EVieBike – General Terms and Conditions
Addendum 30-03-2020: COVID-19 policies and procedures.
We provide a daily clean of all vehicles and bikes but, in the nature of the club, cannot do this practicably between all bookings. To protect you and your fellow members, as of 30-03-2020, all customers are required to bring your own sanitising wipes for use by you on all touched surfaces both before and after a rental. We also require you wear gloves while driving an EVie car or riding an EVieBike. These updated policies and procedures shall remain in force until further notice.
Please also see the current advice published here by the States of Jersey on sanitisation and social distancing.
The States of Jersey Police have received increased reports of cycling related anti-social behaviour at times causing injury. We ask with immediate effect you stop cycling within the precinct and pedestrian areas of St Helier. This is considered a breach of Jersey Law and you may be liable for a fine up to and including £200 at Parish Hall. We ask you consider the safety of other pedestrians and road users whilst cycling.
JEV Company Ltd – “EvieBike” General Terms and Conditions (“GTC”)
We operate and manage an electric bike sharing scheme in the Channel Islands branded as EVieBike. We do hope you will enjoy using our high-tech fleet of dockless electric bikes which are provided by Freebike, our supplier. Before you join our service, we ask that you review and accept our General Terms and Conditions (GTCs). Please read this document carefully. Its contents set out the conditions for the use of our mobile application, website, and EVieBike service. Acceptance of the Terms and Conditions and use of our service means you agree to being legally bound to the GTCs set out in this document.
1. General Provisions
1.1 These General Terms and Conditions (GTC) govern the mutual rights, obligations and principles of a contractual relationship (hereinafter the Agreement) based on use of the EVieBike system between a Client and JEV Company Ltd., registered Company number 129683, and registered office address; Kensington Chambers 46/50 Kensington Place St. Helier, Jersey JE1 1ET (hereinafter “EvieBike”, “the Company”, “Us”, “Our”, “We”) . The Company communicates with the Client and rents him/her an EVieBike via the system of shared bikes.
The “Client” The Client is a natural person who has entered into a subscription agreement with the Company and by agreeing to the GTC may use the EVieBikes and the EVieBike System provided by its supplier, Freebike s.r.o..
“EVieBike” (also “Bike”) is an electric assist pedelec developed by Freebike s.r.o, and available for rental through the “App”, as part of a bike sharing service by registered Clients.
The “System” (also “Service” or “Services”) is the provision of bike sharing services enabled by EVieBike, using the Freebike App, the local EVie website found at https://bike.evie.je/, the Stations and the local service operations and all information, software and support services.
The “App” – The App is the mobile application consisting of proprietary software, developed by Freebike s.r.o and downloaded from the Apple Appstore for Apple devices and from Googleplay for Android devices under the name of Freebike that Clients can use to access the EVieBike service (including free bike rental, viewing Virtual Stations, Geofenced Boundaries, No Park Zones, and previous rental history).
The “Tariff” –The Tariff is the detailed pricing and specific conditions that the Client agrees to accept. Proper activation and acceptance of a Tariff is a necessary condition for the Client to rent and use an EVieBike. Different Tariffs may be suitable for different types of use (e.g. irregular, regular, one-off, half day, full day etc.). A single Tariff can simultaneously cover both Active and Pause Rental status, and there may be different pricing and conditions for both status types.
“Rental” is the period of time where the Client has unlocked the EVieBike with the purposes of cycling it and may include the periods when the Bike is in Pause status. A Client’s tariff may specify a maximum time period for an EVieBike Rental.
“Active Rental” is the period of time when the Client has unlocked the EVieBike with the purposes of cycling it and it is not in a Paused or Ended rental state. A Client’s tariff may specify a maximum time period that a Client can rent an EVieBike in Active Rental state.
