Please read this agreement carefully before locking a bicycle or ebike (“bike”) at a green spirit bicycle / ebike locking station (“station”) from green spirit technologies inc, herein referred to as the “operator”.
By parking or locking your bike, or using a station, you agree to all of the terms and conditions contained within this agreement, including, but not limited to, the waivers, releases and limitations of liability set forth herein. Your consent is effective immediately following your acceptance of this agreement. If you do not agree with all of the terms and conditions of use set forth in this agreement, you are not permitted to lock or use a station from the operator.
PARTIES, CONSIDERATION AND BIKE SHARE PROGRAM DESCRIPTION
1. AGREEMENT. This Agreement is between the user (“you” or “User”) and the Operator.
1.1. CONSIDERATION: In consideration of the Operator offering its station(s) to you for locking and/or use, you agree to all the terms, conditions and provisions contained within this Agreement.
1.2. EQUIPMENT. The Operator maintains a network of Stations where Bikes are parked and locked using the Operator’s web or mobile application(s) and/or hardware. The web and/or mobile application(s) accept(s) payment for the parking service.
1.3. HOW IT WORKS.
(1) REGISTRATION AND PURCHASE. You must register for an account (“Account”), including providing credit card info in accordance with Section 2.8, and sign up for an Account via: (i) the Operator’s website; (ii) the mobile app; (iii) other applicable third party apps; or (iv) a Payment Kiosk.
(2) METHOD OF PARKING. Once you register an Account on our web or mobile application, you can reserve and/or engage a Station and lock your Bike by logging into the web or mobile application, selecting a Station from a map embedded in the web or mobile application, and by following the instructions on the web or mobile application to lock or unlock your Bike.
(3) BILLING PLANS
(a) Pay as you go or hourly parking, herein referred to as (“Daily Use”)
• 7 consecutive hours per parking session at zero cost or (“Free Hours”).
• After 7 consecutive hours at one station, there will be a charge of $1.50 per hour.
• Your 7 free consecutive hours get reset every time you park at another station with us!
(b) Subscription billing, herein referred to as (“Monthly Plan”)
• For $15 / month, you get a 1-month free trial*, and an ability to park at secure bike rack for a maximum of 15 consecutive hours per session or (“Free Hours”). After 15 consecutive hours at one station, there will be a charge of $1.50 / hour.
• With the Monthly Plan, you will be billed on a monthly basis. You can cancel the Monthly Plan at any time after two months and cancellation will be applied on the next billing cycle.
• Your 15 consecutive hours get reset every time you park at another station with us.
• This is a pilot project, as a result all pricing is subject to change to meet the needs of the users.
(3.1) Other billing details:
• A user can add, view, and cancel a Monthly Plan
• A user can pay for an order, i.e. set up a credit card for a “Monthly Plan” subscription.
• The credit card used for the order is saved as the default payment method
• A user can add or remove one or more credit cards—one as the default payment method to pay for the “Monthly Plan” subscription each month.
• A user will receive a monthly invoice/statement for an active “Monthly Plan” subscription.
• A user that is on the Monthly Plan can park up to 15 hours per session without being charged (unlimited sessions); after 15 hours in one session, the user is charged for each additional hour of parking at the pay-as-you-go rate.
• A user that has not signed up for a Monthly Plan will be charged for each full hour of parking, as outlined in the Daily Use plan.
(3.2) Station Reservations
• A user can reserve a parking spot for 30 minutes in advance of their arrival at the Station
• The reservation time is not included or added to the parking time, which runs on a separate timer.
• A user can see that a parking spot is reserved, in the parking spot itself, and from “My page”.
• A user can cancel a reservation on the parking spot page by clicking on the reservation countdown timer.
(3.3) Timed Parking Process
• A user has a grace period of 5 minutes to complete the parking process once started; if parking is cancelled or left incomplete during the grace period, the time will not count (and any reservation time will continue to count down). If the parking process is incomplete after the 5-minute grace period, the parking timer and billing will start, but the user will have already been sent an email notification.
• Upon completing the parking process, a user can see the elapsed parking time on the parking spot page and “My page”.
(3.4) Billable Time Calculation
If the user has exceeded their Free Hours included in their Daily Use or Monthly Plan billing subscriptions, then the user will be charged $ 1.50 per hour each subsequent hour the bike is parked at the Station. The billing timer functions so that a $ 1.50 is charged each time the counter reaches a new hour. For example, if the user is parked for 1 hour and 2 minutes after their “Free Hours” have been used, then they will be charged $ 3.00; $ 1.50 for the first 60 minutes (or 1 hour) and another $ 1.50 for the 2 minutes after the first hour.
