Please read these terms as you are responsible for your own safety, others safety and for looking after the bike.
The Our Bike project is an electric cargo bike share scheme designed to help communities switch to a more sustainable form of transport.
In order to use OurBike you need to download the OurBike app from the App or Play Store and register.You will be required to upload some photo ID such as a passport or drivers licence.
You can use the app to locate the bike, reserve it, start a journey, unlock and lock the bike and end their journey. You can also use the app to report problems.
Essential rules for Use:
(i) You must be 18 years of age or older
(ii) You are able to operate our Products (cargo bike and accessories) in a competent manner. You know how to use them and are physically able to do so. You understand that adverse weather conditions can impact safety and you are able to respond accordingly (like adjusting your braking distance in the rain, for example). This may also mean not using certain Products at all. Also note that we don’t provide routing directions or advice, so the route you choose is up to you.
(iii) You must adhere to the laws relating to bike use in your area.
(iv) Vandalism or tampering of the bike could result in criminal proceedings.
(v) Helmets - this is a decision for you to take. We cannot supply them as it is not advisable to share helmets.
(vi) Bike maintenance - despite regular checks by qualified mechanics on the bikes we cannot check the bike every time someone has used it so we advise that a basic check is carried out each time you use it. We will show you how to do this in the in-app training video. You should contact us through the app immediately if you find an issue or are in any way concerned about anything to do with the bike.
(vii) We cannot guarantee that there will always be sufficient electricity available in the battery for your journey. You should adjust your journey accordingly if the battery is nearing its end.
(viii) Do not lock the bike up with anything other than the lock provided. If the next User is unable to use the bike there are fines.
(ix) We reserve the right to refuse access to the OurBike app and / or to close a customer account.
(i) In order to stay safe you should follow the guidelines as shown in the instructional video we provide and if in any doubt, book a cycle training session with a qualified cycle instructor by emailing info@ourbike.co.uk.
(ii) Do not ride under the influence of alcohol, drugs or other substances.
(iii) Only use the bike for its obvious function - to ride and carry things. The weight limit is 135kg for rider and cargo. Do not take the bike off road.
(iv) If you use the bike to carry children make sure they are safely strapped in using the seat belts. Children under the age of two should not be taken in the cargo box unless an approved child seat is used.
(i) Theft - if the bike is stolen whilst under your hire or before the next User unlocks the bike you will be held liable if you have not followed these instructions which can also be seen in the instructional video and FAQs: whenever you are not riding the bike you must lock it to an immovable object (not a pole) using the lock provided. When you end your ride you must lock the bike in the parking zone to an immovable object (not a pole) using the lock provided. If the bike is stolen and you are the last person to use it then you might be liable for the cost of a replacement bike which could be up to £5,000.
(ii) Damaged or written off - you will be charged the cost of labour and parts if the bike and / or associated equipment is returned in a condition that is worse than when you took it out. If you write it off you will be liable for the full cost of a bike which could be up to £5,000.
(iii) Weight - do not exceed the weight limit advised in the description of the bike. Evidence of damage caused by the bike carrying too much weight will result in you covering the costs of repairs and parts and ultimately the cost of a replacement bike if it cannot be fixed (a replacement bike can cost up to £5,000).
(iv) Hire periods -
Please report any accidents or incidents that happen whilst you are using the bike. If it is a more serious incident then immediately call the emergency services and notify us when it is safe for you to do so. You can use the app to contact us.
Please use the contact details in the app. If you are unable to access these the contact details are available on the OurBike.co.uk website.
The costs of using the bike will be made clear on the app and may vary depending which bike and which area you are in.
Each bike is fitted with a security tracker. The data from this is anonymised and then used for research purposes.
When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorise or otherwise partner with to distribute, market or otherwise commercialise the Services.
(ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorise us to operate any of the Services.
(iii) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
Nothing in these Terms shall limit or exclude the Released Parties' liability to you:
Subject to this and to the extent permitted by applicable law, if you are a consumer and not a business customer, in no event shall the Released Parties be liable to you for any indirect or consequential losses or loss of data, and if you are a business customer, in no event shall the Released Parties be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Any liability we do have for losses you (whether as a business or a consumer) suffer arising under these Terms shall be limited to £75 and is strictly limited to losses that were reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
The Released Parties will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
Our Products are machines and there is inherent risk associated with using them, including due to malfunction no matter how well they are maintained. These risks are not always obvious, and they may cause property damage, injury or even death to you or others. Subject to the above, by using our Services, you agree that you understand these risks, that it is your responsibility to use our services safely. You are responsible for any harm you cause to other people or property (unless something we did or didn’t do was the actual cause of such harm).
(i) to the extent permitted by applicable law and subject to section 9 above, you agree that you are responsible for any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with (i) your breach or violation of any of these Terms or any applicable law, (ii) any of the Released Parties’ use of your content discussed in Section 14, or
(iii) your violation of the rights of any third party. You agree that the obligations in this Section 9 will survive any termination of these Terms, your user account or your access to our Services generally.
We collect and use your personal information in order to provide the Services to you. For example, we process information such as your name, contact details and payment details so that you can register for an account with us and use our Services. It is also necessary for us to process information about you, such as information about your trips in order to provide our Services. For more information about how we use your personal information, please read our Privacy Notice which you can access at https://ourbike.co.uk/privacy-policy.
(i) Our Limited Licence to You
Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to access and use the App and our related software and services on your personal device solely for your use of our Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. Don’t do anything that places an unreasonably large load on our Services’ infrastructure, use any robots, spiders, scrapers or other automated means to access our Services, try to interfere with the proper working of our Service or attempt to bypass any of our security measures to access the Services.
(ii) Ownership
The Services are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited licence granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services.
You may at times be invited to submit content to us (like a comment to a blog post, to participate in our communities or provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted and to the extent permissible by applicable law. This licence continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential.
Do not submit any content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. Submission of any of the following may result in suspension or termination of your user account, including where required by law). We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice, subject to applicable law.
The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don’t endorse these third party services and content and we are not responsible or liable for any of their products or services. Additionally, Apple Inc., Google, Inc., and/or Microsoft Corporation and/or will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS, Android or Microsoft Windows, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.
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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do 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.
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Force majeure events may prevent us from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
These Terms shall be governed by English law. However, if you are a consumer rather than a business user, and you live in a European Union country other than England (including Scotland or Northern Ireland), your country may have certain mandatory applicable laws which apply for your benefit and protection in addition to, or instead of, certain provisions of English law. If you meet this description, you can choose to bring legal proceedings in either your country or in England. If we bring legal proceedings, however, it can only be in your country. In all other situations, any dispute between you and us regarding these Terms will only be dealt with by the English courts.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest to you. It is your choice to use it if there is a dispute regarding these Terms that cannot otherwise be resolved.
Peddle My Wheels t/a OurBike reserves the right to amend these terms from time to time as it sees fit or necessary.
August 2024
