1.1. This "User Agreement" (hereinafter referred to as "Agreement") is a three-way agreement between service users (hereinafter referred to as "user" or "you"), Guangzhou UME Technology CO., Ltd. (hereinafter referred to as "UME Technology") and SG Bike Pte Ltd (hereinafter referred to as "SG Bike" regarding user downloads, installation and usage of "SG Bike" software (including but not limited to the PC version and other versions of wireless headsets including mobile phones and PDA devices) as well as the use of "SG Bike" bicycle rental system (including but not limited to "SG Bike" bicycles, "SG Bike" Geostations, "SG Bike" card and other "SG Bike" hardware).
1.2. "SG Bike" software is developed and operated by UME Technology, and will be released occasionally and at our discretion in accordance with the clauses of this Agreement and the operational rules issued occasionally and at our discretion. UME Technology will Provide users with bicycle rental software services (hereinafter referred to as "software services") including but not limited to the Internet and mobile networks.
1.3. The "SG Bike" bicycle system is served, deployed and operated by SG Bike. In accordance with the clauses of this Agreement and the operational rules issued occasionally and at our discretion, SG Bike will provide users with, but not limited to, rental services (hereinafter referred to as "bicycle rental services").
1.4. For the purpose of enhancing readability, "we" in this Agreement refers to the collective name of UME Technology and SG Bike. "Related services" refers collectively to software services and bicycle rental services.
1.5. The release of informational details of deposits, top-up instructions, privacy policies, instructions for use and other statements in real time through the "SG Bike" software, is an effective part of this Agreement and has the same legal effect as this Agreement.
1.6. In order to obtain relevant services, you should carefully read and fully understand all the terms of this Agreement (including all supplements and attachments). In particular, you should carefully read the exemption clauses on the exemption or limitation of our liability, the clauses on restriction of users' rights, the clauses on dispute resolution, the clauses on jurisdiction and the clauses on the application of law. If you do not accept any part or all of the Agreement, please do not use our related services. Any person without proper civic capacity is prohibited from using the following services. Any person with limited civic capacity for civil conduct shall, under the supervision of a legal guardian, read and understand the terms for the usage of the following services. Unless you accept all the terms of this Agreement, you do not have the right to use our related services. Your account's registration, login, and use of related services will be deemed as your acceptance of this Agreement and its terms.
1.7. We may revise or update this Agreement and related supplements, explanations, statements and other information occasionally at our discretion, and these will immediately replace the preceding Agreement and information. If you do not accept these updated terms of the Agreement, please immediately cease the use of related services. Should you continue using the related services, it will be deemed as you having fully accepted the amended terms of service.
2. Property Rights
2.1. "SG Bike" software and "SG Bike" bicycle rental system were developed by UME Technology. All software and bicycle rental system copyrights, trademarks, patents, trade secrets and other intellectual property rights of the bicycle system, and all relevant information content, including but not limited to: written expressions and combinations, icons, graphics, charts, colours, interface design, layout framework, related data, printed materials, electronic documents etc., are subject to the Copyright Law of the People's Republic of China, Trademark Law, Patent Law, Anti-Unfair Competition Law, and corresponding international treaties and intellectual property laws and regulations. With the exception of software or technology authorised by third parties, UME Technology possesses complete intellectual property rights over all components of the "SG Bike" software and bicycle rental system. Without the written consent of UME Technology, you may not implement, utilise, transfer or license any third party to implement, utilise or transfer the above the intellectual property rights for any for-profit or non-profit purpose. UME Technology reserves the right to pursue any instance of unauthorised use.
2.2. SG Bike owns the right to use the "SG Bike" cycling system in Singapore, as well as the right of licensed users to use the "SG Bike" bicycle system. Without the consent of SG Bike, the "SG Bike" bicycle system or any part thereof may not be transferred to any area in any way. Furthermore, without the written consent of SG Bike, users shall not implement, utilise, transfer or license any third party to implement, utilise or transfer the above-mentioned property rights for any profit or non-profit purpose. SG Bike reserves the right to pursue the above-mentioned unauthorised use of the "SG Bike" cycling system in Singapore.
3. Software Services
3.1. The specific scope of the software services is provided by UME Technology according to the actual situation. This will be based on the latest version of the "SG Bike" service content and functions.
