May 12, 2021 Version
Effective from May 19, 2021
This "Qingju Bicycle User Rental Service Agreement" (hereinafter referred to as the "Agreement") is signed and implemented by the following parties in accordance with the Civil Code of the People's Republic of China and other relevant laws and regulations.
NOTICE FOR USE:
BEFORE YOU (HEREINAFTER REFERRED TO AS THE "USER") (AS DEFINED BELOW) REGISTER AND USE QINGJU BICYCLE, PLEASE READ, UNDERSTAND AND ACCEPT THIS AGREEMENT, ESPECIALLY THE PART IN BOLD. IF YOU ARE A MINOR, PLEASE CONTACT THE GUARDIAN ACCOMPANIED AND HELPED TO READ ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE OR CANNOT FULLY UNDERSTAND ANY TERMS IN THIS AGREEMENT, PLEASE STOP THE SUBSEQUENT OPERATIONS. IF YOU CLICK TO CONFIRM THROUGH THE PLATFORM (INCLUDING DIDI APP BICYCLE PLATFORM, QINGJU CYCLING WECHAT APPLET, QINGJU APP, HEREINAFTER REFERRED TO AS "PLATFORM" OR "PLATFORM PARTY") PAGE OR ANY OTHER METHOD, IT SHALL BE DEEMED THAT YOU FULLY AGREE AND UNDERSTAND THIS ANY TERMS IN THE AGREEMENT.
1. DEFINITION
1.1User: The end user (hereinafter referred to as the "User" or “You") who registers an account and rents a bicycle through the Platform (as defined in the User Service Agreement of Bike Sharing Platform, including the Didi APP cycling page and the Qingju cycling WeChat Applet, Qingju APP) after signing this agreement by clicking the confirmation option.
1.2Lessor: Guangzhou Qi'an Technology Co., Ltd., which is the owner and operator of Qingju Bicycles connected to the Platform, and provides the User with bicycle rental and related services through the Platform (hereinafter referred to as the "Lessor").
1.3Bicycle: the Qingju bicycles that the Lessor rents to the User through the Platform (hereinafter referred to as "Bicycle").
2. BICYCLE RENTAL CONDITIONS
2.1 THE USER SHOULD ALREADY HAVE THE APPROPRIATE CIVIL CAPACITY (THE USER SHOULD BE A HEALTHY PERSON OVER 12 YEARS OLD. IFTHE USER IS UNDER 12 YEARS OLD OR SUFFERS FROM VARIOUS DISEASES INCLUDING BUT NOT LIMITED TO EPILEPSY, HEART DISEASE, HIGH BLOOD PRESSURE, TEMPORARY DIZZINESS, VISUAL IMPAIRMENT, HEARING IMPAIRMENT, BONE FRACTURES, ETC. WHICH WILL AFFECT RIDING. OR DURING PERIODS OF INTOXICATION INCLUDING BUT NOT LIMITED TO, REGISTRATION OR USE OF THIS SERVICE IS NOT ALLOWED) AND RIDING ABILITY. IF THE USER DOES NOT POSSESS THE AFOREMENTIONED CIVIL CAPACITY AND/OR THE AFOREMENTIONED RIDING CAPACITY COMPATIBLE WITH THE USER'S BEHAVIOR, THE USER AND THE USER’S GUARDIAN SHALL BEAR THE RESULTING CONSEQUENCES IN ACCORDANCE WITH THE LAW.
2.2 THE USER SHALL ENSURE THE LEGALITY, AUTHENTICITY AND VALIDITY OF THE REGISTRATION INFORMATION PROVIDED TO THE PLATFORM PARTY (INCLUDING BUT NOT LIMITED TO THE MOBILE PHONE NUMBER, ID CARD AND OTHER CERTIFICATION MATERIALS), and complete the real name/identity verification according to the relevant instructions and registration instructions of the Platform’s certification procedures. If the User provides illegal, false, or invalid information or the Lessor has reasonable grounds to suspect that the User provides illegal, false, or invalid information, the Lessor has the right to suspend or terminate the provision of rental services to the User.
