These Supplemental Partner Plan Terms (these “Partner Plan Terms”) supplement the BIKI USER AGREEMENT, LIABILITY WAIVER AND RELEASE (the “Agreement”) with respect to Biki pricing plans entered into under an employer or affinity discount program (each a “Partner Plan”). These Partner Plan Terms apply only during the period in which the Employer Plan or the Affinity Plan is offered (the “Discount Period”). During the Discount Period, where these Partner Plan Terms conflict with the terms of the Agreement, these Partner Plan Terms shall control with respect to the Partner Plan. With respect to all matters not specifically addressed by these Partner Plan Terms, the Agreement remains operative. Following the Discount Period, the terms and conditions set forth in the Agreement including the fees and pricing set forth in the Agreement will apply to any future use of the Biki System or Equipment.
Plans
Discounted $15 Monthly
Under the Partner Plan, the $15 Monthly plan, as described in the Agreement, will be made available for a Discounted Price during the Discount Period, reflecting a Discount Rate. The applicable Discounted Price and Discount Rate are specified in a separate agreement with the Employer or the Affinity entity. All other terms and conditions of the $15 Monthly Plan as set forth in the Agreement will apply.
The Partner Plan requires the User to be on monthly auto-renew with Biki to remain on the Partner Plan after the initial month. Users can opt out of auto-renewal and discontinue their Partner Plan by opting out of auto-renew on biki12-23.test or by contacting 1-888-340-2454.
If the User has an existing subscription with Biki, the Discount Period will start once the existing subscription ends, though the User will be billed for the Partner Plan on the day of purchase. User will be eligible for a free 13th month, if they continue to be on the Employer or Affinity Plan for 12 months.
If a User ceases to be an employee of the organization associated with the Employer Plan as defined in the agreement with the employer, he or she may lose eligibility for the Employer Plan. User may lose eligibility for the Affinity Plan if a User ceases to be an affiliate of the organization associated with the Affinity Plan as defined for this plan, the details of which is specified in a separate agreement with the Affinity entity (e.g., not enrolled as full- or part-time student in case the Affinity entity is a school, not an active current member in case the Affinity entity is a membership group, etc.). In these events, billing rates will revert to the undiscounted rates set forth in the Agreement. Only one Employer or Affinity Plan may be registered per employee or affinity member.
Biki reserves the rights to modify its pricing. If a change in pricing occurs during the Discount Period, Biki will continue to offer a corresponding discount on a plan as specified by Biki.
Term
The time when the Discount Period ends will be determined at Biki’s discretion, but not earlier than December 31, 2018.
Taxes
Hawaii General Excise Tax (GET) will be charged on all Fees and Plans except for the security deposit hold.
BIKI RIDER RELEASE: USER AGREEMENT,
LIABILITY WAIVER AND RELEASE, VERSION 1.2
USER IS ADVISED TO REVIEW THIS DOCUMENT CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT AS IT IS A BINDING LEGAL AGREEMENT.
THIS BIKI USER AGREEMENT, LIABILITY WAIVER AND RELEASE (this “Agreement”) is made by and between the participant executing this Agreement (“You” or “User”), Bikeshare Hawaii (“BSH”) and Secure Bike Share Hawaii LLC (“SBSH”) as of the date User first participates in the Program (defined below) or uses any of the Program Equipment (defined below). By participating in the Program and using the Program Equipment, User hereby agrees to the terms and conditions of this Agreement.
RECITALS
AGREEMENT
EXHIBIT A
Program Rules and Regulations
In addition to the terms and conditions contained in the Agreement, participation in the Program and use of the Program Equipment by User shall at all times be subject to the following rules and regulations, as the same may be amended from time to time in the sole discretion of SBSH:
EXHIBIT B
Fee Policies and Procedures
Availability
SBSH undertakes to maintain the Program 7 days a week, 24-hours a day. There will be periods where the Program is unavailable due to technical problems, required service or software updates, requirements of the City or other authorities, or circumstances beyond SBSH's control.
SBSH crews will periodically move Bicycles from overfull to less full Stations and will periodically perform maintenance on the Stations and Bicycles. However, SBSH does not guarantee that you will find an available Bicycle or an empty Bicycle Dock at any particular Station at any particular time or that Stations or Bicycles will be in working order at all times.