“Pause” – Pause is a function of the EVieBike where the Client can temporarily suspend a Rental and keep the bike in a hold status. During Pause only the Client who instigated the Pause may access or ride the Bike. That same Client can unpause the Bike and continue an Active Rental. The conditions of use of the Pause feature are connected to the Tariff and set out in the Price List
The “EVieBike Operating Area” – is the area, defined on the map in the App and the website and bounded by a Geofence where Clients can cycle the EVieBike. Clients must stay within the EVieBike Operating Area
“Geofence” – This is the border of the EVieBike Operating Area defined on the map in the App and the Website by a thick red line. Clients may not cycle outside of the Geofence and when they approach it the EVieBike will start braking, beeping and the lights will flash yellow. As resistance from the engine is applied to the wheels, the Client will be unable to cycle. The Client may be liable for a fine if they do not immediately return their bike within the geofence and end the rental in accordance with the Tariff conditions.
“Parking areas” – (also “Green Zones”) these are areas within the EVie Operating Area and shown on the App and the Website as unshaded, or clear colours within the Geofence where the Client is able to end a rental. The Client may be liable for an out-of-station fee if returning a bike within a Parking Area but outside a Station.
“Stations” are designated locations where the EVieBikes may be parked and Clients may end their rentals with no additional parking fee. A Station can either be a physical automated dispensing and receiving device (also “Docking Station) or a “Virtual Station” which is a location defined by GPS coordinates, sometimes marked by street signs or pavement markings and shown on the App and the Website. A Station is identified in the App by a rectangular icon which shows both the number of EVieBikes in the Station and total number of EVieBikes allowed to park there.
“Yellow Zones” – are areas within EVieBike’s Geofence where the Client may cycle but is forbidden to end a rental. Instead, the Client may Pause the bike within Yellow Zones but he/she must return the EVieBike to a Parking area within the timeframe stipulated by the Client’s Tariff.
1.3 The Agreement between the Company and the Client is entered into at the moment of the takeover of the EVieBike by the Client registered in the System in the manner described in these GTCs.
2. Basic Conditions
2.1 In consideration for the payment of the relevant Tariff which is calculated in accordance with the Pricelist, the Client shall be entitled to temporary use of an EVieBike, subject always to the GTCs set out in this Agreement.
2.2 For the avoidance of any doubt, title in the EVieBike(s) remains at all times with the Company and shall not pass to the Client in any circumstances.
2.3 Risk in use of the Bike(s) shall pass to the Client at the commencement of a rental period and shall not pass back to the Company until the rental period terminates in accordance with this Agreement.
3. Client’s User Account
3.1. To access the System the Client must provide registration information (including name, mobile phone number and email address). By providing this information the Client expressly confirms that the information he/she has provided is of a truthful nature and relates directly to themselves. The Client is explicitly forbidden from registering for the System by using other peoples’ or false information and understand that if the Client uses false information, or the Company has reasonable cause to suspect that the Client is using false or incorrect information then the Company has the right to terminate and/or restrict the Client’s use of the System.
3.2 The Client accesses the System via the App, or a Client card (which is a card or Fob with RFID chip connected to the System) or the System’s website at https://evie.je/.
3.3 The Company identifies the Client through his /her Client number and PIN that are used as a login and which the Client receives when registering. It is recommended to keep the PIN secret. Login and PIN together form the Client’s login information. All responsibility and liability for the misuse of login information is borne by the Client. The Client is obliged to inform the Company of any potential loss or misuse of the login information so that the login information may be blocked. The Client may change the PIN at any time by contacting customer support.
4. Operation of the System
4.1. The Bike is rented and returned through the System. The Client can find Bikes and Stations in the App.
4.2. The moment of takeover or beginning of the rental is the unlocking of the Bike either from a Physical Station or Virtual Station when the Client logs into the system.
4.3. The moment of terminating the rental or return of the Bike means the locking of the Bike either through the App, the Client card, the functionality of the Bike or the insertion of the Bike into a free lock at any Physical Station of the System. The Client must make sure that the Bike is properly locked (Checking can be carried out via the App or the light signals on the Bike) and is responsible for ensuring the rental is correctly terminated.
4.4. The maximum Rental and Active Rental times are listed in the Pricelist. If the Client does not return the Bike within these time limits, the Client may be obliged to pay additional charges to the Company, calculated in accordance with the Pricelist. The Client is required to pay for any potential damage caused to the Bike during the Rental Period or due to the Client’s failure to return the Bike at the end of the Rental Period. If the Rental is not terminated, the rental will be properly charged according to the Pricelist until the Maximum Rental Time.