3.2. For the purpose of allowing users to use the related services, UME Technology hereby grants users a free, non-exclusive licence each to install, use, display and operate the "SG Bike" software on a single terminal device for non-commercial purposes (but no further licensing or sub-licensing is allowed). Without written consent of UME Technology, users may not install the "SG Bike" software on other terminal devices that are not expressly licensed by UME Technology, including but not limited to set-top boxes, wireless Internet routers, game consoles, televisions etc.
3.3. When you download and install the "SG Bike" software, and, upon following through the software prompts, complete all authentication procedures by filling in the required information, reading and agreeing to this agreement, you become a registered user of the "SG Bike" software.
3.4. After the user has successfully registered, UME Technology will give each user an exclusive and unique account. The right to use the account belongs only to the initial applicant registrant, and users are not allowed to donate, borrow, rent, transfer or sell these accounts. The user assumes the responsibility for the account, sub-account and password. With the exception of faults attributed to the company, the user fully assumes the responsibility for the account, sub-account and password, regardless of whether the activity causes any harm to the user or third parties.
3.5. If the user finds out that his account has been illegally used by others, he should promptly notify UME Technology. Users should understand that the company requires a reasonable time for actions to be taken on the requests of users. Therefore, with the exception of the faults attributed to the company, UME Technology does not take any responsibility for the consequences that have occurred before mitigation actions are set in motion.
3.6. If the user's registered free account contains a nickname, name or other submitted information which violates relevant laws and regulations or national policy requirements, or infringes upon the legitimate rights and interests of any third party, UME Technology has the right to prohibit users from continuing the use of the account number, nickname or information.
3.7. Users may not install, use or run the "SG Bike" software for commercial operations. They may not copy, change, modify, mount or create any derivative works based on "SG Bike" software data, "SG Bike" software data released into computer terminals during the running of the software, or data regarding client and server interaction. These forms include but are not limited to the use of plug-ins and non-authorised third-party tools and services to access "SG Bike" software and related systems.
3.8. Users must follow the following principles while using the related software services:
3.8.1. Observe local laws and regulations
3.8.2. Comply with all network protocols, rules and procedures related to software services
3.8.3. Strictly no use of related software services for any illegal purpose
3.8.4. The use of related software services may not, in any form, infringe upon our commercial interests, including but not limited to the release of non-traditional commercial or non-commercial advertising
3.8.5. Not to use of the software service system to conduct any activities that may adversely affect the operation of the Internet or mobile network
3.8.6. Not to use of the software service system to upload, display or disseminate any false, harassing, slanderous, insulting, defamatory, intimidating, vulgar, obscene, or any other information material that violates public order, good practices, or is illegal
3.8.7. Not to infringe upon any third party's patent, copyright, trademark, reputation or any other legal rights and interests
3.8.8. Not to use the software service system to conduct any actions that are harmful to our interests.
3.9. UME Technology reserves the right to review and supervise the use of software services by users (including but not limited to reviewing the content stored by users with UME Technology). If the user violates any of the above requirements while using the software service system, UME Technology has the right to either require the user to correct his actions, or directly implement necessary measures (including but not limited to changing or deleting the content uploaded, stored or published by the user, suspending, interrupting or terminating the user's right to use the software service) to reduce the impact of the user's misconduct (if there was any). In the case of third parties being affected by the user's own actions, the user shall bear the full responsibility and UME Technology will not be responsible.
3.10. UME Technology reserves the right to suspend, discontinue or terminate all or parts of the software service rights provided when it deems, at its sole discretion and where reasonably judged, that its interests are threatened (including but not limited to the user's violation of the principles under Article 3.8 of this Agreement). This can be implemented without prior notice to users, and UME Technology shall bear no liability to the user or third parties. Should a user account be suspended, interrupted or terminated due to the reasons listed in this article, the user shall act in accordance with the instructions of the company, otherwise it will be deemed to be liable for breach of contract under this Agreement, and UME Technology retains the right to pursue the legal responsibility of the user.
3.11. The user understands that UME Technology only provides software services. Other costs incurred by related software services (such as personal computers, mobile phones, other devices related to access to the Internet or mobile networks) or related fees charged by third parties (including the mobile and roaming charges paid for mobile network and Internet access) shall be borne by the user.
3.12. In view of the unique nature of the software services and since no fees are charged for using the software services, the user agrees that the company has the right to change, discontinue or terminate some or all of the services at any time without giving prior notice to users. The user also agrees that UME Technology bears no responsibility to any user or third party.
