This Bike-sharing Platform 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 and 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 (hereinafter referred to as “User”) of rental bicycles on the DiDi Bike Platform.
1.2 DiDi Bike Platform: Hangzhou Xiaomuji Software Technology Co., Ltd. An integrated platform (hereinafter referred to as the “DiDi Bike Platform”) utilizing Internet information technology development capabilities to provide User and Lessor with bike information, dynamics, use authorization, and certain services related to bike rental including dispatching, operation, and maintenance.
1.3 Lessor: Hangzhou Qingqi Technology Co., Ltd., Tianjin Luding Technology Co., Ltd. (and its agents), Beijing Bikelock Technology Co., Ltd., or other owners or managers of bikes available on the DiDi Bike Platform which serve as third-party companies (hereinafter collectively referred to as “Lessor”) to lease bikes to User on the DiDi Bike Platform.
2.1 User acknowledges that he or she is, at the time of registering as a member of the DiDi Bike Platform, at least 12 years old and in good health. If User is under 12 years old or suffers from any disease or disability which could affect riding, including but not limited to epilepsy, heart disease, hypertension, temporary vertigo, visual impairment, or hearing impairment, he or she may not use the services hereunder. If User does not possess the appropriate capacity for civil conduct as set out above, User and User's 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 No., and other supporting materials) is legal, authentic, and valid. User further warrants that he or she will complete the real name verification process in accordance with relevant directions and registration instructions from the DiDi Bike Platform. In the event that User provides illegal, false, invalid, incomplete, or inaccurate information, the DiDi Bike Platform shall be entitled to suspend or terminate User’s account, and refuse User's use of the services hereunder in whole or in part now or in the future.
2.3 After User successfully completes registration on the DiDi Bike Platform, the DiDi Bike Platform will grant User a sole and exclusive account, whereupon User shall have the right to use such account and shall be liable for all activities and events in connection therewith. User may not gift, lend, lease, transfer, or sell such account to any third party. In the event that User discovers any unauthorized use of or any security problems involving such account, User shall immediately inform the DiDi Bike Platform. User shall exercise due caution to ensure the security of his/her account username and password. Notwithstanding a fault attributable to the DiDi Bike Platform, User shall be solely liable for all activities conducted under User's account regardless of whether such activities cause any damage to User or a third party.
2.4 In the event that User violates this Agreement or obtains relevant rights and interests through improper means, the DiDi Bike Platform shall be entitled to take reasonable and necessary actions to maintain its own legal rights and interests, including but not limited to temporarily or permanently closing User’s account and pursuing recovery of illegitimate benefits gained by User through improper means.
3.1 The DiDi Bike Platform accesses related bike resources of Lessor to synchronize bike rental information to User in order to enable User to rent a bike from Lessor via the DiDi Bike Platform and to provide other information services to facilitate such lease relationship.
3.2 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 relevant network agreements, provisions, and procedures in connection with the 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 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 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;3.3 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 the User’s act. User shall cooperate with public security and traffic authorities in handling any traffic accidents which may occur during riding in accordance with the Measures for Handling Road Traffic Accidents and other relevant provisions. Lessor and the DiDi Bike Platform shall be absolved from all legal liability in the event of an accident or unforeseen incident suffered by User, unless User can prove such incident or accident occurred for a reason attributable to the DiDi Bike Platform or is a direct result of an inherent defect in the bike.
3.4 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.
3.5 When returning a 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 solely attributable to User, User shall be liable to Lessor for any and all consequential losses, provided that the lock is free from any fault.
3.6 The DiDi Bike Platform does not assume any obligation to exercise care over User’s personal belongings. In addition, when checking out and returning a bike, User is reminded to pay attention to personal belongings to ensure they are not left behind at the bike docking station or on a bike.
3.7 If the DiDi Bike Platform reasonably determines that User might have carried out activity which could be detrimental to the DiDi Bike Platform and/or Lessor, the DiDi Bike Platform shall have the right to suspend or terminate the provision of all or part of the services hereunder to User without assuming any liability to User or any third party for breach of contract.
3.8 If User unlocks a bike of Lessor via the QR code scanning feature on DiDi Bike Platform, 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 displayed on the DiDi Bike Platform.
3.9 User shall lock the bike immediately after arriving at the destination and completing the order, and the rental order for such bike shall be deemed to have been concluded at the time the bike is locked. Rent actually incurred along with relevant service fee(s), if any, will be displayed on the DiDi Bike Platform, and User shall promptly make such payments in the relevant payment method (payment method(s) indicated on the DiDi Bike Platform shall take precedence).
