This DiDi Bike Rental Service Agreement (hereinafter referred to as this “Agreement”) is made and entered into by and between the following parties in accordance with the Contract Law of the People’s Republic of China as well as other related laws and regulations.
1.1 User or you: Any person who, after signing this Agreement by clicking the “Agree” option, registers as a member of the DiDi Bike Platform and becomes an end user of rental bicycles on the DiDi Bike Platform.
1.2 Lessor: Hangzhou Qingqi Technology Co., Ltd., which is the owner and operator of DiDi bikes available for rental through the DiDi Bike Platform and provides bicycle rental services to users through the DiDi Bike Platform.
2.1 User shall possess appropriate capacity for civil conduct (that is, User must be at least 12 years old and in good health. Users younger than 12 years old or suffering from any disease which could affect riding, including but not limited to epilepsy, heart disease, hypertension, temporary vertigo, visual impairment, hearing impairment, or disability, may not use the services hereunder). If you do not possess the appropriate capacity for civil conduct as set out above, you and your guardian(s) shall be held legally liable for any and all consequences arising therefrom.
2.2 User warrants that registration information and other data submitted to the DiDi Bike Platform (including but not limited to mobile phone number, ID card, and other supporting materials) is legal, authentic, and valid. User further warrants that he/she will complete the real name verification process in accordance with the relevant directions and registration instructions from the DiDi Bike Platform. If any information the User submits is illegitimate, false, or invalid, the Lessor shall have the right to suspend or terminate the provision of the services hereunder to you.
3.1 If User unlocks a bike of Lessor via the DiDi Bike Platform QR code scanning feature, a rental order shall be deemed to be commenced, and the rent and relevant service fee(s), if any, shall be calculated on the basis of the fee schedule or pricing rules displayed on the DiDi Bike Platform.
3.2 User shall lock the bike immediately after arriving at the destination and completing the order. Locking a bike shall be deemed to be concluding the rental order for such bike. Rent actually incurred along with relevant service fee(s), if any, will be displayed on the DiDi Bike Platform, and User shall promptly and fully make such payments in the relevant payment method (including but not limited to, WeChat, Alipay, credit card, or debit card, provided that the payment method(s) indicated on the DiDi Bike Platform shall take precedence).
4.1 Rights and Obligations of User
4.1.1 User shall use the bike service in compliance with the following principles:
(1) User shall comply with all applicable laws and regulations such as the Road Traffic Safety Law and special regulations of the place where the riding occurs, and User shall obey the commands and directions of traffic police; (2) User shall comply with the network agreements, provisions, and procedures in connection with the DiDi Bike services; (3) User may not employ technical means to engage in unauthorized access to, recording of, stealing of, or dissemination of data and relevant information related to the DiDi Bike services; (4) User may not utilize the bike rental services in any way to engage in any conduct that would be detrimental to the legitimate rights and interests of Lessor; (5) User may not use the DiDi Bike rental services for any illegal purpose; (6) Without prior consent of Lessor, User may not move a bike nor any of its components to any area by any means other than through the course of normal riding, regardless of whether such bike is locked or unlocked;4.1.2 User shall comply with the User Guide to Proper Riding (the “Guide”) issued by the DiDi Bike Platform. If User utilizes DiDi bikes improperly, the DiDi Bike Platform is entitled to impose actions upon User in accordance with the Guide, including but not limited to credit score adjustment, temporary or permanent blocking of his or her account and/or restriction on or termination of provision of bike services for him or her, and as appropriate, report such improper utilization to the police.
4.1.3 In the event that User is subject to administrative punishment or any governmental sanction as a result of his or her illegal riding, use, or parking of a bike of Lessor, Lessor is entitled to take action against User, including but not limited to adjusting User’s credit score, temporarily or permanently blocking User’s account, and/or restricting or terminating the provision of the bike services to User, depending on the severity of such illegal riding, use, or parking. User shall, in accordance with the Measures for Handling Road Traffic Accidents and other relevant provisions, cooperate with public security and traffic authorities in handling any traffic accidents which may occur during riding.
Lessor shall not be liable for any incident or accident suffered by User, unless User proves that such incident or accident occurs for a reason attributable to Lessor or is a direct result of an inherent defect in the bike.
4.1.4 Before actually checking out a bike, User shall fully exercise the duty of care and inspection with respect to such bike to confirm that each component of the bike is complete and in good working order. User shall furthermore familiarize himself or herself with the performance and safety devices of such bike. User shall stop using a bike immediately if the bike is found to be defective. If User continues to ride a bike even if there is an obvious potential safety risk in such bike, User shall be solely liable for any and all adverse consequences arising therefrom.