Activation of Biki Pass
Users who sign up for a Price Plan on biki12-23.test can receive their Biki Pass via the US Mail. Alternatively, they may pick up a Biki Pass at the offices of Biki during normal business hours. Biki Passes must be activated upon receipt by visiting biki12-23.test.
Users who use a Station to purchase a Biki pricing plan will not receive a Biki Pass. Instead, Users will use the same credit or debit card used to purchase their plan to access Bicycles. The credit or debit card will be inserted into the Station kiosk each time the User wishes to release a Bicycle and a new 5-digit ride code will be provided to release a Bicycle each time.
Payment Confirmation and Receipt of Biki Pass
Users who purchase a Biki Pass online should receive payment confirmation via e-mail. SBSH will mail Biki Passes within three business days of purchase if applicable, but does not guarantee delivery time. If Users do not receive a payment confirmation or their Biki Pass within this time period, contact SBSH support at 1-888-340-2454.
Credit Card Transactions
Biki accepts Visa, MasterCard, AMEX, Diners Club, JCB and Discover credit cards. If the credit card User provided with a User’s Biki pricing plan is terminated or is unable to process Biki transactions, User’s plan access will be terminated.
You agree to report any changes in your relationship with your credit card issuer, which could affect the execution of charges. SBSH is authorized by you to contact your credit card issuer to update information required to execute charges. If your credit card expires and you do not submit a new one, your account may be suspended or terminated.
Charges to Your Credit Card Account and Statements
Upon signing up for a Biki pricing plan via the Station or on biki12-23.test, your credit or debit card will be charged immediately for the applicable amount as outlined in the “Plan and Fee Schedule”. A hold for a security deposit, of which the amount is also specified in the “Plan and Fee Schedule”, may be placed on your card. The hold on your card will be released within a few days after the return of the Bicycle and applicable charges have been charged.
If you signed up on biki12-23.test, you can review your charges after logging in to your account. If your purchase was made at a Station, you may request a receipt at the time of purchase.
Responsibility of Returning Biki Bicycle
To return a Bicycle, User must secure it into an available Bicycle dock at a Station (a “Bicycle Dock”). A light signal turns yellow then green, confirming that the Bicycle has been returned and locked. A red light signal indicates that the Bicycle is not properly secured. A Bicycle that is not properly secured remains User’s responsibility.
Bicycle Dock Malfunction: If the light on the Bicycle Dock flashes red and the Bicycle cannot be returned, User must return the Bicycle into another available Bicycle Dock.
Unavailability of Bicycle Docks: Users will receive an additional 15-minute time credit where no Bicycle Dock is available at the Station of User’s choice. User must enter User’s Biki Pass or the credit card used at the kiosk of the same Bicycle Station where no bicycle dock is available to access the additional time credit. Users on Single Rides can request additional minutes by calling 1-888-340-2454.
Lost or Damaged Bicycle
Bicycles not returned within 24 hours are considered lost or stolen.
If User does not return a Bicycle as required by this Agreement or causes damage to a Bicycle, User agrees to pay an amount not to exceed the fee for replacement of a Bicycle, listed in “Plan and Fee Schedule.”
If User believes a Bicycle checked out to User has been stolen, contact 1-888-340-2454 immediately and file a police report within 24 hours.
In the event that a Bicycle checked out to User is lost or damaged, SBSH may charge User’s credit card for any excess amount owed.
In the event that a lost Bicycle is recovered, User must return it to SBSH. SBSH will refund lost Bicycle charges in excess of SBSH's actual recovery and repair costs and administrative costs it incurred. In no event may any User take permanent possession of, or sell, a Biki Bicycle.
Lost or Damaged Biki Pass
User is responsible for any Bicycle accessed with User’s Biki Pass. If a Biki Pass is lost or stolen, please call 1-888-340-2454 immediately to report the loss. We will immediately disable the Biki Pass and issue you a replacement for a lost/stolen fee. The Biki Pass replacement fee amount is specified in “Plan and Fee Schedule.” Use of a lost or stolen card is your sole responsibility.