3. ORDERS AND RENT
3.1 The User unlocks the Lessor’s Bicycle by scanning the code on the Platform, which is regarded as the start of the rental bicycle order, and the rental and related service fees are calculated in accordance with the charging standards or pricing rules displayed on the Platform.
3.2 When the User arrives at the destination and completes the order, the User shall lock the Bicycle in time The rental bicycle order shall be deemed as being ended when the bicycle is duly locked. The actual rent and related service fees will be displayed on the Platform. The User should use relevant payment methods (including but not limited to WeChat, Alipay, credit card, debit card, etc., depending on the payment method provided by the Platform) to pay all the fees immediately.
3.3 When the User refuses to pay or pays rent and related service fees overdue, including but not limited to bicycle rental service fees, violation fees, maintenance fees, dispatch management fees, bicycle management fees, etc., the Lessor has the right to exercise the right through legal means, including but not limited to the delivery of dunning notices, dunning letters, and litigation to the court. When the User has the above behavior, the Lessor has the right to suspend the User's use of all or part of the services under this Agreement, and notify the Platform and other information service platforms under the Didi Platform to suspend providing services to the User. The User shall bear all the adverse legal consequences caused by this.
4. RIGHTS AND OBLIGATIONS
4.1 The Users’ rights and obligations
4.1.1 The User should follow the following principles when using the Bicycle service:
(1)Users should abide by the Road Traffic Safety Law and other laws, regulations and special regulations of the places where the cycling happens, and obey the command and handling of traffic police;
(2)Comply with network protocols, regulations and procedures related to bicycle services;
(3)MUST NOT DRINK ANY ALCOHOL OR GET DRUNK; MUST NOT TAKE STATE-CONTROLLED PSYCHOTROPIC DRUGS OR NARCOTIC DRUGS; MUST NOT SUFFER FROM DISEASES THAT HINDER SAFE DRIVING OF THE BICYCLE OR EXCESSIVE FATIGUE THAT AFFECTS SAFE DRIVING;
(4)Without authorization, no technical means may be used to access, record, steal, or disseminate data and related information of the bicycle service system;
(5)Do not use the bicycle rental service in any form to conduct any behavior that damages the legitimate rights and interests of the Platform Party and/or the Lessor;
(6)Do not use the bicycle rental service for any illegal purpose;
(7)Without the consent of the Lessor, regardless of whether the bicycle is locked or unlocked, the User shall not transfer the bicycle or any other parts to any area by any means other than normal riding.
(8)MUST NOT PRACTICE ANY FRAUD OR ENGAGE IN ANY DECEPTIVE BEHAVIORS; MUST NOT DAMAGE THE LEGITIMATE RIGHTS AND INTERESTS OF THE PLATFORM PARTY OR THE LESSOR BY SOLICITING OR ACCEPTING FALSE OR FRAUDULENT ORDERS OR AWARDS, INCLUDING BUT NOT LIMITED TO USING THE SAME ID CARD TO ASSOCIATE MULTIPLE ACCOUNTS, USING THE SAME DEVICE INFORMATION OR THE SAME BICYCLE TO INITIATE OR PROCEED HIGH-FREQUENCY ORDERS, OR REPEATEDLY COMPLETE ORDERS IN A SHORT TIME.