4.1.5 To return the bike, User shall properly lock the bike and complete relevant return procedures. If the bike cannot be locked as a result of a fault in the lock, User shall immediately call the customer service hotline so that measures can be promptly taken to ensure the safety of the bike and to address such fault. In the event that a bike is stolen or damaged as a result of failure to lock such bike or failure to successfully complete the return procedures for any reason attributable to User, User shall be liable to Lessor for any and all consequential losses, provided that the lock is free from any fault.
4.1.6 During the rental of a bike and up to the return of the bike to the specified point of service, User shall properly keep and look after his or her personal belongings. Lessor has no obligation to keep or care for User’s personal belongings, and User assumes all risk of loss with respect to such belongings.
4.1.7 User shall be liable to Lessor for the cost of repair of a bike that is damaged during rental by User, including unauthorized disassembly of the bike by User, damage to the bike as a result of a traffic accident occurring when User is riding the bike, and damage to the bike by any third party during the rental of the bike by User.
4.1.8 Where a bike is detained by relevant administrative authority as a consequence of illegal riding of such bike by User, User is obliged to apply to the relevant authority for releasing such bike from detainment after paying relevant fines or assuming other administrative punishments in accordance with law, and User shall be liable to Lessor for any reasonable loss incurred due to service outage during such detainment.
4.1.9 User shall assume the duty of safekeeping of a rented bike as long as such bike is being rented to such User, and in the event of loss of or damage to such bike as a result of failure of User to exercise the duty of safekeeping, such User shall be held liable to compensate Lessor for the actual value of such bike.
4.2 Rights and Obligations of Lessor
4.2.1 In consideration of the special characteristic of the services hereunder, User agrees that Lessor has the right to change, suspend, or terminate the services, in whole or in part, at any time, provided that Lessor shall give User prior notice, except for emergency situations. If the service to be changed, suspended, or terminated is a paid service, Lessor shall refund the remaining service fee to the affected User without bearing any other liability.
4.2.2 Lessor has the right to audit and supervise the utilization of the rental bike service by User, including but not limited to assessment of User's utilization of the bike and review of information stored by User on the DiDi Bike Platform. If User violates any provision hereof or the relevant laws and regulations when using the bike service, Lessor has the right to require User to remedy such violation or take all necessary actions to mitigate the effects of misconduct (if any), including but not limited to alteration or deletion of information uploaded or stored by User, discontinuation, suspension, or termination of User’s right to use the services, adjustment to User’s credit score, and collection of appropriate bike management fee from User.
4.2.3 Lessor has the right to designate the operating area, prohibited parking area, and recommended parking area in a city at its own discretion and to display the same to User on the DiDi Bike Platform. Lessor is entitled to collect certain bike management fee from User if the system determines that User rides the bike outside the operating area or into a prohibited parking area.
5.1 When you use the services hereunder, Lessor shall provide you with insurance of a certain amount in accordance with relevant national laws and regulations if certain conditions are satisfied, provided that you provide any and all eligibility information and/or proof when requested by Lessor.
5.2 You agree that you shall be liable for any adverse consequence of your failure to obtain insurance compensation from the insurance company under the insurance policies of Lessor due to your failure to provide complete eligibility information and/or proof as required.
5.3 You acknowledge and agree that, to the extent permitted by the law, Lessor shall be entitled to carry out investigations of any violation of the said undertakings and to take the relevant legal actions against such violation, including but not limited to immediate termination of provision of the services hereunder for you or initiation of civil proceedings, and Lessor shall also be entitled to, on the basis of the seriousness of any illegal conduct, report to judicial authority or any other law enforcement authority the clues to such illegal conduct, and to coordinate with investigation, hearing, or litigation initiated by any such authority.
6.1 Intellectual property rights (including but not limited to, trademark rights, patent rights, copyrights, and trade secrets) of any and all items provided by Lessor, including but not limited to work, design, part, structure, body of the bike, photo, archive, information, and materials, shall be legally owned by Lessor. Without written consent of Lessor, no unauthorized person may use or authorize any third party to use, modify, reversely engineer, reproduce, publicly disseminate, change, distribute, issue, or publish the foregoing.
6.2 Lessor is entitled to all rights in or to the operation data it acquires or holds. Without written consent of Lessor, no person may store, use, reproduce, adapt, or authorize any other person to use the foregoing data.
6.3 Without the prior written consent of Lessor, you may not in any way display, use, or otherwise dispose of nor express your right to display, use, or otherwise dispose of any trademark, brand, logo, and names of products and services held by Lessor.
