frame) is roadworthy and safe before commencing your trip; 
    d) end your trip and use of the bicycle immediately in the event the bicycle suffers from any technical defects or is otherwise damaged at the beginning of, or at any point during, the trip. All such defects and damage should be reported to BikeIsara through the Application at the earliest and safest opportunity; 
    e) abide by the Highway Code; 
    f) observe all traffic signs and signals; 
    g) use the BikeIsara bicycle reasonably, considerately and responsibly; 
    h) take reasonable care of the BikeIsara bicycle; 
    i) secure all transported goods and items are fastened and/or secured effectively at all times; and 
    j) lock the bicycle when not in use.
     

  3. When using a BikeIsara bicycle you must not: 
    a) lock or secure the bicycle to any object or property during the trip; 
    b) leave a bicycle unattended, even if only for a short period of time; 
    c) use a bicycle to operate a courier service or other business; 
    d) give, lend or sell the bicycle to any other person or allow any other person to use the bicycle; 
    e) damage, deface, vandalise or tamper with the bicycle; 
    f) cycle with more than one person at a time; 
    g) add or attach accessories or trailers to the bicycle; 
    h) carry 
    - a load in the basket of more than 10 kilograms 
    - an object which overhangs the basket 
    - any animals, children or persons 
    - dangerous, hazardous or flammable substances or any object that is likely to cause injury to you or damage to the bicycle or injury or offence to any other person; 
    i) use the bicycle in a manner that causes or is likely to cause injury, harassment, alarm or distress to others; 
    k) use the bicycle in case of strong wind or stormy weather; 
    l) use the bicycle under the influence of drugs or alcohol; 
    m) transfer or move the BikeIsara bicycle or any part of it to any areas by means other than riding the BikeIsara bicycle in accordance with applicable laws and regulations, whether the bicycle is locked or not; and 
    n) use the bicycle outside of the operational zones. 
     

  4. When parking a BikeIsara bicycle you must follow all applicable laws and regulations. You agree to leave it at a designated parking spaces closed to your destination or in public, easy to access and conspicuous operational zones where it can be seen by passers-by and will not cause an obstruction or hazard to other road users.  You should use cycle standing or other parking facilities wherever possible and secure the bicycle so that it does not fall over and become a hazard or obstruction. In particular, it is not permissible to park bicycles: 
    a) on or near a road in a dangerous position; 
    b) at traffic lights or traffic signs; 
    c) at parking ticket machines or parking meters; 
    d) on walkways that are thereby reduce to a width of less than 1.5 metres; 
    e) in front of, in or near emergency exits or fire escapes; and 
    f) park the bike in any private-accessible places that prevent free access of other users to the use of bikes.
     

  5. When using the Services provided by BikeIsara you may not: 
    a) remove any copyright, trademark or other proprietary notices from any portion of the Services; 
    b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BikeIsara; 
    c) decompile, reverse engineer or disassemble the Services; 
    d) link to, mirror or frame any portion of the Services; 
    e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; 
    f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; 
    g) submit, upload or publish any defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content; 
    h) without the prior written consent of BikeIsara, publish any commercial or noncommercial advertisements; and 
    i) infringe any other party’s lawful rights, including without limitation intellectual property rights.

 

YOU UNDERSTAND AND AGREE THAT CONDUCTING ANY OF THE ABOVE PROHIBITED ACTS SHALL RESULT IN BIKEISARA’S DENIAL OF YOUR ACCESS TO OR USE OF THE SERVICES AND MAY ALSO INCUR FINES.

VIII. DISCLAIMER

  1. THE SERVICES MAY BE MADE AVAILABLE OR ACCESSED IN CONNECTION WITH THIRD PARTY SERVICES AND CONTENT (INCLUDING ADVERTISING) THAT BIKEISARA DOES NOT CONTROL. BIKEISARA DOES NOT ENDORSE SUCH THIRD PARTY SERVICES AND CONTENT AND IN NO EVENT SHALL BIKEISARA BE RESPONSIBLE OR LIABLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY PROVIDERS.  ACCESS TO THE SERVICES USING THESE DEVICES IS SUBJECT TO TERMS SET FORTH IN THE APPLICABLE THIRD PARTY’S TERMS AND CONDITIONS. 
     

  2. BIKEISARA, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (“BIKEISARA PARTIES”) HAVE TAKEN ALL REASONABLE CARE IN THE OFFERING OF THE SERVICES BUT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE APPLICATION AND THE UNDERLYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. BIKEISARA PARTIES SHALL NOT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR OTHER INFORMATION CONVEYED TO THE USER NOT FOR DELAYS OR INTERRUPTIONS OF THE DATA OR THE INFORMATION STREAM AND BIKEISARA PARTIES DO NOT GUARANTEE THAT THE APPLICATION AND OTHER SERVICES WILL BE AVAILABLE AT ALL TIMES.  YOU USE THE APPLICATION AND OTHER SERVICES AT YOUR OWN RISK.
     