• Email notifications for the start, end, and cancellation of parking.
(3.6) Invoices and Parking History
• Monthly invoices for Daily Use parking charges (for Daily Use Cyclists and parking sessions exceeding 15 hours for Monthly Plan Cyclists).
(4) ISSUES AND TROUBLE SHOOTING
If you have an issue locking and/or unlocking your Bike, please attempt to resolve the issue or repeat the process. If after several unsuccessful attempts at resolving the issue please phone our customer service line at 1-888-918-0288 or email [email protected] The Operator will stop the time counter for billing purposes once it has validated that the issue is due to the station and/or connectivity.
1.4 MISUSE OF STATIONS
You understand that the Stations are intended for short-term personal bike parking only. You understand that long-term storage of bikes and all other items may be removed from the Stations and disposed of by the Operator, at the Operator’s discretion.
1.5 CREDIT CARD.
General – Except as otherwise provided in this section 1.5, you must provide the Operator a valid credit card number with expiration date (“Credit Card”) before being registered to use a Station. This Credit Card will be verified for its validity prior to any applicable electronic payment process. Pre-paid credit cards are not considered a valid method of payment. By providing your Credit Card to the Operator, you represent and warrant to the Operator that you are authorized to use the Credit Card. You further authorize the Operator to charge the Credit Card for all costs (including fees, expenses and tickets) incurred by you under this Agreement, including under section 1.4, and all such costs are subject to applicable taxes and other local government charges, which may be charged and collected by the Operator. In the event that your Credit Card is declined for any reason, the Operator may suspend your account and ability to use any Stations until all of your prior charges are paid in full, and the Operator may also charge you a reinstatement fee of up to $30.
1.6. THIRD PARTY PAYMENT PROCESSOR. The Operator uses a third party payment processing company called Stripe. In collecting payment, Stripe processes your credit card transactions and obtains personal information from you. Stripe provides some or all of the services from systems located within the United States. As such, your credit card data (“Card Data”) and personal information will be transferred, processed and stored outside of Canada on servers in the United States, and may be subject to disclosure as required by applicable law. Stripe may provide the Operator with information such as your name, credit card type, expiration date, and the last four digits of your credit card number. This information is only used to make single payment requests, or register the Rider for an ongoing membership plan that requires automatic payments in the future. For more information on Stripe’s payment processing and security practices, please visit https://stripe.com/ca/privacy and https://stripe.com/ca/terms#section_a.
If you object to your personal information and/or Card Data being processed and stored in this manner, you cannot use the Operator’s Bike parking service. By registering for the Bike parking service pursuant to this Agreement and providing valid payment, you expressly consent to the Operator’s use and disclosure of your personal information and Card Data in the manner described in this Agreement.
1.7. PARKING AT MULTIPLE STATIONS. We currently cannot support a user locking multiple bikes at multiple stations.
1.8 To cancel your plan, login to your Account at https://app.greenspirit.ca or on the Operator mobile app. If you cancel your plan, your Account will be maintained. To disable your Account, contact us at [email protected] When your Account is disabled, you can no longer access your Account.
1.9 NON-TRANSFERABLE. Except as provided above in section 1.7, Accounts and Plans are non-transferable and cannot be shared, and parking is restricted to the Account holder.
1.91 ACCOUNT SUSPENSIONS. The Operator reserves the right to suspend or cancel your Account without notice if you breach any provision of this Agreement. If your Account is suspended, you may be charged a reinstatement fee of up to $30 to reactivate your Account once a resolution has been reached.
2. RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF BIKE USE
2.1. REPRESENTATIONS AND WARRANTIES. As a condition precedent to the Operator’s agreement to allow you to park at the Operator’s Stations, you represent and warrant to the Operator that:
• You are at least 12 years of age;
• You (or your parent or legal guardian) are the legal holder of and named on the Credit Card used to park at the Operator’s stations in accordance with the terms of this Agreement;
• You will follow the instructions on our web application, mobile application and/or station, when operating the Station;
2.2. ACKNOWLEDGEMENTS AND AGREEMENTS. As a condition precedent to the Operator’s agreement to allow you to operate and use the Operator’s Station/Stations, you acknowledge and agrees as follows:
• The Operator is not obligated to provide insurance of any kind related to you or your Bike, and in the event that the Operator, at its option, carries insurance, you shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and expenses of any kind whatsoever;
• If you cause any damage to property or injury to another party while operating or in possession of the Station, you are solely liable for all such damage or injury;
• You shall return the Station to the Operator in the same condition as it was found prior to your useage;
• You are liable for any and all damages resulting from improper use or abuse of the Station and the full cost of such damages; and
• The Operator provides Stations as a service, and such parking availability is intended to be used only by those persons who are able and qualified to operate a Bike and Station on their own and who have agreed to all terms and conditions of this Agreement.