A Biki Pass that has become unusable may be replaced. A Biki Pass replacement fee, of which the amount is specified in “Plan and Fee Schedule,” will apply and the original Biki Pass will be disabled.
Disabled Biki Passes cannot be used again.
Refund Policy
Biki pricing plans are non-refundable and have no cash value. User’s Plan Price will not be refunded if User relocates, is no longer able to participate in program or if User’s plan access is terminated due to breach of this Agreement. Remaining minutes or time period on any Biki pricing plan have no cash value and may not be transferred to another Plan.
Users are not entitled to any refund of Overtime Fees or Plan Price. Partial or full refunds are at the sole discretion of SBSH; service fees may apply.
EXHIBIT C
Plan and Fee Schedule, Version 1.1
Fees Applicable to All Plans
The data generated by the Biki system shall be proof of the duration of each Trip.
Biki Pricing Plans
Single Ride
$3.50 for the first 30 minutes of use. Overtime fee for each additional 30 minutes of use or fraction thereof
A Single Ride begins when a Bicycle is unlocked from a Biki Stop and ends when that Bicycle is redocked at any Biki Stop. Remnants of time from one Single Ride are not carried over to future Single Rides. For example, if your first Single Ride is 40 minutes, you will be charged the Single Ride price plus the overtime fee, for a total of $7.00. If you unlock a Bicycle for another Single Ride, no time from your first Single Ride will be applied to your second Single Ride, etc.
Overtime fees will be charged within 2 business days of the end of the trip.
Free Spirit
$20.00 for a pre-paid bank of 300 minutes (5 hours) to be used in any increments for rides of any duration over any period of time. Minutes are deducted as usage occurs, starting when a Bicycle is unlocked from any Station and stopping when a Bicycle is docked at any Station.
At the end of each ride, you can know how much time you have remaining and review your ride history by visiting the Station and inserting either your Biki Pass, or credit/debit card if you are not a Biki Pass holder. If you signed up on biki12-23.test or the Biki App, you can also review your ride history and remaining time after logging in to biki12-23.test.
An SMS alert will be sent when a Bicycle is securely docked within the last 30 minutes of ride time. At that time, you can agree to reload your Plan with another 300 minutes of time for the plan price via biki12-23.test or contacting 1-888-340-2454. If you choose not to reload at that time, we will alert you when a Bicycle is securely docked with 0 minute remaining and when you have usage exceeding the time balance established in the plan. At that time, you can agree to reload your Plan with another 300 minutes of time for the plan price. SMS alerts are sent to Users who have provided valid mobile numbers.
If you exceed the time remaining on your Free Spirit Plan, you will be charged an overtime fee of $3.50 for each 30 minutes or fraction of 30 minutes of overtime use. Overtime fees will continue until a reload is authorized and will not be deducted from the cost of a reload.
Overtime fees will be charged within 2 business days of the end of the trip. Users acknowledge that Users who sign up for the Free Spirit Plan on biki12-23.test or Biki App will authorize auto-reload, unless they opt out during the sign-up process. This authorizes SBSH to charge your credit or debit card for the plan price and add 330 minutes to your Biki Pass when zero minute of pre-paid time remains on Users’ accounts. You may cancel your auto-reload option at any time on biki12-23.test or by contacting 1-888-340-2454.
Unused minutes have no cash value and remaining minutes will not be refunded nor can their value be transferred to another Price Plan. The Free Spirit Plan is designed to be used over long periods of time, however SBSH reserves the right to deactivate your Free Spirit Plan after 2 years of inactivity.
$15 Monthly
$15.00 for one month of an unlimited number of 30 minute rides.
An individual 30-minute ride begins when a Bicycle is unlocked from a Biki Stop and ends when that Bicycle is redocked at any Biki Stop. Remnants of time from one 30-minute ride cannot be carried over to future 30-minute rides. For example, if a 30-minute ride is only 20 minutes, you are within your 30-minute time limit window for that ride. However, the 10 minutes remaining from that ride cannot be carried over to a future 30-minute ride to allow for a 40-minute ride to avoid overtime fees.