4.5. The minimum rental period is ten minutes. The rental fee is charged according to the Pricelist depending on the chosen Tariff.
4.6. The Client may suspend or pause a rental via the App; the maximum period of the Pause rental suspension is defined in the Pricelist. The Client may Pause their Rental anywhere within the Operating Area. Within Yellow Zones, the Client can only Pause the Rental rather than Terminating the Rental.
4.7. To successfully return an EVieBike, the Client must be within a Parking Area or Green Zone as shown in the App, or at a Virtual Station where there is available capacity. Outside of Virtual Stations and Parking Zones the Client is unable to terminate a rental. The Client is responsible for returning their EVieBike to a Parking Zone or Virtual Station with available capacity to cover the Maximum Rental times. Failure to do so may mean the Client is liable for a fine as defined in the Client’s Tariff and Pricelist.
4.8. Where possible, the Company will attempt to provide a full Service of EVieBikes available for rental. However, the Company provides no guarantee or warranty as to the availability of the Service and EVieBikes for rental.
5. Payments for the use of the Bike
5.1 In order to use the System, the Client needs to provide a valid credit or debit card, which is either a VISA, Visa Electron, Mastercard, JCB or Amex and which is accepted by our Payment Partners and from which charges can be deducted (a “Payment Card”).
5.2 By registering for the System with a Payment Card, the Client agrees to allow the Company to collect from their account the relevant fees for use of the System including (without limitation) fees for rental, pause rental, out of station fees, rehoming fees, and additional charges for damage or a failure to return a Bike as set out in the Pricelist. The Company will only seek payment for fees in respect of actions initiated by the Client.
5.4 The Company reserve the right to amend these Terms and Conditions including the fees at any time but, where practicable, will use all reasonable endeavours to provide the Client with prior notification of any such amendments.
5.5 The Client has the right to terminate his or her participation in the System at any time by sending an email or calling the Call Centre and cancelling their registration provided there are no outstanding charges which are payable by the Client under these GTC. Contacts are found in the attached Pricelist.
5.6 The Company reserve the right to suspend or cancel this Agreement at any time and will use all reasonable endeavours to provide Clients with prior notification of such action.
5.7 EVieBike uses a third party to process payments and transactions and we accept any payment method that our Payment Partner accepts. Payments are serviced by PayU S.A which is located in 60-166 Poznań, ul. Grunwaldzka 186. Our Payment Partners are Level 1 PCI DSS compliant and offers 3-D secure and details of which can be supplied on request. We do not hold our Client’s payment details.
5.8 In paying for the use of the System, the Client accepts they must only use payment methods that they have full and complete legal authorisation to do so. The Company can suspend or terminate the provision of the System (in whole or in part) without telling the Client (although, where possible, the Client will be informed that the action may be taken) in the following cases:
- if the Company is aware or has reason to believe that the Client’s card and / or PIN number has been lost or is being used by the Client themselves or another person in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (or has been previously, regardless of whether this is with the Client’s consent or not);
- if the Company is aware or have reason to believe that the Client’s card and/or PIN number has been obtained in an unauthorised, unlawful, improper or fraudulent way or for criminal activities (regardless of whether this is with the Client’s consent or not);
- if the Client does not comply with any of the rules relating to the Services;
- if the Company is aware or have reason to believe that the Client has paid or are purporting to pay, using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back. The Company may reinstate provision of the Services when the full amount owing has been paid;
- if the Client notifies the Company that their card has been lost or stolen;
- if the Client does anything (or allow anything to be done) which the Company thinks may damage or affect the operation or security of the Bikes or equipment or the Client become bankrupt or make any arrangement with creditors.
5.9 The Company commits to being transparent and accurate in our pricing structure and Tariffs. However, where the Company has made a genuine mistake and mispriced the Services, the Company has the right to cancel, change or refuse Tariffs. If the Company has charged the Client prior to cancellation the Company will refund the proportional amount.
5.10 If a Client considers they have been incorrectly charged, they should email [email protected], stating their User ID and email within thirty (30) days of receiving the charge. The Company will provide a response within five (5) working days. The Client agrees that they waive their right to dispute any discrepancies after thirty (30) days following their receipt of the charge.
