#UserAgreement

User Agreement

 

Thank you for using CYKIQ. CYKIQ provides a bike rental service for short-distance travel. This “CYKIQ Bicycle-Sharing Service Agreement”( “Agreement”) is between CYKIQ, CYKIQ Technologies PVT Ltd, including its related parties, (hereinafter referred to as “the Company” or “us”) between the Service User (hereinafter referred to as the “User”) and the User regarding downloading, The use of “CYKIQ  bicycle” software, and rental CYKIQ  bicycles, the use of bicycle rental services provided by the agreement.

1 AGREEMENT
1.1 CONSIDERATION

In consideration of CYKIQ renting a Bike to Rider, Rider agrees to the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1.2 MODIFICATION
At any time and from time to time, and without your consent, we may unilaterally amend, modify, or change this Agreement, at our sole discretion and without any notice or cause. By continuing to use the Website after any amendment, modification, or change, you have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.

1.3 EQUIPMENT
Bikes are equipped with global positioning system devices. All of the foregoing equipment and other equipment consists of any Bike, in whole or part, shall be referred to as “CYKIQ Equipment.”

1.4 HOW IT WORKS
(I) Create a membership (including payment of a deposit amount where necessary) online from the CYKIQ smartphone app.

(II) Once the Rider creates a membership, the Rider can rent a CYKIQ bicycle. Before using a bike, the user should pay a deposit amount stipulated by CYKIQ. The User can apply for a refund of the deposit if he or she does not use CYKIQ’s service anymore.

(III) You will need to review and accept the full terms of this Agreement. You further acknowledge and agree that:

(a) You shall be responsible for each Bicycle rented under Your account;

(b) You shall be responsible for ensuring that any individual operating or using a Bicycle rented under Your account shall read and comply with this Agreement;

(c) Before unlocking a bike, you must check the bike. If there is something wrong with the bike, do not unlock it. You can report it on the application, and find another one. Once unlocked, you shall take full responsibility for the bike until it is returned back. During rental time, you shall keep the bike away from malicious destruction.

(d) You are completely responsible and liable for deliberate damages to the bike you have rented.

(e) For your security, once the bike is damaged, you should stop and return the bike in a legal parking place, and report it. CYKIQ will repair it as soon as possible.

(IV) The Rider’s period of Bike rental begins either when the Bike is unlocked. The Rental Period ends when the Bike is locked at any legal and free bicycle parking locations. Additional charges will apply if the Bike is not returned and locked to a legal and free location after the Rental Period.

  1. SERVICES
    2.1 REGISTRATION

Before using CYKIQ’s Service, you should download CYKIQ App, and sign up for a new user account. When registering, you should provide your personal information with your phone number and other necessary information for the proper usage of the CYKIQ App. After successful registration, we will provide you with a personal account (“CYKIQ Account”), which means that you have consented to and authorize us to use your personal information for the purpose of providing you with services.

2.2 LICENSE

Subject to your compliance with these Terms, CYKIQ grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications 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, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by CYKIQ and CYKIQ’s licensors.

2.3 OWNERSHIP.

The Services and all rights therein are and shall remain CYKIQ ‘s property or the property of CYKIQ ‘s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner CYKIQ ‘s company names, logos, product and service names, trademarks or services marks or those of CYKIQ ‘s licensors.

2.4 USER REQUIREMENTS AND CONDUCT.

You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

2.5 TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.

2.6 NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. CYKIQ 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.

2.7 Maintenance

CYKIQ Company is responsible for the daily running, maintenance and repair of the bike. But it does not mean that the Company has the obligation to ensure that all available bicycles are in a trouble-free condition in real time. The rider should confirm the integrity of the components, efficiency, and familiarize with the performance of the bicycle and safety devices before using a bike.

If the rider finds that the bicycle is broken, he or she shall cancel the reservation or stop using, and notify CYKIQ of the problem. If the rider disregards the broken bike and continues use it, the rider shall take responsibility for the behavior.

  1. PAYMENT

3.1 You understand that the use of Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, CYKIQ will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent.

Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law.

3.2 DEPOSIT

A bike deposit is required before using the bike. It remind you when paying the deposit. If the rider does not accept the terms of deposit, please stop using CYKIQ.

The deposit is refundable. If refunded, a deposit shall be paid again before using a CYKIQ next time. You can ask for a refund of the deposit only once for free. If you ask for a refund of the deposit more than once, an extra transaction fee will be deducted from the deposit refund.

You can ask for a refund of the deposit if you do not use CYKIQ anymore. It usually takes 1-30 working days for the deposit to be refunded back to your account.

3.3 COST

Once unlocked, you should pay for the cost of using bike. The balance in ‘My wallet’, can only be used to pay for riding costs. It has no expiration date, and cannot be transferred or donated to other parties. We will definitely inform you each time you are charged.