If you exceed 30 minutes of ride time on any and all individual 30-minute rides, you will incur overtime charges. Each 30-minutes of overage or fraction of 30-minutes triggers an overtime fee of $3.50. For example, if your ride is 40 minutes, you will be assessed an overtime fee of $3.50. If your ride is 67 minutes, you will be assessed the overtime fee twice, for a total of $7.00. You will incur overtime fees each time you exceed your 30-minute time limit. Therefore, multiple overtime fees may be assessed each month.
Overtime fees during a given month are aggregated and charged as a single payment during each billing cycle at a date determined by SBSH for all monthly subscription.
You may ride as many individual 30-minute rides as you desire within the month you have purchased.
At the end of each ride, you can review your ride history by visiting the Station and inserting either your Biki Pass, or credit/debit card if you are not a Biki Pass holder. If you signed up on biki12-23.test or the Biki App, you can also review your ride history after logging in to biki12-23.test.
Users acknowledge that Users who sign up for the $15 Monthly plan on biki12-23.test or Biki App will authorize auto-renewal, unless they opt out during the sign-up process. This authorizes SBSH to charge your credit or debit card for the plan price and add another month to the subscription when each $15 Monthly plan month ends. Users on auto-renewal for 12 months on the same plan may be eligible for a free 13th month. You may cancel your auto-renew option at any time on biki12-23.test or by contacting 1-888-340-2454.
$25 Monthly
$25.00 for one month of an unlimited number of 60 minute rides.
An individual 60-minute ride begins when a Bicycle is unlocked from a Biki Stop and ends when that Bicycle is redocked at any Biki Stop. Remnants of time from one 60-minute ride cannot be carried over to future 60-minute rides. For example, if a 60-minute ride is only 50 minutes, you are within your 60-minute time limit window for that ride. However, the 10 minutes remaining from that ride cannot be carried over to a future 60-minute ride to allow for a 70-minute ride to avoid overtime fees.
If you exceed 60 minutes of ride time on any and all individual 60-minute rides, you will incur overtime charges. Each 30-minutes of overage or fraction of 30-minutes triggers an overtime fee of $3.50. For example, if your ride is 70 minutes, you will be assessed an overtime fee of $3.50. If your ride is 97 minutes, you will be assessed the overtime fee twice, for a total of $7.00. You will incur overtime fees each time you exceed your 60-minute time limit. Therefore, multiple overtime fees may be assessed each month.
Overtime fees during a given month are aggregated and charged as a single payment during each billing cycle at a date determined by SBSH for all monthly subscription.
You may ride as many individual 60-minute rides as you desire within the month you have purchased.
At the end of each ride, you can review your ride history by visiting the Station and inserting either your Biki Pass, or credit/debit card if you are not a Biki Pass holder. If you signed up on biki12-23.test or the Biki App, you can also review your ride history after logging in to biki12-23.test.
Users acknowledge that Users who sign up for the $25 Monthly plan on biki12-23.test or Biki App will authorize auto-renewal, unless they opt out during the sign-up process. This authorizes SBSH to charge your credit or debit card for the plan price and add another month to the subscription when the $25 Monthly plan ends. Users on auto-renewal for 12 months on the same plan may be eligible for a free 13th month. You may cancel your auto-renew option at any time on biki12-23.test or by contacting 1-888-340-2454.
Taxes
Hawaii General Excise Tax (GET) will be charged on all Fees and Plans except for the security deposit hold.
Privacy Policy
Effective date: February 6, 2018
Bikeshare Hawaii and Secure Bike Share Hawaii LLC (collectively “Bikeshare Hawaii”) are committed to maintaining your confidence and trust. Therefore, we maintain the following privacy policy to help you understand how we collect, use, share, and protect the personal information you provide to us through biki12-23.test (the “Site”), our bike share kiosks, docking stations, customer service center, and any authorized mobile application (collectively, the “Services”).
Information Bikeshare Hawaii May Collect
You may browse our website without purchasing a Membership. However, if you register for a Membership, Bikeshare Hawaii may collect the following types of personally identifiable information: name, mailing and e-mail addresses, and telephone number; date of birth and gender; account credentials; credit card or debit card number, expiration date, authorization number or security code, mailing address, and billing address; and your trip history and location information through use of the Services. We may also collect and store e-mail messages and responses through the customer service center.