3.13. The user understands that UME Technology needs to repair or maintain its software services platforms (such as Internet websites, mobile networks etc.) and related equipment on a regular or irregular basis. Should such a situation cause the service to be interrupted within a reasonable time frame, we do not need to bear any responsibility, but we should give advance notice bar certain exceptional circumstances.
4. Bicycle Services
4.1. The specific scope of the bicycle services is provided by SG Bike according to the actual situation. This will be based on the latest version of the "SG Bike" service content and functions.
4.2. SG Bike reserves the right to require the user to pay a refundable amount (hereinafter referred to as "deposit") in order to use the bicycle service. The purpose is to encourage users to use our bicycle services in a correct, legal, civilised, and regulated manner. The details are as follows:
4.2.1. SG Bike exempts all new users from paying deposits.
4.2.2. SG Bike may request a deposit at any time from users who use our bicycle services incorrectly, illegally, or in other inappropriate manners.
4.2.3. The deposit collected cannot be used in place of trip fares.
4.2.4. The user can apply for the return of the original deposit at any time, after which the bicycle service will not be available to the user.
4.2.5. SG Bike will process the refund immediately after the user submits a refund request, but the refund amount will arrive at a time corresponding to the different payment methods and internal processing of the bank or third party. It usually takes 2-7 working days for the refund to be processed.
4.2.6. The deposit paid by the user is collected by, managed and refunded by SG Bike. The status of the deposit shall be announced to the user in real time via related software functions.
4.3. The bicycle service provided by SG Bike is a fee-based service, with the user required to pay a fee for using the fee-based service. For such fee-based services, SG Bike will do its best to give the user a clear reminder before the user can use it. Only when the user confirms that he is willing to pay the relevant fees via a response to a prompt, will the user be able to use the fee-based service. SG Bike reserves the right to refuse the provision of such fee-based services to a user if he does not agree to pay the relevant fees. The details are as follows:4.3.1. The amount of money available for trip fares to be deducted from (hereinafter referred to as 'account balance') includes top-amounts made by the user via the "SG Bike" software (hereinafter referred to as 'top-up amounts') as well as, including but not limited to, rewards and rebates, in the forms of, including but not limited to, valid coupons and rebates (hereinafter referred to as 'reward balance').
4.3.2. The user needs to ensure a non negative wallet balance with a valid credit card bound in order to use the bicycle service.
4.3.3. The account balance can only be used to pay the bicycle's rental fees and cannot be used to pay the deposit or transfer.
4.3.4. The account balance cannot be refunded. The top-up amount is valid from the date of top-up to the date of the end of use.
4.3.5. During the use of the account balance, the top-up amount will take precedence and be preferentially used.
4.3.6. The account balance will be invalidated in the following circumstances: the user actively cancels the user account; the user chooses to return the deposit (if any); the user account is frozen or closed due to suspected fraud; others scenarios, according to the user Agreement and related instructions, which prevent us from providing or disabling the service.
4.3.7. The minimum top-up amount each time is SGD $10.
4.3.8. The user's account balance is charged, managed and withheld by SG Bike. SG Bike will, via the "SG Bike" software and related functions, display to the user in real-time his account balance and transaction details.
4.3.9. By using our bicycle services the user agrees that credit amount owed to SG Bike through negative wallet balances or pending fines payable will be deducted from the user’s bound credit card after 30 days.
4.4. In line with the applicable laws and regulations, the final interpretation of the rules under this Agreement regarding deposits, top-up amounts and account balances shall be decided by SG Bike.
4.5. In the absence of any special offers or promotional activities, SG Bike charges a bicycle rental fee based on the time of rental. SG Bike will make available different bicycles models with different rental fees. Please note the different rental fees indicated on the bicycles and "SG Bike" software. Take the SG-02 model as an example: SGD $1 for the first half an hour, including durations within half an hour; SGD $0.03 for every minute thereafter, including durations within a minute. For example, if you unlock the bicycle for 1 minute or 30 minutes, SG Bike will charge SGD $1. For 31 minutes, SG Bike will charge SGD $1.03 and, for every additional minute, SGD $0.03 will be charged. The rental fees for other models are based on the calculated based on the base prices of the first half an hour.