2.3. REQUIREMENTS. As a condition precedent to the Operator’s agreement to allow you to use the Stations and to park a Bike, you shall (“Use Requirements”):
• follow the instructions given by the web application, mobile application and/or Station;
• adjust the frame lock to proper height prior to operating the Station;
• make sure the main frame Lock is engaged and securing the frame of the bike by pulling on the frame lock and ensuring that it does not open
• make sure the wheel locks are closed, engaged, and securing the wheels
• promptly notify the Operator customer service of any defect, malfunction or needed repair to a Station;
• stop parking and leave the Station if the Station is not functioning properly; and
• contact the Operator and local police immediately in the event of theft of a Bike or an accident that occurs during your use of the Station resulting in bodily injury.
2.4. RESTRICTED USES. You shall not do any of the following at any time (“Restricted Uses”):
• use any Station if you have any existing physical or mental condition that would prevent you from safely operating the Station;
• operate a Station while under the influence of alcohol, drugs, or any other substance that impairs your ability to safely operate the Station;
• allow any other person to use the Station at the same time as yourself, or allow more than one Bike to be parked at the Station at any time;
• violate any applicable law or legal requirement while using a Station;
• operate or use a Bike in any manner during extreme weather conditions, including but not limited to: hail, dust storms, or lightning storms;
• park at a Station that has any defect, fails to operate as a properly functioning Station, or that is in need of repair;
• continue using the Station if it, or any component of it, should become defective or malfunction;
• use a Station for any commercial purposes;
• remove, modify, or add any accessories, parts or components of any Station; and
• use without paying applicable user fees at the time they become due.
2.5. LOST AND FOUND POLICY
The Operator is not responsible for loss of or damage to a User’s property or the property of others left at any time in or on any Bike or on the Operator’s premises, even if it is in the Operator’s possession and regardless of who is at fault. The Operator is not obligated to contact a User regarding lost items belonging to the User, other authorized user(s), or any other person. The Operator is not obligated to remove a Station from service due to loss of property and is not required to search any Station for lost property.
3. SERVICE LIMITATIONS
The User acknowledges and agrees that from and after the date that the Operator makes Station available to the public for parking, the Operator may, in its sole discretion: suspend all or part of its service at any time; relocate Stations; reduce the number of Stations available for parking; and otherwise operate its service in its sole discretion.
The User further acknowledges that the Operator may suspend the availability of Stations during adverse weather conditions, or may be required to suspend the parking at Stations by the city or applicable jurisdiction in which the Stations are located.
The User shall not be entitled to a refund of any fees for unused parking periods unless the Operator’s Bike parking service shall have been suspended for a total of more than fifteen (15) days over the course of a twelve (12) month period.
The Operator does not represent or warrant that Stations will be available for parking at any time.
The Operator may, in its sole discretion, require the Stations to be vacated at any time.
4. Release and limitation of liability
4.1. For and in consideration of parking and use of the bike station, the user, for himself or herself and on behalf of user’s heirs, executors, administrators and assigns, forever releases and relinquishes and discharges (i) the operator and the operator’s officers, boards and commissions, members, managers, employees, suppliers, agents, representatives, (ii) any municipality or other authority with which the operator has contracted with to provide a bike parking service and (iii) any owner of property with which the operator, city or other applicable authority has contracted with to provide real property on which a bike parking facility, including, without limitation, stations, hubs, racks, intended for bike parking use (all, collectively, the “operator 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 bike parking, maintenance, design, use and/or operation of the operator equipment, including the stations, or the operator website, web application, and/or mobile application(s), including any and all claims related to the sole or partial negligence of operator, the operator parties or any other party. The user hereby expressly waives any claims against the operator parties which the user does not know or suspect to exist in his or her favor at the time of parking a bike, and expressly waives all of the user’s rights under any statutes that purport to preserve the user’s unknown claims.