Bikeshare Hawaii may also collect non-personally identifiable information such as traffic patterns and usage statistics. This includes, but is not limited to: trip duration, start time, stop time, stations used, bicycle identification numbers, and user type. See below regarding Computer and Non-Personal Data for other types of non-personally identifiable information.
How Bikeshare Hawaii May Use Information Collected
Bikeshare Hawaii may use the information collected through the Site or the Services for the following purposes, including, but not limited to: processing orders, responding to customer service messages, promoting, operating and supporting Bikeshare Hawaii, including contacting you for market research or promotions, improving the Site or the Services, analyzing and monitoring your use of the Site or the Services, and informing authorities and insurers in the case of an accident.
How Bikeshare Hawaii Shares Your Information
Except as prohibited by law, Bikeshare Hawaii may share your information with the following third parties, including, but not limited to: authorized partners and contractors for the Services, third parties for back-end support (i.e., credit card processing), advertising, and marketing purposes, if required by law, in the event of a sale or merger of the company or any subsequent operator of the Site and the Services, and as otherwise stated in this Privacy Policy.
The Site contains links to other sites. Please be aware that Bikeshare Hawaii is not responsible for the content or privacy policies of such other sites. We encourage our users to be aware when they leave our site and to read the privacy policy of any other site that collects personally identifiable information.
Reviewing or Changing Your Information
You are responsible for maintaining the accuracy of your information. To change your information, log into your account on biki12-23.test or through Biki app. Alternatively, contact us at:
Phone: 1-888-340-2454
Email: support@biki12-23.test
Opt-Out Procedures
If you wish to opt-out of receiving promotional or marketing e-mail communications, you may do so by contacting Bikeshare Hawaii at support@biki12-23.test or by following instructions contained within promotional or marketing e-mails. However, you may not opt out from receiving e-mail communications relating to your account or using our Services while your account is active. If you no longer wish to use the Services or receive any form of direct contact from Bikeshare Hawaii contact us at: support@biki12-23.test
Computer and Non-Personal Data
Bikeshare Hawaii uses cookies on the Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to the Site and identify repeat visitors to the Site. For example, we may use a cookie to identify you, to determine user traffic patterns, or enhance the visitor’s experience on the Site. You may choose to disable your cookies or refuse to accept a cookie, but you may not be able to access all areas or features of the Site without your browser accepting cookies.
Bikeshare Hawaii will also collect Internet Protocol (IP) addresses, the type of browser the visitor is using, the type of computer operating system, the domain name of the website that you used to access the Site, and travel information without personally identifiable information attached.
Updates and Changes to Privacy Policy
Bikeshare Hawaii reserves the right to amend, modify or change this Privacy Policy at any time and without your consent. Please review this Privacy Policy on a regular basis to maintain awareness on any amendments, modifications or changes. If you choose to visit our Site, you are subject to this Privacy Policy and the User Agreement.
Protection for Children
Bikeshare Hawaii’s Site and Services are not intended for users under the age of 18 (or 16 with parent or legal guardian’s consent), and, as such, does not knowingly collect personal information from anyone under the age of 18 (or 16 with parent or legal guardian’s consent). If you are under the age of 18 without parent or legal guardian’s consent, please do not use the Site or the Services and do not submit any personal information to Bikeshare Hawaii. If a parent or guardian becomes aware that his or her child under the age of 18 has provided us with personal information without his or her consent, he or she should contact us at support@biki12-23.test and we will delete such information from our files.
Security
We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard the information you send us. Please note that no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee the security of the information that you transmit via our Site and Services. Bikeshare Hawaii will not be liable for any breaches of confidentiality due to system failure or unauthorized access by third parties.
Consent
By using our Site and Services, you accept the terms of this Privacy Policy. By continuing to use the Site and the Services, you consent to any changes to this Privacy Policy. Please do not use the Site or the Services if you do not agree to this policy.
Contact
For more information or if you have questions or concerns regarding this Privacy Policy, please email us at: support@biki12-23.test.