4.6. The calculation of the trip duration starts from the time you unlock the bicycle until it has been successfully returned. There are two scenarios which fulfill the conditions for a bicycle to be successfully returned:
4.6.1. The bicycle is parked in a designated parking area of the SG Bike (hereinafter referred to as "Geostation") or government-authorised legal parking area. The "SG Bike" software interface incorporates prompts on the location of Geostations. Alternatively, yellow boxes on the ground demarcate such parking areas. If a bicycle is parked and locked outside a Geostation, the bicycle will sound an audio prompt to warn users not to park outside Geostations. There will also be an on-screen pop-up notification on the "SG Bike" software to warn users of such inappropriate parking. 4.6.2. The user successfully locks the bicycle. After a bicycle is successfully locked in a Geostation, there will be indicative audio prompts and an on-screen pop-up notification on the "SG Bike" software to confirm that the bicycle has indeed been successfully returned.
4.7. If the user cancels usage of the bicycle within 3 minutes of unlocking it, in accordance with the 4.6 clause under this Agreement, SG Bike will not charge for this unlocking of the bicycle.
4.8. If the area locks the bicycle under a Geostation, please ensure that it is parked in a government-authorised legal parking area.
4.9. SG Bike will impose penalties for illegal parking or bicycles in accordance with government regulations, including regarding the relevant specifics of implementation.
4.10. When the user locks the bicycle, ensure that the lock is securely locked. In the event of a lock failure, the user should immediately submit raise the issue of the anomalous scenarios to SG Bike over the "SG Bike" software or over the phone, so that SG Bike can implement timely measures to ensure the safety of users and resolve the fault. SG Bike reserves the right to demand compensation for cases of theft or damages caused by your failure to securely lock the bicycle, or by your failure to contact SG Bike in a timely manner.
4.11. When parking temporarily, please park your bicycle in public parking areas permitted by laws and regulations or local authorities. Do not park at places that will affect traffic and pedestrians.
4.12. The user understands that SG Bike only provides bicycle services and that, apart from that, equipment costs associated with bicycle services (such as personal cycling equipment and fees related to Internet access or mobile networks) as well as related fees collected by third parties (such as custodial fees and fines paid by users due to violation of the law during the user of bicycle services) shall be borne by the user themselves.
4.13. In view of the unusual nature of the bicycle service, the user agrees that SG Bike has the right to change, discontinue or terminate part or all of the service (including fee-based and free services). If a free service is changed, discontinued or terminated, SG Bike is under no obligation to notify the user nor does it have any legal responsibility towards any user or third party. If a fee-based service is changed, discontinued or terminated, SG Bike shall notify users in advance and provide affected users with an alternative fee-based service of equivalent value. If the user is unwilling to accept the alternative fee-based service, SG Bike shall refund the remaining service fee to the user after deducting the amount corresponding to the user's use of the service.
4.14. The user understands that SG Bike needs to overhaul or undertake maintenance for the "SG Bike" bicycle system on a regular or irregular basis. If such situations cause the fee-based service to be interrupted within a reasonable length of time, SG Bike shall not bear any responsibility. However, with the exception of some extraordinary circumstances, announcements will be made in advance.
4.15. The user who uses the bicycle service must be a healthy person who meets the age requirement (over 12 years old) and physical conditions for usage of the bicycle. Users who have the following health conditions, including but not limited to epilepsy, heart disease, hypertension, temporary dizziness, visual impairment, hearing disorder, disability, and other chronic illnesses including but not limited to drunkenness or intermittent mental illnesses, may not use the bicycle service. Otherwise, the responsibilities and consequences shall be borne by the user.
4.16. SG Bike cannot guarantee in real-time that all equipment under the "SG Bike" bicycle system is running smoothly without fault. The user should still take reasonable care and conduct basic inspection before actually unlocking, using or returning the bicycle, including but not limited to checking if the bicycle has been damaged or whether it has successfully been returned to a Geostation. Pay special attention to whether the handlebar is tight and rotates flexibly, whether the brake is effective, and whether the body of the frame is damaged. For bicycles found to contain faults (regardless of whether discovered before unlocking or mid-trip), use of the bicycle should be ceased and the bicycle returned to a Geostation. In addition, the user should notify SG Bike immediately.