6. Basic rules for use
6.1. The Client may only be a person over the age of 14 years old.
6.2. A Client older than 18 years old may rent an EVieBike on behalf of a person under the age of 16 with the Client assuming all responsibility for such a person in regards to the Agreement and use of the Bike and System.
6.3. A Client older than 18 years can rent a maximum of 2 Bikes simultaneously. In such a case, the Client is responsible for all the Bikes as if he / she had rented and used them himself / herself.
6.4 The Client confirms, by accepting to this Agreement, that they are:
- competent in understanding and familiarity with how EVieBike operates,
- in reasonable physical condition so as to be able to use the EVieBike,
- they accept all risks of injury or a medical issue suffered as a result of their physical exertion in using the Bike,
- competent in understanding of traffic, applicable traffic laws, and weather conditions and how it is advisable to adjust their cycling style dependent on these conditions.
6.5 Every Client uses the Bike entirely at his /her own risk. The Client is obliged to check visually the technical condition of the Bike before the beginning of the rental, and in particular to check the front and rear brake functionality, the condition of the wheels and tyres, the functionality of the front and rear lights, immediately after taking over of the Bike. If the Client discovers a fault with the bike immediately after initiating a rental the Client should immediately end the rental and report the fault to the Company.
6.6. If the Client detects a defect in the technical condition of an EVieBike they must not use the Bike and he / she is obliged to inform the Company by email or via the defect reporting function in App, or via the Call Centre immediately. The Client is not entitled to modify, repair, change any parts by himself / herself or otherwise interfere with the Bike.
6.7. The Client agrees to take proper care of the Bike and to use it with due managerial care so as not to cause any damage or excessive wear to the Bike. Throughout the Rental period, the Client is fully responsible for damage incurred to a Bike and for damage to health and property to third parties caused by the use of the Bike, regardless of whether the Bike has been used by himself / herself or has left its use to another person.
6.8. In the event of loss, destruction or damage caused to a Bike the Client shall immediately inform the Company. In the event of loss or complete destruction of the Bike, the Client shall pay its full price. In the case of damage howsoever caused the Client shall pay the cost of its restoration. The Company reserves the right to collect such sums from the Client’s Payment Card pursuant to clause 5.2, above.
6.9. The Client is obliged to secure the Bike in a way to prevent its misuse, theft or damage. The Client agrees not to leave the Bike at places where the theft of the Bike or the violation of the rights of third parties (e.g. parking the Bike where it is forbidden) may be expected.
6.10 The Client agrees not to leave the Bike at places where it would become a danger, an obstacle or a nuisance, especially at busy places where collision with the guiding elements for the blind, with pedestrians and other participants of the traffic might occur, or at places of cultural or other value. The Client should respect the advice in App on where to park the Bike.
6.11. It is recommended that the Client wears a safety helmet at all times when operating the Bike and takes out a suitable Insurance policy.
6.12. The Client agrees to immediately inform the Company of theft or any attempted theft of the Bike or to notify the Police of this fact, which is also subject to immediate notification to the Company.
6.13 The Client agrees to accept full responsibility to pay any fines, fees or penalties that result from their actions whilst renting the EVieBike. The Client agrees that the Company can pass onto them any fines relating to incidents that occurred during the Client’s rental.
6.14. If any breach or neglect of the Client’s obligations under the Agreement or the GTC (in particular, failure to lock the Bike, leaving the Bike at an unsuitable place, etc.), leads to damage to the Bike, the Client agrees to compensate the Company for the damage incurred. The Company reserves the right to collect such sums from the Client’s Payment Card pursuant to clause 5.2 above.
6.15. Except for any legal responsibility that the Company cannot exclude in law (such as for death or personal injury caused by its negligence), the Company is not legally responsible for:
- any losses that were not foreseeable to the Client and the Company when the contract was formed
- caused by any breach on the Company’s part
- business losses; and
- losses to non-consumers.
7. Prohibited actions
7.1 When a Client operates or howsoever otherwise interacts with a Bike(s) they agree to the following:
7.1.1 That the Client is not under the influence of alcohol or drugs. The Client acknowledges that using the Bike whilst under the influence of these items will directly impact their liability.
7.1.2. That the Client is expressly forbidden from altering, modifying, or repairing the Bike in any way. This includes writing on the Bike, defacing the Bike, and making alterations or additions to its components.