4 RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF BIKE USE

4.1 REPRESENTATIONS AND WARRANTIES.

As a condition precedent to CYKIQ’s agreement to allow the Rider to participate in the Program and to rent a Bike, Rider represents and warrants to CYKIQ that:

  • Rider meets the minimum age requirements: (1) is 12 years of age or older to ride. (2) Rider is experienced and familiar with the safe and competent operation of a bicycle, and that he or she is physically and mentally fit to ride the Bike.
  • Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a bicycle.
  • Please wear a helmet before riding for your safety.

4.2 ACKNOWLEDGEMENTS AND AGREEMENTS.

As a condition precedent to CYKIQ’s agreement to allow Rider to participate in the Program and to rent a Bike, the Rider acknowledges and agrees as follows:

  • The Rider is fully aware that riding a bicycle on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and rider must keep a proper lookout to avoid such accidents.
  • The Rider is fully trained and capable of operating and riding a Bike and is not relying on CYKIQ to learn how to operate or ride a Bike.
  • The Rider is solely responsible for obtaining and using a helmet and protective gear.
  • The Rider is solely responsible for operating and riding a Bike in a careful and responsible manner.
  • A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident.
  • All Bikes are and shall remain the exclusive property of CYKIQ at all times.
  • The Rider is solely responsible for any traffic violations and/or fines incurred by the Rider while using the Bike, including any fees for parking the Bike in prohibited locations as in accordance with the Laws of Pakistan.
  • CYKIQ is not obligated to provide insurance of any kind related to Rider or Rider’s use of the Bike, and in the event that CYKIQ, at its option, carries insurance, Rider shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
  • If the Rider causes damage to property or injury to another party while operating or in possession of the Bike, the Rider is solely liable for such damage or injury.
  • The Rider shall return the Bike to CYKIQ in the same condition as when received.
  • The Rider is liable for any and all damages resulting from improper use or abuse of the Bike and the cost of such damages.
  • CYKIQ provides Bikes as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement.

4.3. REQUIREMENTS.

As a condition precedent to CYKIQ’s agreement to allow the Rider to participate in the Program and to rent a Bike, the Rider shall do the following during any use of a Bike (“Usage Requirements”):

  • Carefully inspect the Bike that the Rider wishes to rent prior to usage to ensure the Bike is in good operating condition.
  • Test the Bike’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle.
  • Promptly notify CYKIQ customer service of any defect, malfunction or needed repair to a Bike.
  • Adjust the Bike riding behavior accordingly for safe operation relative to weather conditions.
  • Adjust Bike riding behavior so that it is that of a reasonably experienced and prudent bike rider.
  • Contact CYKIQ and local Police immediately in the event of theft of the Bike or an accident that occurred during the Rider’s use of the Bike resulting in bodily injury.

 

4.4. RESTRICTED USES.

The Rider shall not do any of the following acts (“Restricted Usage”):

  • Use any Bike if the Rider is younger than 12 years old.
  • Use any Bike if the Rider has any existing physical or mental condition that would prohibit the Rider from safely operating the Bike.
  • Operate a Bike while carrying any item that impedes on the Rider’s ability to safely operate the Bike.
  • Operate a Bike while under the influence of alcohol, drugs, or any other substance that impair the Rider’s ability to safely operate the Bike.
  • Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the Bike.
  • Allow any other person to use the Bike or allow more than one person to be carried on the Bike.
  • Overfill the Bike basket or place objects weighing in total more than 20 pounds in the Bike basket. • Violate any applicable federal, state, or local law.
  • Operate or use a Bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
  • Ride or operate a Bike that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair.
  • Continue using the Bike if it, or any component of it, should become defective or malfunction.
  • Use the Bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding.
  • Use the Bike for any commercial purposes.
  • Tow, pull, carry or push any person or object with a Bike.
  • Remove or modify any accessories, parts or components of any Bike.
  • Ride the Bike without paying applicable user fees at the time they become due.
  1. SERVICE LIMITATIONS

Rider acknowledges and agrees that from and after the date that CYKIQ makes Bikes available to the public for rental, CYKIQ may suspend all or part of its Bike rental program at any time, may relocate Stations, reduce the number of Bikes available for rent and otherwise operate its Bike rental program at its sole discretion. The Rider further acknowledges that CYKIQ may suspend the availability of Bikes during adverse weather conditions, or may be required to suspend the rental of Bikes by the city in which the Bikes are located. The Rider shall not be entitled to a refund of any fees for unused rental periods unless CYKIQ’s Bike rental service shall have been suspended for more than 15 days. CYKIQ does not represent or warrant that Bikes will be available for rental at any locations at any time. CYKIQ may require the return of its Bikes at any time.