4.17. Users should consciously abide by relevant laws and regulations, and obey the instructions and management guidelines by the traffic police. If the user is subjected to penalties or other punishments meted out by the government for illegal cycling, use or parking of bicycles, we may stop providing bicycle services to the user, with these restrictions either temporary or permanent, according to the severity of circumstances. In the event of a traffic accident during a user's ride, the user shall cooperate with the government department in accordance with relevant regulations. We recommend that users purchase suitable personal safety insurance in case they need it. If the user unfortunately meets with an accident, we will not bear any legal responsibility unless the user can prove that the accident is caused directly due to the inherent defects of the bicycle itself.
4.18. It is forbidden to ride the bicycle to fetch another person, otherwise any personal injury or bicycle damages will be borne by the user. In the event of dangerous weather such as typhoon, heavy rain, snow or ice, or in situations when safe and legal riding cannot be ensured, users should immediately cease cycling and return the bicycle to a Geostation. We may also take measures to suspend the service, and remind users through related media channels.
4.19. If a user has a dispute with a third party regarding the use of a bicycle, the issue shall be resolved by the parties themselves. We do not bear any relevant obligations regarding compensation. If losses are inflicted upon us, the user shall be liable for compensating us.
4.20. For your safe use of the bicycle service, we remind you to pay special attention: the maximum load of the bicycle is 100kg and the maximum load of the basket (if any) is 5kg. The user cannot mount or hang any item on the bicycle, apart from placing it in the basket. Items in the basket shall not exceed 1.5 metres from the ground, and the width shall not exceed 0.15 metres of the handlebar. The front length of the item shall not exceed the wheel and the rear end shall not exceed 0.3 metres of the bicycle body.
4.21. The user should take care of the bicycle and use it reasonably, normally and safely. The user has to compensate SG Bike for all losses arising from mishandling (including but not limited to users unlocking the bicycle but not retrieving the bicycle in time, and users suspending or terminating use of the bicycle but not locking it in time) if the bicycle is lost, stolen, destroyed, partially damaged etc, such that its normal functions are compromised.
4.22. We are not responsible for the personal care of the goods. The user should check whether his or her personal belongings are missing before leaving the Geostation or the bicycle when retrieving or changing bicycles.
5. Family Plan
5.1. The Family Plan service is a fee-based service provided by SG Bike. Through the Family Plan service, users can rent multiple bicycles at the same time by binding RFID cards and authorise others (hereinafter referred to as "unauthorised users").
5.2. Regardless of whether the Family Plan service is used, users can rent one bicycle at the same time with the "SG Bike" software main account. After the user activates the Family Plan service, each RFID card added can rent one bicycle at the same time. Each user can add up to 2 RFID cards and can hence rent 3 bicycles at the same time.
5.3. Users can add, edit, change and log out of RFID cards through the "SG Bike" software.
5.4. Before the user hands over the rented bicycle to the authorised user, the user must verify and ensure that the authorised user complies with the conditions specified in Section 4.15 of this Agreement, and must ensure that the authorised user has carefully read, fully understood and fully accepted all the terms of this Agreement. The user agrees to assume full responsibility for the consequences of the authorised user's breach of any clause of this Agreement.
5.5. The use of bicycles unlocked by the user is restricted to the user or authorised user(s). It is strictly forbidden for users to authorise or lend others the bicycles for use.
5.6. The user understands that the authorised user cannot directly obtain the service which has to be provided through the "SG Bike" software, and that it does not exempt the user from being responsible for the authorised user's violation of the terms of Agreement.
5.7. Users need to keep and manage linked RFID cards themselves. If the user realises that a binded RFID card has been illegally used, abnormally used, or lost, it should be unbound immediately through the "SG Bike" software. The user is solely responsible for any resulting consequences, including but not limited to, loss or replication of the card.
5.8. Under normal circumstances, and without any additional promotions, offers or incentives, SG Bike charges a Family Plan service fee at a rate of SGD$1 per 30 days.
5.9. The Family Plan service fee can only be paid using the top-up balance. 5.10. The user agrees that SG Bike can automatically deduct SGD$1 from the user's top-up balance for the Family Plan renewal if the user does not opt out of the Family Plan service. This is to ensure that the user can use the Family Plan service as per normal. The deduction will occur immediately after the expiration of the preceding month of subscription to the Family Plan service. The user understands that the user de-linking all added RFID cards does not mean that the Family Plan service is opted out of, and that, opting out can be done through the SG Bike's software Family Plan close button.