4.1.2 THE USER SHALL ABIDE BY THE USER’S CIVILIZED RIDING REGULATIONS (HEREINAFTER REFERRED TO AS THE “REGULATIONS”) STIPULATED IN THIS AGREEMENT AND/OR RELEASED BY THE PLATFORM PARTY. IF THE USER VIOLATES THE REGULATIONS AND IMPROPERLY USES THE BICYCLE, THE PLATFORM PARTY AND THE LESSOR SHALL HAVE THE RIGHT TO ADOPT MEASURES AGAINST THE USER AND THE USER’S ACCOUNT, INCLUDING BUT NOT LIMITED TO, ADJUSTING BEHAVIOR POINTS/CREDIT POINTS, TEMPORARILY OR PERMANENTLY FREEZING USER ACCOUNTS AND/OR RESTRICTING OR STOPPING THE PROVISION OF SERVICES TO SUCH USER, AND WILL REPORT TO THE POLICE AS APPROPRIATE.
4.1.3 In order to protect the security of the User’s account, THE MEMBER ACCOUNT IS ONLY FOR THE USER, and the User shall not authorize/allow/acquiesce by any means (authorization methods include but are not limited to using the User’s member account to unlock the Bicycle for a third party and disclose the User to a third party ,like member account and password, etc.) Any third party other than the person uses this account to rent a Bicycle, OTHERWISE THE USER SHALL BEAR ALL THE LOSSES CAUSED TO THE USER AND THE THIRD PARTY BY THE ABOVE ACTIONS, AND COMPENSATE THE LESSOR FOR RELATED LOSSES.
4.1.4 If the User is subject to administrative penalties or any government processing for the use, riding, or parking of the Lessor’s Bicycle in violation of laws and regulations, the Lessor has the right to take, depending on the severity of the circumstances, to take, including but not limited to, adjusting the User’s behavior/credit score, temporarily or permanently freeze user accounts and/or restrict or stop providing Bicycle services to them. If a traffic accident occurs during the ride, the User shall cooperate with the public security and traffic department to handle it in accordance with the Measures for Handling Road Traffic Accidents and other relevant regulations.IF THE USER UNFORTUNATELY HAS ANY ACCIDENT OR ACCIDENT, THE LESSOR WILL NOT BE LIABLE UNLESS THE USER CAN PROVE THAT THE ACCIDENT OR ACCIDENT IS DIRECTLY CAUSED BY THE INHERENT DEFECT OF THE BICYCLE OR CAUSED BY THE LESSOR.
4.1.5 If the User registers, uses, rides, or parks the Lessor’s bicycle in violation of laws and regulations, which causes the relevant administrative organs to impound the Bicycle, the User is obliged to request the relevant departments to remove the relevant fines or other administrative penalties. Measures for the seizure of the Bicycle and compensates for the corresponding losses of the Lessor (including but not limited to the loss of outage due to the seizure of the Bicycle, the loss of the Bicycle being damaged or lost).
4.1.6 Before actually using the bicycle, the User should PAY FULL ATTENTION AND INSPECTION OBLIGATIONS, confirm the integrity and effectiveness of the various parts of the Bicycle, and be familiar with the performance and safety devices of the Bicycle. The User should stop using the Bicycle with a fault. IF THE BICYCLE HAS OBVIOUS SAFETY HAZARDS AND THE USER STILL INSISTS ON RIDING, THE USER SHALL BEAR THE ADVERSE CONSEQUENCES CAUSED THEREBY.
4.1.7 When returning the Bicycle, the User should properly lock the Bicycle and complete the relevant return procedures. In the event of a bicycle lock failure that makes it impossible to lock, the User needs to take good care of the Bicycle used and call the customer service number as soon as possible, so that timely measures can be taken to ensure bicycle safety and deal with the malfunction. In the case that the Bicycle lock is not faulty, if the Bicycle is stolen or damaged due to the User's failure to lock or fail to perform the return procedure, the User shall compensate the Lessor for all losses.
4.1.8 The User should properly keep the User’s personal belongings during the period of renting the Bicycle and returning the Bicycle. The Lessor has no obligation to keep it, and the risk of loss of the property shall be borne by the User.