3.10 The DiDi Bike Platform 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, the DiDi Bike Platform 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, adjustment to User’s credit score, discontinuation, suspension or termination of User’s right to use the services, and collection of an appropriate bike management fee from User.
3.11 The DiDi Bike Platform and Lessor have the right to designate the operating area, prohibited parking area, and recommended parking area in a city at their own discretion and to display the same to User. The DiDi Bike Platform and Lessor are entitled to collect a 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.
When User uses the services hereunder, Lessor shall provide User with insurance of a certain amount in accordance with relevant national laws and regulations if certain conditions are satisfied, provided that User provides any and all eligibility information and/or proof when requested by Lessor.
User shall be liable for any adverse consequence of User's failure to obtain insurance compensation from the insurance company under the insurance policies of Lessor due to User's failure to provide complete eligibility information and/or proof as required.
User acknowledge and agrees that, to the extent permitted by the law, Lessor or the DiDi Bike Platform shall be entitled to carry out investigations of any violation of the said undertakings and to take relevant legal actions against such violation, including but not limited to immediate termination of provision of the services hereunder to User or initiation of civil proceedings, and Lessor also has the right to, on the basis of the seriousness of any illegal conduct, report to a judicial authority or any other law enforcement authority the evidence for such illegal conduct, and to cooperate with any investigation, hearing, or litigation initiated by any such authority.
5.1 User shall only use a rented bike for his or her personal purpose, and 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 are prohibited, otherwise User shall be liable for any consequential personal injury or loss of a bike, and the DiDi Bike Platform or Lessor reserves the right to hold User legally accountable.
5.2 User may not engage in any illegal activity nor maliciously damage, intentionally deface, or arbitrarily disassemble a bicycle or related equipment in connection with the Service; any loss or liability arising therefrom shall be borne by User.
5.3 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 the DiDi Bike Platform or Lessor have the option to provide necessary assistance or not.
6.1 The DiDi Bike Platform is the legal owner of all intellectual property rights (including but not limited to trademark rights, patent rights, copyrights, and trade secrets) for any and all content of the DiDi Bike Platform, including but not limited to works, photos, files, information, data, website architecture, page and screen layouts, webpage design, and the like. Without written consent of the DiDi Bike Platform, no unauthorized person may use, modify, reverse engineer, reproduce, publicly disseminate, change, distribute, issue, or publish procedures or content of the DiDi Bike Platform.
6.2 Without the prior written consent of the DiDi Bike Platform or Lessor, User may not in any way display, use, or otherwise dispose of nor express User's right to display, use, or otherwise dispose of any registered trademark, logo, and names of products and services held by the DiDi Bike Platform or Lessor.
7.1 The DiDi Bike Platform or Lessor shall be liable for any loss incurred to User due to a violation on the part of the DiDi Bike Platform or Lessor of relevant laws and regulations or any provision hereunder.
7.2 User agrees to protect and maintain the legal interests of the DiDi Bike Platform, Lessor, and other users and assume liability for damages (including but not limited to compensation to the DiDi Bike Platform, Lessor, or any other third party for any reasonable loss incurred thereby) arising from loss sustained by the DiDi Bike Platform, Lessor, or any other third party as a result of User’s violation of relevant laws and regulations or any provision hereunder.
8.1 In consideration of the special characteristics of the Internet, the DiDi Bike Platform shall be entitled to renew or alter relevant terms hereof and announce in real time any supplement to or alteration of this Agreement via the DiDi Bike Platform, whereupon such amended content shall immediately become effective. User is advised to frequently check for changes made to relevant agreements.
8.2 User shall be entitled to unilaterally terminate this Agreement upon fulfilling his or her obligations hereunder.
8.3 The DiDi Bike Platform has the right to unilaterally cancel this Agreement if:
a) User engages in illegal conduct such as misappropriation of an account of any other person, or seeking gains by improper means;
b) User materially violates his or her obligations hereunder or repeatedly violates the relevant agreed obligations;
c) User acts abnormally, and the DiDi Bike Platform reasonably suspects that User may be engaged in conduct that is illegal or violates this Agreement, and if this Agreement is not terminated, there may be an adverse influence on the DiDi Bike Platform, Lessor, any other third party, public order, or the public interest;
d) Any other circumstance in which this Agreement may be terminated occurs.
Any notice the DiDi Bike Platform or Lessor gives to User hereunder may be delivered through webpage announcement, announcement or push notification in the 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.
10.1 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).
10.2 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 the DiDi Bike Platform or Lessor is located to settle such dispute through litigation.
11.1 By registering or logging into a DiDi Bike Platform account or acquiring and using the DiDi Bike Platform bike-sharing service, 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
11.2 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.