  1. RELEASE AND LIMITATION OF LIABILITY

6.1 For and in consideration of rental and use of the bike, rider, for itself and on behalf of rider’s heirs, executors, administrators and assigns, forever releases and relinquishes and discharges (i) CYKIQ  and CYKIQ ’s officers, boards and commissions, members, managers, employees, suppliers, agents, representatives, (ii) any municipality with which CYKIQ  has contracted with to provide a bike sharing program, and (iii) any owner of property with which city or cyclehop has contracted with to provide real property on which a bike share facility, including, without limitation, stations, hubs, racks, intended for bike share use (all, collectively, the “CYKIQ  parties”) from any and all claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings, causes of action and damages including for personal injury, wrongful death, property damage, and injury to rider or to third parties (collectively, “claims”), including unknown or unanticipated claims, which arise from or are related directly or indirectly to this agreement or the rental, maintenance, design, use and/or operation of the CYKIQ  equipment, including the bikes, or the CYKIQ  website and application, including any and all claims related to the sole or partial negligence of CYKIQ  , the CYKIQ  parties or any other party. The rider hereby expressly waives any claims against the CYKIQ parties which the rider does not know or suspect to exist in his or her favor at the time of sharing a bike, and expressly waives the rider’s rights under any statutes that purport to preserve rider’s unknown claims.

6.2 In no event will rider claim that CYKIQ parties individually or collectively did not adequately train rider, or provide rider with adequate instructions necessary, to ride the bike in the same manner as a person who is an experienced bike rider who has been trained to ride a bike in a safe and careful manner.

  1. ASSUMPTIONS OF RISKS; DISCLAIMER.

The rider expressly acknowledges and accepts that the rider’s rental and use of the bike is at his/her own risk. Rider accepts the bike for use after exercising his/her own free choice to participate voluntarily in this activity and after having inspected the bike and certifying that it is in good operating condition. The rider understands that cycling may be a hazardous activity. Rider acknowledges, understands and assumes all risks related to the rental, maintenance, design, use and/or operation of the CYKIQ  equipment, including the bikes, and the CYKIQ  website and understands that cycling involves risk to the rider and others including damages, bodily injury, partial or total disability, paralysis and death to rider or others, and that rider has full knowledge of said risks and dangers, including such risks, damages and injuries that may arise from the negligence of others or as a result of roadway conditions. All bikes and other CYKIQ equipment are provided “as is” and without any warranty of any kind, whether expressed or implied, written or oral, including, without limitation, any warranty of merchantability, quality or fitness for a particular purpose. CYKIQ and the CYKIQ parties hereby disclaim any claim in tort (including negligence, product liability or strict liability).

  1. DISPUTE RESOLUTION.

The Rider agrees that CYKIQ, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, The Rider’s use of CYKIQ’s Equipment, including, without limitation, Bikes, and/or the CYKIQ website and application, to competent court Islamic Republic of Pakistan  according to Arbitration Act, 1940.The award of the arbitral tribunal shall be final and binding. And this Agreement shall be governed by the laws of the Islamic Republic of Pakistan without regard to conflicts of law provisions.

 

  1. INDEMNIFICATION.

Rider shall indemnify, defend and hold harmless CYKIQ for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to Rider’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Bike, the Locks, and/or the CYKIQ website, even where caused in whole or in part by CYKIQ’s negligence, and/or the negligence of others, whether presently known or unknown. At CYKIQ’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by the Rider (provided that, in such event, CYKIQ may at any time elect to take over control of the defense and settlement of any such Claim). In no event may the Rider settle any Claim without CYKIQ’s prior written consent.

  1. ASSIGNMENT.

CYKIQ may assign its rights and duties under this Agreement to any party at any time without notice to Rider.

  1. NO WAIVER.

CYKIQ’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by CYKIQ shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.

  1. TERMINATION OF AGREEMENT.

CYKIQ may terminate this Agreement at any time, without cause, legal process, or notice to the Rider and Rider’s use of the System is “at the will” of CYKIQ. The Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. The Rider shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause. The Rider may terminate his or her rental plan at any time; provided, however, that no refund will be provided by CYKIQ for the time already used by the Rider.

  1. SEVERABILITY.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.

  1. SURVIVAL.

All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.

  1. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purpose of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, online application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religion or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, and festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact service as provided in the Application.

The Company will, to the best of its abilities, effect such changes as requested within thirty (30) working days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. Third Party Interactions

During the use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at https://www.CYKIQ.com . You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. About us

The www.CYKIQ.com website is owned by CYKIQ  Technologies PVT Ltd, who are taking the full responsibility for all the Pakistan transactions from the website.

Govern Law:

CYKIQ Pvt Ltd is the owners of this website. Our Terms of Use are governed by Pakistan law under the jurisdiction of Pakistan courts.

  1. CUSTOMER SUPPORT

If you encounter any problem using CYKIQ, you can report it with the APP by click custom services. We encourage you to submit your comment. Besides, you can contact us in these ways:

Company: CYKIQ Technologies PVT Ltd

Email: theCYKIQ@gmail.com

Website: www.cykiq.com

Follow us on Facebook: @CYKIQ