4.1.9 IF THE USER CAUSES DAMAGE TO THE BICYCLE DURING THE RENTAL PERIOD, specifically including the User disassembling the Bicycle privately, the User’s riding a traffic accident that causes the Bicycle to be damaged, any third party damages the Bicycle during the User’s rental period, etc. The User should follow this THE ACTUAL VALUE OF THE BICYCLE, THE LOSS OF THE BICYCLE OUT OF SERVICE, AND THE BICYCLE MAINTENANCE COST paid by the Lessor shall compensate the Lessor.
4.1.10 DURING THE PERIOD OF LEASING THE BICYCLE, the User shall bear the obligation of proper custody of the leased Bicycle. If the Bicycle is lost or destroyed due to the User's failure to fulfill the obligation of proper custody, the User shall PAY ACCORDING TO THE ACTUAL VALUE OF THE BICYCLE AND THE LOSS OF BICYCLE OUTAGE, AND THE USER SHALL PAY COMPENSATE THE LESSOR FOR BICYCLE MAINTENANCE COSTS.
4.1.11 IF THE USER PRIVATELY OCCUPIES THE BICYCLE, INCLUDING BUT NOT LIMITED TO PRIVATELY LOCKING THE BICYCLE, PLACING THE BICYCLE IN A PLACE WHERE OTHER USERS CANNOT USE IT, ETC., THE USER SHALL RETURN THE BICYCLE AND COMPENSATE THE LESSOR FOR ALL LOSSES SUFFERED DUE TO THE SUSPENSION OF THE BICYCLE; IF THE BICYCLE IS DAMAGED DUE TO PRIVATE OCCUPATION BY THE USER, THE USER SHALL ALSO BE COMPENSATED ACCORDING TO THE ACTUAL VALUE OF THE BICYCLE AND THE BICYCLE MAINTENANCE FEE PAID BY THE LESSOR.
4.1.12 THE LESSOR HAS THE RIGHT TO PROTECT ITS OWN LEGAL RIGHTS AND INTERESTS THROUGH NOTIFICATIONS, REMINDERS, ALARMS, AND LITIGATION.
4.2 Rights and Obligations of the Lessor
4.2.1 The User consent: in view of the particularity of the service, the Lessor has the right to change, interrupt, or terminate some or all of the services at any time as necessary.EXCEPT FOR EMERGENCIES, THE LESSOR SHALL NOTIFY THE USER IN ADVANCE. IF THE CHANGED, INTERRUPTED, OR TERMINATED SERVICE IS A CHARGED SERVICE, THE LESSOR SHALL REFUND THE REMAINING SERVICE FEE TO THE AFFECTED USER. IN ADDITION, THE LESSOR DOES NOT NEED TO BEAR ANY RESPONSIBILITY FOR THIS.
4.2.2 THE LESSOR HAS THE RIGHT TO REVIEW AND SUPERVISE THE USER'S USE OF THE RENTAL BICYCLE SERVICE, including but not limited to evaluating the User's use of the Bicycle. If the User violates any agreement or relevant laws and regulations in this Agreement while using the Bicycle service, the Lessor has the right to request the User to correct or directly take all necessary measures to mitigate the impact of the improper behavior (if any), including but not limited to suspension, interruption or terminate the User’s right to use the service, adjust the User’s behavior score/credit score, and charge the User corresponding bicycle management fees, dispatch management fees, etc., to reduce the impact of improper behavior.
4.2.3 In order to improve the User experience, the Lessor will continue to optimize the electronic fence technology to clarify the scope of operation, and through the Platform to show the User the city operation area, no parking area, recommended parking area, etc., please check the operation scope before using the Bicycle. WHEN THE USER ARRIVES AT THE DESTINATION AND COMPLETES THE ORDER, THE USER NEEDS TO PARK THE BICYCLE IN THE PARKING AREA OR PARKING SPOT RECOMMENDED ON THE PLATFORM PAGE OR OTHER PARKING SPOTS REQUIRED BY RELEVANT LAWS AND REGULATIONS TO AVOID PARKING THE BICYCLE IN AN AREA OUTSIDE THE OPERATING RANGE DEFINED ON THE PLATFORM PAGE. PARKING AREAS, AREAS EXPRESSLY PROHIBITED TO SHARE BICYCLES, ETC., OTHERWISE THE LESSOR HAS THE RIGHT TO TAKE ALL NECESSARY MEASURES TO REDUCE AND/OR ELIMINATE THE IMPACT OF THE USER'S IMPROPER BEHAVIOR, AND HAS THE RIGHT TO CHARGE THE USER CORRESPONDING BICYCLE MANAGEMENT FEES AND DISPATCH MANAGEMENT FEES.
