CYCLEDIOS BERHAD RENTAL SERVICE AGREEMENT

  • CycleDios Berhad provides short distance and recreational transportation vehicles rental service (hereinafter referred to as “the Services”) which includes single seated or multiple seated bicycles, tricycles and other similar class of vehicles (hereinafter known as “Bicycles”). This “CycleDios Bicycle Rental Service Agreement” is between CycleDios Berhad, including its related companies, (hereinafter referred to as "the Company" or “us”) between the Service User (hereinafter referred to as the "User") in relation to opening and operating of an account for the use of the bicycle, the downloading of the application, the use of the “CycleDios” software, and the terms and conditions regulating the use of the CycleDios bicycle rental service provided by this agreement.

    In consideration of the Company renting a bicycle to the User, the User agrees to the terms and conditions of this Agreement. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING CYCLEDIOS BERHAD SERVICES.

    The procedures to register a “CycleDios Account” with us are as follows;

    1. DOWNLOAD THE CYCLEDIOS APP
    1. You should download CycleDios App online through Google Play Store or Apple App Store.
    2. CREATE AN ACCOUNT
    1. To open an account, the User must be at least 12 years old.
    2. User is required to provide your personal information with your phone number and other necessary information for the registration.
    3. The Company reserves the right to refuse any application to open an Account and/or to refuse to enter into this Agreement without prior notice to you.
    4. To create an account on CycleDios App, user must read and agree to the “terms of service”.
    5. After successful registration, we will provide you with a personal account (hereinafter referred to as “CycleDios Account’), which mean that you have authorize us to use your personal information for providing you the services and you are entitle to access of all of our services.
    6. Upon successful registration, user will be sent an email with instructions to verify his or her account.
    3. ACTIVATE AN ACCOUNT
    1. To begin using the services, user is required to deposit a minimum of credit (refer to Table 1) to activate and maintain the account.
    2. The access of services will be disabled if the minimum account balance retained in the user’s account is below than an amount as mention in Table 1.
    4. PAYMENT
    1. User understands that use of the services may result in charges to him or her.
    2. User agrees to authorize the Company to deduct the applicable charges of any services received from the user’s account.
    3. Charges are due immediately after user receives the services he or she signs up for, and payment will be deducted directly from the user’s account on CycleDios app.
    4. Charges will be inclusive of applicable taxes where required by law.
    5. The following methods of payment are accepted by CycleDios Berhad: credit card or debit card which is issued by local or foreign bank, cash deposit, online banking, cheque and prepaid top-up.

    4.1      Minimum balance credit to maintain the Account

    1. A minimum balance credit (refer to Table 1) in the Account is required before using the bicycle.
    2. The minimum account balance which is stipulated by CycleDios Berhad and is subject to change must be sufficient to pay by the User to use the Services.
    3. If the User does not have a minimum balance credit in the account, the User shall not be able to use the bicycle.
    4. RM10 from the minimum account balance will be charged as a non-refundable Relocation Fee if the User does not return and/or park the Bicycle at the assigned parking lot.

    *Table 1
    The amount may vary from time to time.

     

    Table of Cost

    Types of Services

    Minimum Account Balance (including the Relocation Fee)

    First Thirty (30) Minutes

     

    Subsequent (30) Minutes

    City Angel

    RM 15

    RM 1

    RM 1

    Child Angel

    RM 20

    RM 9

    RM 9

    Double Angel

     

     

     

    Sweet Angel

     

     

     

    Twin Angel

    RM 25

    RM 13

    RM 13

    Triple Angel

     

     

     

    Family Angel

    RM 30

    RM 17

    RM 17

    Travel Angel

    RM 40

    RM 26

    RM 26

    4.2      Cost

    1. Once unlock the bicycle, you are liable to pay for the cost of using the bicycle.
    2. The amount in CycleDios Account will be used to pay for your riding cost which is charged based on the duration of Service (refer to Table 1). It has no expiry date and cannot be refunded, converted or donated to others. We will keep you inform of each of your riding cost.
    5. SUBJECT TO THE LOSS

    5.1      User will be required to pay and/or compensate CycleDios Berhad for claims arising from malicious damages whether intentionally or unintentionally.

    5.2      If the bicycle is stolen or lost due to User does not lock the bicycle once returned or the carelessness of User during cycling or otherwise, CycleDios Berhad has the right to charge the User the replacement cost of the bicycle. You are required to report the loss to the Customer Service within 24 hours following the disappearance and must also report the loss to the local police department and furnish the police report to the Customer Service.

    5.3      User is responsible to take good care of the bicycle and the bicycle must be returned in the same condition in which it was rented. If the bicycle was found in a damaged condition and/or in a state of disrepair, User will be charged a fee that equals to the cost of repair. The Customer Service will attempt to contact the User via telephone and/or email and/or SMS about the charging, by using the information provided by the User during the registration.

    6. CycleDios Berhad from time to time may provide certain Users with promotional offers and discounts that may result in different amount charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. 7. TERMINATION OF AGREEMENT

    7.1      CycleDios Berhad may terminate this Agreement at any time, without cause, legal process, or notice to the User.

    8. GENERAL RULES AND TERMS OF USE AND RESTRICTIONS

    8.1 Requirements

    • User must meets the minimum age requirements of 12 years of age or older to register. 
    • User represents and warrants that you are experienced and familiar with and capable of safely and competently operating a Bicycle, and further, that You are physically and mentally fit to ride a Bicycle.