IX. LIABILITIES

  1. YOU USE THE SERVICES, INCLUDING BIKEISARA BICYCLES, AT YOUR OWN RISK.

  2. YOU ARE LIABLE FOR ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR USE OF A BIKEISARA BICYCLE FROM THE MOMENT YOU UNLOCK THE BICYCLE UNTIL IT IS LOCKED AND IN RESPECT OF ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR PARKING OF THE BIKEISARA BICYCLE.

  3. YOU ARE LIABLE FOR THE LOSS OR DAMAGE OF ANY BIKEISARA BICYCLE WHICH YOU CAUSE INTENTIONALLY OR THROUGH YOUR NEGLIGENCE.

  4. YOU ACCEPT LIABILITY FOR ALL INJURY, DAMAGE OR LOSS ARISING FROM YOUR NONCOMPLIANCE WITH YOUR OBLIGATIONS AS DEFINED IN THESE TERMS.

  5. BIKEISARA IS LIABLE FOR INJURY, DAMAGE OR LOSS THAT IS CAUSED INTENTIONALLY BY BIKEISARA OR THROUGH BIKEISARA’S NEGLIGENCE.

  6. BIKEISARA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. BIKEISARA SHALL NOT BE LIABLE FOR ANY OTHER LOSS ARISING OUT OF YOUR USE OF THE SERVICES, SAVE AS REQUIRED BY LAW. 
     

X. Indemnification


You agree to indemnify and hold BikeIsara and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

a) your use of the Services or services;

b) your breach or violation of any of these Terms;

c) your violation of the rights of any third party, including those injured in accidents.
 

XI. Refusal, Suspension and Termination of Account

  1. You or BikeIsara may terminate their contractual relationship and so terminate your Account at any time.

  2. You may terminate your Account by contacting BikeIsara at support@bikeisara.com.

  3. If at any time you do not comply with these Terms and/or any applicable laws or regulations while using a BikeIsara bicycle or any other Service, BikeIsara reserves the right to terminate or suspend your use of the Service, including the hire of BikeIsara bicycles.

  4. Information obtained by the police regarding non-compliance with these Terms and any applicable laws or regulation while you are using a BikeIsara bicycle may be disclosed to us and we may use such information to terminate or suspend your use of the Services, including the hire of BikeIsara bicycles.

  5. Where your Account is terminated BikeIsara will refund any outstanding credit on your Account once all deductions have been made for monies owed through use of the Services. Any outstanding amounts will be refunded within 2 weeks.

  6. If you have used or attempted to use a payment method to defraud us, BikeIsara may terminate your Account without payment of any refund to you.

  7. BikeIsara may refuse the registration of an Account if: 

    a) a user has previously been suspended using the BikeIsara service or had their account terminated for failing to adhere to the Terms or any applicable Thai laws and regulations; 

    b) there are outstanding sums payable to BikeIsara arising from a previous use of the Service; 

    c) BikeIsara receives a police instruction that you have committed a cycling offence in accordance with any applicable Thai laws; or 

    d) BikeIsara has reason to believe that you are attempting or have attempted to use a payment method to defraud BikeIsara. 
     

XII. Complaints and disputes

  1. Any complaints should be made to support@bikeisara.com.

  2. These Terms constitute the entire agreement and understanding of the parties with respect to their subject matter and replaces and supersede all prior Terms and agreements between the parties regarding the use of BikeIsara Services.

  3. These Terms and your use of the Services are governed by the laws of Thailand. 
     

XIII. Other information

  1. Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.

  2. You may not assign or transfer any of your rights under these Terms in whole or in part to any other person without BikeIsara’s prior written consent.

  3. BikeIsara may assign or transfer these Terms in whole or in part, including to: 
    a) a subsidiary or affiliate; 
    b) an acquirer of BikeIsara’s equity, business or assets; or 
    c) a successor by merger.

  4. If there is a conflict between the English version and any translation of these terms and conditions, the English version shall apply. 

  5. Legal ineffectiveness of any part of these Terms does not affect the validity of the remainder of the Terms. Should a provision of the Terms be or become ineffective or unfeasible, the validity of the remainder of the Terms shall remain unaffected.  In the event that a provision of these Terms is illegal, invalid or unenforceable for whatever reason, the parties shall replace that provision, or part thereof, with a provision that is legal, valid and enforceable and which has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, or part thereof.
     

Contact Us

For any queries or matters arising out of these Terms or for technical support contact BikeIsara through the Application or write to us at: support@bikeisara.com

© 2018 Bike Isara Co., Ltd. All rights reserved

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