4.2.4 IN ORDER TO REGULATE THE USE BEHAVIOR OF THE USER WHO USE THE BICYCLE IN THE ADMINISTRATIVE AREA OF XIAMEN (HEREINAFTER REFERRED TO AS "XIAMEN USERS"), ACCORDING TO THE REQUIREMENTS OF THE LOCAL REGULATORY AUTHORITY, IN ADDITION TO ALL THE OTHER TERMS AND CONDITIONS STIPULATED UNDER THIS AGREEMENT, THE FOLLOWING BICYCLE USE BEHAVIOR MANAGEMENT RULES FOR XIAMEN USERS SHALL ALSO BE ABIDED:
(1) IF THE XIAMEN USERS PARKS THE BICYCLE OUTSIDE THE OPERATING AREA OR IN THE NO-PARKING AREA, THE LESSOR WILL CHARGE A DISPATCH MANAGEMENT FEE OF 50 YUAN/TIME.
(2) IF THE XIAMEN USERS PARKS THE BICYCLE OUTSIDE THE PARKING SPOT IN THE OPERATION AREA, THE LESSOR WILL HANDLE IT AS FOLLOWS: FOR THE XIAMEN USERS’S FIRST VIOLATION OF PARKING, THE LESSOR WILL NOT CHARGE ADDITIONAL FEES AFTER PROMPTING THE USER THROUGH THE PLATFORM; THE LESSOR WILL CHARGE A BICYCLE MANAGEMENT FEE OF 20 YUAN (ALSO KNOWN AS THE "DISPATCH FEE") FOR VIOLATIONS OF THE SECOND TIME; IF THE XIAMEN USERS HAS 3 OR MORE VIOLATIONS, THE LESSOR WILL BE ENTITLED TO CHARGE A BICYCLE MANAGEMENT FEE OF 50 YUAN PER TIME.
(3) IF THE XIAMEN USERS PERFORMS THE ABOVE-MENTIONED BEHAVIORS (1) OR (2) THREE TIMES IN A CALENDAR YEAR, THE LESSOR MAY, IN ADDITION TO CHARGING THE XIAMEN USERS, RESTRICT THE XIAMEN USERS 'S BICYCLE USE IN THE CALENDAR YEAR.
IF THE XIAMEN USERS DISAGREES WITH THE ABOVE-MENTIONED FEE COLLECTION, THE XIAMEN USERS CAN APPEAL TO QINGJU CUSTOMER SERVICE. IF THE APPEAL IS SUCCESSFUL, THE XIAMEN USERS WILL BE RETURNED.
5.INSURANCE
The User confirms and agrees:
5.1 When the User uses the Service stipulated in this agreement, IN CASE THAT RELEVANT SPECIFIC CONDITIONS ARE SATISFIED, then the Platform Party or Lessor will give a certain amount of insurance to the User WHO MEET RELEVANT REQUIREMENTS OF THIS AGREEMENT in accordance with the relevant national laws and regulations.
5.2 THE USER SHALL COOPERATE IN PROVIDING ALL QUALIFIED MATERIALS AND/OR CERTIFICATES REQUIRED FOR CLAIM SETTLEMENT. IF THE USER FAILS TO PROVIDE COMPLETE QUALIFIED MATERIALS AND/OR CERTIFICATES AS REQUIRED, THE USER CANNOT OBTAIN INSURANCE COMPENSATION FROM THE INSURANCE COMPANY IN ACCORDANCE WITH THE INSURANCE POLICY, THE USER AGREES BEAR THE CORRESPONDING ADVERSE CONSEQUENCES.