    8.2      Guidelines & Rules on the use of the bicycle

    • Riding on your own risk;
    • You shall slow down and prepare to stop your Bike for pedestrian at crowded pavement or places likes bus stops;
    • You must stop and pay attention to traffic flow in pedestrian crossing and cross carefully;
    • You are encouraged to prepare your own supply of helmet and that you wear the helmet at all times during riding to avoid any injuries to the head;
    • You are solely responsible for any traffic violations and/or fines incurred by you while using the bicycle, including any fees for parking the bicycle in a prohibited locations;
    • You shall be responsible for each bicycle rented under your Account;
    • You shall be responsible for ensuring that any individual operating or using a bicycle rented under your account shall read and comply with this Agreement;
    • Before unlocking a bicycle, you must check the condition of the bicycle. If there is a problem found with the bicycle, do not unlock it, and you must immediately report through CycleDios Application or contact our Customer Service on the faulty bicycle;
    • Once unlocked, you should take responsibility for the bicycle until you return it to the designated parking area in the same condition as originally you received it. During the rental period, you are required to take good care of the bicycle and be responsible to keep the bicycle away from malicious destruction. Should the bicycle be damaged under your rental period; it shall render your account to be blocked or suspended;
    • You are completely responsible and liable for deliberately damages to the bicycle you have rented from CycleDios Berhad;
    • The timing for the ride begins either when the bicycle is unlocked or at the time the User reserves a bicycle with the mobile application or on the website. The Rental Period ends when the bicycle is locked at any of the designated locations provided by CycleDios Berhad. A Relocation Fee will be charged if the bicycle is not returned and/or locked to the designated location after the Rental Period;
    • CycleDios Berhad is responsible for the daily running, maintenance and repair of the bicycle. But it does not mean that the Company has the obligation to ensure that all the available bicycles are in a trouble-free condition in real time. The user should confirm the integrity of the components, efficiency, and familiarize with the performance of bicycle and safety devices before using the bicycle;
    • The service is not available for use by a person under the age of 12. You may not authorize third parties to use your Account, and you may not allow a person under the age of 12 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you;
    • You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the services and you may only use the services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
    • You will not in your use of the services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity;
    • By creating an Account, you agree that CycleDios Berhad may send you informational content via the CycleDios Application, short message service (SMS), electronic direct mailers (eDM)  as part of the normal business operation of your use of the Services;
    • You are solely responsible to obtain the necessary data network access to use the services. Your mobile network's data and messaging rates and fees may apply if you access or use the services. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and Applications and any updates thereto. CycleDios Berhad does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic devices;
    • CycleDios bicycle which is meant for renting shall remain the exclusive property of CycleDios Berhad at all times;
    • In the event of theft or an accident (resulting in bodily injury) that occurs during the riding, you need to contact the Customer Service and Local Police immediately;
    • If you cause damage to property or injury to another party while riding or in possession of the bicycles, you are solely liable for such damage or injury; and
    • You are liable for the cost of damages incurred on the bicycles as a result of abuse, improper use or malicious damage or negligence.

    8.3      RESTRICTED USES

    • You shall not ride or attempt to operate the bicycle if You are under the influence of drugs or alcohol and/or impaired;
    • You shall not use the bicycle for racing, tricks riding, jumping, stunt riding and/or, off-road riding;
    • You shall not operate the bicycle on unpaved roads , through puddles or water, or in any other uses/places prohibited by law or that you know or ought reasonably to know may expose you or others to risk of injury, death or other harm and/or to expose the bicycle to risk of loss or damage;
    • You must be seated at all times while pedaling and shall not pedal the bicycle while in a standing position;
    • You shall not tow, pull, carry or push any person or object with bicycle as such can create unsafe conditions;
    • You must not use any text messaging device, cellular telephone, portable music player, or other type of devices that may distract you from operating a bicycle safely;
    • You should not overfill the basket with too many items or heavy items as it can cause an unsafe condition and may impair the balance, steering and/or stability of the bicycle which can result in injury to you or injury or damage to other persons or third party property;
    • You must not dismantle, write on, or otherwise modify or deface a bicycle or any part of the bicycle in anyway;
    • You shall not remove, add or modify any accessories, parts or components of the bicycle as it is a criminal act to do so;
    • You must not use any locking mechanism, other than the locking mechanism provided by the Company to lock a bicycle; and
    • You are not allowed to use the bicycle for any advertising or similar commercial purpose.
    9. ACCEPTANCE OF AGREEMENT BY USER

    9.1    The User expressly acknowledges that he or she has carefully read the Agreement, including the terms and conditions, and understands this Agreement, including but not limited to the Waiver of Liability, Assumption of Risk, General and Unconditional Release and Indemnification Provisions, fully and expressly agrees to be bound by this Agreement. The User voluntarily gives his or her consent and expressly agrees to all the conditions included in this Agreement as set forth above.

    BY RENTING AND OPERATING A BICYCLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND EXPRESSLY AGREED TO THE ABOVE AGREEMENT AND THE TERMS AND CONDITIONS.