5.11. If the user's Family Plan service expires and the top-up balance is insufficient to pay the service fee, the Family Plan service will no longer be provided. However, this does not affect users' use of other bicycle services in accordance with the terms of this Agreement.
5.12. The user understands that the fees paid for the Family Plan service grant only access rights to use the Family Plan. When the bicycle service is used through the Family Plan, you will be charged separately in accordance with the terms of this Agreement.
6.1. All registration information provided to us by you shall be true, complete, accurate and valid. If the information changes, you need to update the information in a timely manner. We will conduct checks on the information submitted from time to time. You need to provide the most recent, accurate and complete information.
6.2. We will review the authenticity and legitimacy of the information submitted by you and may raise reasonable doubts, questions or deny your registration if we deem that the information provided is insufficient and no reason will be given if we reject your registration. In the event the registration fails, you may resubmit a new registration through the same channel.
6.3. Protecting user privacy data according to the law is one of our primary policy. We will not disclose or provide your personal information to third parties or related personal information protected by law, except in the following cases:
6.3.1. with prior explicit consent from the user;
6.3.2. in accordance to the relevant laws and regulations;
6.3.3. in accordance with the requirements to regulatory authorities, statutory bodies or public agencies to comply with their requirements, polices and directives;
6.3.4. in accordance to the judgement, ruling or order by the Court;
6.3.5. for safeguarding our lawful rights or public interests;
6.3.6. for investigation (eg.criminal) by regulatory authorities, statutory bodies or public agencies.
6.5. You understand and agree that we may work with third parties to provide users with relevant services, in which case, if such third party agrees to assume the same responsibility for protecting the privacy of users as we do, we reserve the right to provide your personal information and other information provided to the third party for the purpose of providing services to you.
6.6. Except for personal registration information, regarding the information provided by you such as text, pictures, videos, audio, etc., you agree to grant us worldwide license and without any payment or payment-in-kind the right to store, use, copy, modify, publish, display, translate, or distribute these information and incorporate into known or future works.
6.7. The User agrees to accept various commercial advertisements or any other types of commercial information that we deliver in any way during the provision of Services, and the user agrees to accept the goods and services that we send to the user by email or otherwise other related commercial information.
7.1. We provide no warranty regarding aspects of related services, including but not limited to their timeliness, security and accuracy, and any direct, indirect, incidental, special or consequential circumstances arising out of the use or inability to use these services. We shall not accept any responsibility for the damage and risks.
7.2. The user understands and agrees that we are not responsible for interruptions to the service arising due to the following factors, as we are not at fault: force majeure, computer virus, hostile hacking attack, system instability, user location, user shutdown, and any other reasons related to the network, technology, communication line etc.
7.3. The user agrees that we do not accept any liability for the quality defects of the following products or services that we provide to our users, nor for any damages (if any) incurred:
7.3.1. Any free service we provide to users.
7.3.2. Any product or service we gift to users.
7.3.3. Any product or service we provide to users who paid fees for network services.
7.4. We reserve the right to suspend, discontinue or terminate the provision of the services under this Agreement at any time, including but not limited to fee-based and free services (including free services based on advertising business models), in any of the following circumstances, with us assuming no liability to the user or third party:7.4.1. There is a problem with the authenticity, completeness, accuracy, legality and validity of the personal data provided by the user.
7.4.2. The user violates the account management and bicycle usage rules or other clauses specified in this Agreement.
7.4.3. The user did not pay the corresponding service fees to SG Bike when using fee-based services.
7.4.4. The user's actions involved breaking the law or infringing upon a third party's or our legal rights.
7.4.5. An effective order, judgement, ruling or decision is made by a jurisdictive court or government agency.
7.5. The user agrees that the bicycle service provided by SG Bike is subjected to local traffic laws and regulations; that is, when the scope, function, content and traffic regulations of the bicycle service come into conflict with local traffic laws and regulations, the local traffic laws and regulations form the highest standards and are to be followed. Any adverse or consequential liability arising from any direct or indirect violation of applicable local traffic laws and regulations during the use of the bicycle services shall be borne solely by the user. Should there arise a need for proof to be provided, we are obliged to provide relevant data to the relevant government departments to co-operate with the government's investigation.
7.6. The user understands the importance of safe riding and guarantees that the relevant services will not be used in any situation that may cause a safety hazard, and agrees that we will not accept any responsibility for traffic accidents and other disputes, arising in the process of using the related services, due to reasons unrelated to us.