5.3 The User need to pay attention: the insurance company only makes insurance claims for claims that occur DURING THE RENTAL PERIOD WHEN THE USER IS USING THE BICYCLE. IF THE USER PROVIDES THE MEMBER ACCOUNT FOR USE TO A THIRD PARTY OR TRANSFERS THE UNLOCKED BICYCLE TO A THIRD PARTY FOR USE, WHICH CAUSE THAT THE THE USER CANNOT OBTAIN INSURANCE COMPENSATION FROM THE INSURANCE COMPANY IN ACCORDANCE WITH THE INSURANCE POLICY OF THE LESSOR, THEN THE USER SHALL BEAR THE CORRESPONDING ADVERSE CONSEQUENCES.
5.4 The User confirms and agrees: within the scope permitted by law, the Lessor/the Platform Party will have the right to investigate and take corresponding legal actions for any violation of the above commitments, including but not limited to immediately terminating the provision of the Service agreed in this Agreement to the User or filing a civil lawsuit, and/or reporting clues related to the above-mentioned violations to judicial or other law enforcement agencies according to the severity of the violations, and cooperating with the investigations, hearings, and prosecutions conducted by the judicial or other law enforcement agencies.
6. INTELLECTUAL PROPERTY
6.1 All content provided by the Lessor, including but not limited to works, designs, parts, structures, overall bicycle body, pictures, files, information, materials, etc., shall be owned by the Lessor in accordance with the law with intellectual property rights (including but not limited to trademark rights, patents rights, copyrights, trade secrets). Without the written consent of the Lessor, no one may use or authorize a third party to use, modify, reverse engineer, copy, publicly disseminate, change, distribute, issue or publicly publish the foregoing content without authorization.
6.2 The Lessor has all rights to the operating data it obtains or holds. Without the written consent of the Lessor, no one may save, use, copy, adapt or authorize others to use the aforementioned data without authorization.
6.3 Without the prior written consent of the Lessor, THE USER SHALL NOT DISPLAY, USE, OR OTHERWISE PROCESS the trademarks, brands, logos, product and service names held by the lessor in any way,OR INDICATE THAT THE USER HAS THE RIGHT TO DISPLAY, USE OR OTHERWISE PROCESS.
7. DISCLAIMER
7.1 The User is RESTRICTED TO PERSONAL USE during the lease of the Bicycle, AND IT IS STRICTLY FORBIDDEN TO SUBLET OR LEND, TRANSFER TO OTHERS FOR USE, OR RIDE WITH CARRYING OTHER PERSON OR OVERWEIGHT ITEMS, IMPROPERLY MOUNTED AND OTHER IMPROPER BEHAVIORS, OTHERWISE IT MAY CAUSE PERSONAL INJURY, BICYCLE LOSS OR INFORMATION LEAKAGE. THE USER SHALL BEAR ALL THE LOSSES,and the Lessor reserves the right to pursue corresponding legal liabilities from the User.
7.2 THE USER SHALL NOT USE THIS SERVICE TO ENGAGE IN ILLEGAL ACTIVITIES, AND SHALL NOT MALICIOUSLY DAMAGE, DELIBERATELY SMEAR, OR DISMANTLE THE BICYCLE AND ITS RELATED FACILITIES WITHOUT AUTHORIZATION, OTHERWISE THE LOSS AND RESPONSIBILITY CAUSED THEREBY SHALL BE BORNE BY THE USER.