The use of the station is entirely at the user’s own risk. The stations are not monitored or regularly patrolled. The user agrees that the operator is not responsible for any damage to, or the theft of, the bike or other personal property and the user hereby waives any claim that the user might have against the operator with respect to such damage or theft.
4.2. If the operator or the operator parties are deemed to have any liability under this agreement or arising out of a users’s use of the operator equipment, including the stations, or the operator website, web application, and/or mobile application(s) such liability shall not exceed the amount of the parking fees paid to the operator by the user in the twelve (12) months preceding the date of the event giving rise to such liability.
5. Assumptions of risks; disclaimer.
The user expressly acknowledges and accepts that the user’s parking and use of the stations is at his/her own risk. The user accepts the station for use after exercising his/her own free choice to participate voluntarily in this activity and after having inspected the station and certifying that is in good operating condition. The user understands that utilizing the station may be a hazardous activity. The user acknowledges, understands and assumes all risk relating to the parking, maintenance, design, use and/or operation of the operator equipment, including the stations, and the operator website, web application, and/or mobile application(s), and understands that using the station involves risk to the user and others including damages, bodily injury, partial or total disability, paralysis and death to the user or others, and that the user 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 technology failure. All stations and other operator equipment are provided “as is” and without any warranty of any kind, whether express or implied, written or oral, including, without limitation, any warranty of merchantability, quality or fitness for a particular purpose. Operator and the operator parties hereby disclaim any claim in tort (including negligence, product liability or strict liability).
In no event will the user claim that the operator, or any of the operator parties individually or collectively, failed to adequately train the user, or provide the user with adequate instructions necessary to park a bike at the station.
6. DISPUTE RESOLUTION.
The User agrees that the Operator, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, the User’s use of the Operator’s Equipment, including, without limitation, Stations, and/or the Operator website, web application, and/or mobile application(s) to final and binding arbitration under the rules of procedure of the British Columbia International Commercial Arbitration Centre by one or more arbitrators appointed in accordance with the said rules. In the event that the Operator submits such dispute to arbitration, then such arbitration shall be mandatory and binding on the parties. Such proceeding shall be held in the City of Vancouver. All arbitration proceedings will be conducted in the English language.
Should the operator not elect to submit any dispute or claim to arbitration, to the maximum extent permitted by law, the operator and the user each waive any right to trial by jury in any litigation or to have a jury participate in resolving any dispute arising out of or with respect to this agreement or the user’s use of the operator’s equipment, including, without limitation, stations, and/or the operator website, web application, and/or mobile application(s).
The User shall indemnify, defend and hold harmless the Operator, the Operator Parties and the University of British Columbia for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to the User’s breach of any representations, warranties or covenants set forth in this Agreement, and the parking, maintenance, design, use or operation of the Locks, the Stations and/or the Operator website, web application, and/or mobile application(s), even where caused in whole or in part by the Operator’s negligence, and/or the negligence of others, whether presently known or unknown. At the Operator’s option, the User will assume control of the defense and settlement of any Claim subject to indemnification by the User (provided that, in such event, the Operator may at any time elect to take over control of the defense and settlement of any such Claim). In no event may the User settle any Claim without the Operator’s prior written consent.
The Operator may assign its rights and duties under this Agreement in its sole discretion to any party at any time without notice to the User.
9. NO WAIVER.
The Operator’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 the Operator shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
10. TERMINATION OF AGREEMENT.
The Operator may terminate this Agreement at any time and cancel the User’s Account, without cause, legal process, or notice to the User and the User’s use of the parking service is “at the will” of the Operator. The User waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. The User shall not be entitled to a refund of any amount paid for unused parking periods if this Agreement is terminated for cause. The User may terminate the User’s account, as outlined in this agreement; provided, however, that no refund will be provided by the Operator for time already used or not used by the User.
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.
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.
14. ENTIRE AGREEMENT.
This Agreement constitutes the final and entire Agreement between the Operator and the User and prevails over any prior or contemporaneous, conflicting or additional communications and agreements that pertain to the matter of this Agreement, unless otherwise agreed to by the Parties in writing. The Operator shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on www.greenspirit.ca, and such changes shall apply to all future use of Stations after the date of such changes. Users shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of a Station(s) by the User following any modifications to this Agreement constitutes the User’s acceptance of the terms and conditions as modified.