7.7. The user fully understands and acknowledges the importance and necessity of any and all agreements relating to the legal and safe use of the services under this Agreement and agrees that we are free from any liability, arising out of or in connection with the user's breach of this Agreement, regarding claims, penalties, liabilities, expenses or losses (including but not limited to third party claims), unless otherwise stated in this Agreement, or if evidence is presented that we are behind a major fault.
8. Liability for Breach of Contract
8.1. If the user violates any relevant laws, regulations or terms of contract because of us, causing damage to the user, we agree to bear the liability for breach of contract.
8.2. The user agrees to protect and safeguard the interests of us and other users. If the user violates the relevant laws, regulations or terms of this Agreement and causes losses to us or any other third party, the user agrees to bear the liability for breach of contract. This includes, but is not limited to, indemnifying us from all direct or indirect damages (including any direct economic losses, loss of commercial goodwill and external payments including compensations, settlements, attorneys' fees and legal fees etc).
9. Agreement Change and Termination
9.1. In light of the rapid development and changes in the Internet services market and related fields, users understand and agree that we reserve the right to modify any term of this Agreement at any time. Once the content of this Agreement is published (including but not limited to the updated version of the Agreement, the supplementary Agreement, the new annex of the Agreement etc.), we will directly use the revised content on the website or "SG Bike" software. We shall be deemed to have notified the user of the revised content with the announcement. At the same time, we can also prompt the user to modify the content in other appropriate ways.
9.2. The user has the right to terminate this Agreement unilaterally in the event that the relevant obligations (including but not limited to payment of the full payment of the fee-based service) are fulfilled.
9.3. We reserve the right to terminate this Agreement unilaterally in any of the following circumstances:
9.3.1. The user has seriously violated the clauses of this Agreement, or repeatedly violated the clauses of this Agreement.
9.3.2. There is an abnormality in the user's behaviour, such that we are able to reasonably suspect that the users may be violating the law or clauses of this agreement, and that, if the agreement is not terminated, it may adversely affect us, other users, public order or public interest.
9.3.3. The user is stealing other people's accounts and publishing sensitive information.
9.3.4. Other circumstances in which this Agreement should be terminated.
9.4. Upon termination of this Agreement, we are not obligated to disclose any information from the User Account to the user or designated third parties, otherwise expressly set out by the law. After the termination of this Agreement, we still have the following rights:
9.4.1. Continue to retain various types of information saved by the user in the "SG Bike" software
9.4.2. If the user has previously breached the contract, we can still pursue liability in accordance with this agreement.
10. Notification Service
10.1. Under this Agreement, we will send notifications to users via webpage announcements, in-software announcements, e-mails, SMS messages or regular mail deliveries. Apart from regular mail deliveries, which are postmarked with the dates of delivery, all other notifications are deemed to have been delivered to the recipient on the sending dates.
10.2. The user should contact us via official communication channels such as our mailing address, fax number and email address.
11. Dispute Resolution and Applicable Laws
11.1. The consensus, execution and interpretation of this Agreement, as well as the resolution of disputes regarding this Agreement, involve the applicable Chinese laws on software services and are subject to the jurisdiction of Chinese courts. The consensus, execution and interpretation of this Agreement, as well as the resolution of disputes regarding this Agreement, involve the application of local laws for bicycle services and are subject to the jurisdiction of the local courts.
11.2. In the event of any dispute between the parties regarding the content of this Agreement or its execution, the parties shall try to resolve it through friendly negotiation. If the negotiation fails, either party may file a lawsuit in the relevant court. Note that the Chinese version of the Agreement takes precedence.
12. Other Regulations
12.1. If any clause of this Agreement is wholly or partially invalid or unenforceable for any reason, it does not affect the validity of the other terms of this Agreement. Under such circumstances, the parties should negotiate and determine new legal terms to ensure the maximum realisation of the original terms. The headings in this Agreement are for convenience only and should not be construed as limiting the interpretation of this Agreement.
12.2. Any party that forfeits or delays the exercising of all or part of its rights under this Agreement shall not be deemed to have forfeited any other rights or similar rights under this Agreement.
12.3. This Agreement constitutes the entire agreement between the parties regarding the content of this Agreement. All other unanimous agreements existing prior to the signing of this Agreement, whether verbal, in writing or otherwise, are now invalid.