7.3 IF THE USER HAS DISPUTES OR DISPUTES WITH ANY THIRD PARTY DURING THE LEASE OF THE BICYCLE, THE USER AND THE THIRD PARTY SHALL HANDLE THE DISPUTE BY THEMSELVES, AND THE LESSOR CAN CHOOSE WHETHER TO PROVIDE THE NECESSARY ASSISTANCE.
7.4 THE USER AGREES THAT FOR THE PRODUCTS OR SERVICES PROVIDED BY THE RENTAL TO THE USER, THE LESSOR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY QUALITY DEFECTS THAT ARE DIFFICULT TO COMPLETELY OR PARTIALLY AVOID DUE TO THE LIMITATIONS OF THE EXISTING TECHNOLOGY, TECHNICAL DIFFICULTIES OR UNDETECTABLE DEFECTS, ETC. THE LESSOR IS EXEMPT FROM CORRESPONDING LIABILITY.
7.5 Force Majeure
The User agrees that the Lessor shall undertake the basic guarantee obligations in accordance with the law, but cannot deal with information network infrastructure, information network equipment maintenance, connection failures, computer, communication or other system failures, power failures, strikes, riots, fires, natural disasters, explosions, wars, government actions, orders from judicial administrative organs, or third-party reasons for damages to users.
8. LIABILITY FOR BREACH OF CONTRACT
8.1 If the Lessor violates relevant laws, regulations or any clauses under this Agreement and causes losses to the User, the Lessor shall be liable for the corresponding damages. SPECIAL NOTE: IF THE ACCIDENT IS CAUSED BY THE LESSOR (THE BICYCLE IS IDENTIFIED BY A THIRD-PARTY AUTHORITY FOR FAULTS AND QUALITY DEFECTS), THE LESSOR SHALL ONLY BE LIABLE FOR DAMAGES WITHIN THE SCOPE OF THIS AGREEMENT, INCLUDING MEDICAL EXPENSES, LOST WORK EXPENSES, AND DISABILITY COMPENSATION (EXCEPT FOR MENTAL DAMAGE EXPENSES) (IF OTHERWISE PROVIDED BY APPLICABLE LAWS, THE PROVISIONS OF THE LAW SHALL PREVAIL), BUT THE USER IS REQUIRED TO PROVIDE CORRESPONDING QUALIFIED INFORMATION AND/OR CERTIFICATION.
8.2 The User agrees to protect and maintain the interests of the Lessor. If the User violates relevant laws, regulations or any clauses under this Agreement and causes losses to the Lessor, the User agrees to bear the liability for damages caused thereby, including but not limited to compensation for the rental rent, bicycle loss, or reasonable litigation losses (including but not limited to litigation fees, attorney fees, compensation, reasonable loss of goodwill, etc.) incurred by the Lessor in order to pursue the User’s liability.
9.AGREEMENT CHANGE AND TERMINATION
9.1 IN ACCORDANCE WITH CHANGES IN NATIONAL LAWS AND REGULATIONS, OPERATIONAL NEEDS, OR FOR THE PURPOSE OF IMPROVING SERVICE QUALITY, THE PLATFORM PARTY WILL MODIFY AND UPDATE THIS AGREEMENT FROM TIME TO TIME WHEN NECESSARY, AND THROUGH REASONABLE METHODS SUCH AS ANNOUNCEMENTS ON THE WEB OR MOBILE CLIENT, IN-SITE NOTIFICATIONS, ETC. TO NOTIFY YOU IN ADVANCE THAT THE ABOVE-MENTIONED REVISED AND UPDATED CONTENT WILL BE IMPLEMENTED ON THE DATE SPECIFIED IN THE RELEVANT UPDATE INSTRUCTIONS, USUALLY NO SHORTER THAN SEVEN CALENDAR DAYS AFTER THE DATE OF PUBLICATION. IF YOU DISAGREE WITH THE CONTENT OF THE CHANGED AGREEMENT, YOU HAVE THE RIGHT TO STOP USING THE SERVICE AGREED IN THIS AGREEMENT; IF YOU CONTINUE TO USE THE SERVICE AFTER THE AGREEMENT IS CHANGED, IT MEANS THAT YOU HAVE FULLY READ, UNDERSTOOD AND ACCEPTED THE CONTENT OF THE CHANGED AGREEMENT.