7.1 User shall only use the rented bike for his or her personal purpose, and improper acts such as re-leasing or lending of such bike to any other person, carrying any other person on such bike, overloading or improper mounting shall be prohibited, otherwise User shall be solely liable for any consequential personal injury or loss of the bike, and Lessor reserves the right to hold User legally accountable.
7.2 User shall neither engage in any illegal activity with the services hereunder nor maliciously damage, intentionally deface, or arbitrarily disassemble bikes and their related facilities, otherwise User shall bear any and all losses and liabilities arising therefrom.
7.3 Any dispute or controversy between User and any third party arising during the rental of a bike shall be settled by User and the third party, while Lessor has the option to provide necessary assistance or not.
7.4 User agrees that Lessor disclaims any and all liabilities for any loss or damage caused due to quality defect, technical difficulty, or imperceptible flaw in any product or service Lessor provides to User that is completely or partially unavoidable as a result of limitations of current technology.
7.5 Force Majeure
User agrees that Lessor shall assume the obligation of basic support in accordance with law, but Lessor shall not be liable for your damage as a consequence of maintenance and connection failure of information network infrastructure and information network equipment faults in computer, communication or other systems, power failure, strike, riot, fire, act of God, explosion, war, act of government, order of a judicial administrative authority, or for any third-party reason.
8.1 Lessor shall be liable for any loss incurred to User due to Lessor’s violation of relevant laws and regulations or any provision hereunder.
8.2. User agrees to protect and maintain the interests of Lessor and shall be liable for any loss incurred to Lessor due to violation of relevant laws and regulations or any provision hereunder, including but not limited to compensation for the rent owed to Lessor, loss of a bike, or for reasonable litigation loss incurred to Lessor for investigating User’s liability (including but not limited to, cost of action and attorney’s fees).
9.1 Lessor has the right to amend this Agreement in whole or in part from time to time, and this Agreement shall take effect immediately upon amendment. Rental orders placed after this Agreement is amended shall be governed by the relevant provisions of the amended agreement, whereas rental orders placed before this Agreement is amended shall be governed by the relevant provisions of the agreement prior to amendment.
9.2 Upon renting a bike, User has the right to unilaterally cancel this Agreement if riding the bike becomes impractical due to any fault of the bike.
9.3 Lessor has the right to unilaterally cancel this Agreement if:
(1) User engages in illegal conduct such as misappropriation of account of any other person or renting of a bike in the name of any other person, or seeking gains by improper means; (2) User materially violates his or her obligations hereunder or repeatedly violates the relevant agreed obligations; (3) User acts abnormally, and Lessor reasonably suspects that User may be engaged in conduct that is illegal or violates this Agreement, and if this Agreement is not canceled, there may be an adverse influence on or adverse consequence to Lessor, any other third party, public order, or the public interest; (4) Any circumstance in which this Agreement may be canceled as provided herein occurs; (5) Any other circumstance in which this Agreement may be canceled occurs.Any notice Lessor gives to User hereunder may be delivered through webpage announcement, public notice, or message in software, email, SMS, or ordinary mail; and any such notice shall be deemed to be served to the addressee on the date when such notice is sent except that any notice sent by ordinary mail shall be deemed to be served on the date of receipt indicated on the postage stamp.
11.1 The formation, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China (without regard to conflict of law).
11.2 The Parties shall first settle any dispute arising from the performance of this Agreement through amicable negotiation. If a resolution to a dispute is not reached within 15 days of beginning such negotiation, either Party shall have the right to submit such dispute to the people’s court where Lessor is located to settle such dispute through litigation.
12.1 By registering or logging into a DiDi Bike Platform account, or acquiring and using the bike-sharing service provided by Lessor, User shall be deemed to have accepted and agreed to the terms of this Agreement. Any statement, specification, guide, pass rule, privacy policy, credit score rule, or other provision published from time to time on the DiDi Bike Platform shall supplement and form an integral part of this Agreement and have the same legal effect as this Agreement. If any provision of this Agreement is held to be wholly or partially invalid or unenforceable, the validity of the remaining provisions of this Agreement shall not be affected.
12.2 No waiver or delay by any party in exercising all or part of any rights contemplated by this Agreement shall operate as a waiver of any other right or all rights herein granted or similar thereto.
12.3 Lessor has provided User with necessary and comprehensive explanations and descriptions of all content contained in this Agreement. User acknowledges that his/her execution of this Agreement is voluntary on the basis of a fully consistent and unambiguous understanding of this Agreement between User and Lessor.