7.1.3. That the Client will not use the Bike for any commercial activity.
7.1.4. That the Client use of the EVieBike is solely to go between destinations, and that The Client will practice accepted standards of cycling appropriate to urban conditions. This expressly prohibits use of the Bike to pull or push anything, use of the Bike for racing, stunt or trick riding and use of the Bike with passengers.
7.1.5. That the Client is prohibited from using the Bike in violation of any laws or regulations. This includes riding on pedestrian pavements or any other land where cycling is not allowed. The Client is encouraged to review closely the appropriate signage and road markings.
7.1.7. That the Client will not leave the Bike in Yellow Zones nor outside the Geofence Boundaries. Information on where the Client is restricted from riding and ending rentals is available in Our App.
7.1.8. That the Client will use the basket located at the front of the Bike for light goods only. The Client is prohibited from filling the basket with heavy items over 15 kilos that may impact the Client’s balance, steering control, safety and comfort. The Client is further prohibited from filling the basket with items that protrude from the sides or through the basket that may become dangerous to the Client, other road users and pedestrians. The Client accepts that if an accident should occur due to the Client over-loading the basket or otherwise carrying an awkward load that The Client will be liable for all costs.
7.1.9. That the Client will not use any external locking mechanism to lock the Bike apart from any provided by Us.
7.2. If the Client becomes a participant in a traffic accident, he / she is obliged to immediately inform the Company by email, or App or Phone after notifying the relevant authorities. Furthermore, the Client is obliged to provide the Company with all necessary cooperation in the handling of all administrative tasks connected with the settlement of an insured event. Any damage incurred to third parties is paid by the Client in accordance with applicable legal regulations and the extent of his / her fault. Any damage for any reason not covered by insurance is to be paid by the Client to the Company within the specified extent of the necessary repair or replacement costs
8. Personal Data Protection & Privacy
8.2. As a user of the Services, the Company may collect information related to the Client’s Bike rentals (such as routes, millage, duration, and other details).
8.3. Our Bikes are GPS enabled. the Company may track and monitor our Bike’s location. GPS data is used by us to fulfil our Service. It allows us to provide the Client with information about their Rentals which is viewable in the App. It also allows for us to locate Bikes that have been lost and stolen, as well as provide the Client with information on where available Bikes are.
9.1. Except for any legal responsibility that the Company cannot exclude in law (such as for death or personal injury caused by its negligence), the Company is not legally responsible for any losses:
- that were not foreseeable to the Client and the Company when the contract was formed; or
- caused by any breach on the Company’s part;
- business losses; and
- losses to non-consumers.
10.1. By registering for and using the Services, you represent and warrant to EVie that you have received all explanations as you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder.
10.3. The rights granted to you under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without the written consent of EVie shall be void and of no force and effect.
10.4. EVie may transfer its rights and obligations under this Agreement to a member of JEV Company Limited. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement. If you are unhappy with the transfer you may contact us by email to hello.evie.je to end the contract within fourteen (14) days of us notifying you about it and we will refund to you any payments you have made in advance for Services not yet provided.
10.5. No delay or omission by EVie to exercise any right or power occurring upon any non-compliance or default by you with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by EVie of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
10.6. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
10.7. This Agreement is governed by the laws of Jersey. All disputes hereunder shall be resolved solely in the Jersey courts. The parties hereby consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defences otherwise available.
10.8. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to EVie in the your completed subscription application or as updated by you and on file with EVie. Any notices or communication required or permitted to be given to EVie shall be in writing and shall be sufficiently given if delivered via email or sent by registered post as follows:
JEV Company Ltd., 46/50 Kensington Place, Jersey JE1 1ET
Email Address: [email protected]
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
11. Pricelist & Tariffs
11.1 When first registering for the System a £1.00 card authorization fee is charged. This amount is transferred into bonus credit on the Client’s account and is defined in the Tariff in the App as Minimum Initial Credit.
11.2 A bike can be rented as an E-bike (with Electric Assist) or as a Pedal Bike (without Electric Assist). When the Client undertakes a rental of a bike they agree to it on the basis of the fees or Tariffs. The Tariffs are found here.