9.2 After the User rents the Bicycle, if the Bicycle fails to ride, the User has the right to unilaterally terminate this Agreement.
9.3 The Lessor has the right to unilaterally terminate this Agreement at any time in the following circumstances:
(1)The User has committed violations of laws and regulations, such as embezzling other people's accounts, pretending to be other people's rental the Bicycle, or taking improper measures for profit;
(2)The User has seriously violated the obligations agreed under this Agreement, or has repeatedly violated relevant agreed obligations;
(3)The User’s behavior is abnormal, and the Lessor reasonably suspects that the User may have violated laws and regulations or violated the provisions of this Agreement. If this Agreement is not terminated, it may cause adverse effects on the Lessor, any other third parties, public order or public interests or consequence
(4)Circumstances that can be cancelled as stipulated in this Agreement;
(5)Other circumstances that can terminate this Agreement.
9.4 After the termination of this Agreement, the Lessor will delete your relevant personal information, and retain any information that should be retained as required by laws and governmental regulations. Except as clearly provided by relevant laws, the Lessor has no obligation to disclose the aforementioned information to the User or a third party designated by the User. At the same time, the Lessor reserves the right to hold accountable for breach of contract caused by the User's breach of contract.
10. NOTIFICATION AND DELIVERY
ALL NOTICES FROM THE LESSOR TO THE USER UNDER THIS AGREEMENT CAN BE DELIVERED THROUGH WEBPAGE ANNOUNCEMENTS, SOFTWARE ANNOUNCEMENTS OR MESSAGES, EMAILS, MOBILE PHONE TEXT MESSAGES, OR REGULAR LETTER DELIVERY; except for regular letter delivery, the postmark shall indicate the date of receipt. EXCEPT FOR THE DATE OF DELIVERY, OTHER SUCH NOTICES ARE DEEMED TO HAVE BEEN DELIVERED TO THE RECIPIENT ON THE DATE OF SENDING.
11. APPLICABLE LAW AND DISPUTE RESOLUTION
11.1 The conclusion, performance and interpretation of this Agreement and the settlement of related disputes shall be governed by the laws of the People's Republic of China (except for conflict of laws).
11.2 During the execution of this Agreement, if the two parties have a dispute, the two parties shall first negotiate and resolve it amicably. If a solution is not reached within 15 days of negotiation, either party to this agreement has the right to BRING A LAWSUIT TO THE COURT WHERE THE LESSOR IS LOCATED.
12. OTHER AGREEMENTS
12.1 User registration, login to the Platform account, acquisition and use of bicycle services provided by the Lessor will be deemed to be acceptance and agreement to this Agreement. Statements, specifications, regulations, cycling card rules, privacy policies, behavior points/credit points rules, marketing activities rules and other regulations published from time to time on the Platform online are all supplements and components of this Agreement, and have the same legal effect as this Agreement. If any clause of this Agreement is completely or partly invalid or not enforceable, it will not affect the validity of other clauses of this Agreement. In this case, both parties shall negotiate amicably and formulate new clauses that conform to the original clauses to the greatest extent.
12.2 Any party waiving or delaying the exercise of all or part of its rights under this Agreement shall not be deemed to have waived any other rights or all similar rights under this Agreement.
12.3 For all the contents of this Agreement, the Lessor has made necessary and comprehensive explanations and instructions to the User. The user confirms that it is voluntarily signing this Agreement on the premise that the content of this Agreement is completely consistent and clear with the Lessor.
12.4 This Agreement is a complete Agreement reached by the parties to provide or use the Services agreed in this Agreement; after this Agreement is signed, any previous consensus that conflicts with this Agreement will be invalid.