Chapter 1 General Provisions
Article 1. (Definitions)
The terms in this Agreement shall have the following meanings.
Operator: Toyota Mobility Services Co., Ltd.
Sharing System: System which tracks and authorizes the renting and returning the shared bicycles of the Members from the Ports during operating hours
Shared Bicycle: Bicycle provided by the Operator
Port: A set of bicycle docks in charge of renting, returning and depositing bicycles
Bicycle Key: A key with built-in electronic / communication and attached to a sharing bicycle
Administrative Office: Base and center that maintains and manages the sharing bicycles, bicycle Ports and deals with Members
Article 2. (Application of Agreement)
- 1. The Operator will enter into an agreement (hereinafter, "Membership Agreement") with individuals who have the purpose of enjoying the service and wish to join the Sharing System set forth in this Membership Agreement in relation to the "Chika Chari" (hereinafter, "the Service") operated by the Operator. Matters not stated here in this Membership Agreement will be determined by law and general customary practices.
- 2. This Agreement shall apply to all Members.
Chapter 2 Membership Agreement
Article 3. (Conclusion of Membership Agreement)
- 1. Members who wish to join the Sharing System shall agree with the Membership Agreement prior to applying for Membership according to the method designated by the Operator. An applicant for Sharing System who is a minor must obtain the consent of a guardian before applying for Membership.
- 2. Membership Agreement will be established when the Operator approves the application of the Members who wish to join the Sharing System as stated in the preceding Paragraph.
- 3. When any one of the following applies to an applicant who wishes to join the Membership, the Operator may refuse to enter into a Membership Agreement with such applicant.
- (1) The individual is less than 145cm tall to rent a normal bicycle.
- (2) The Operator believes that the individual is drunk or under the influence of alcohol, or it is difficult for the individual to ride a rental bicycle safely.
- (3) The individual is believed presenting symptoms of poisoning due to drugs, stimulants, thinners, etc.
- (4) The individual is believed to be a member of a gang, have an affiliation with a gang, or belong to an antisocial force.
- (5) The individual is under 13 years of age and unable to wear a helmet.
- (6) The individual does not agree to this Agreement.
- (7) In addition to the above, any other individual the Operator believes to be unsuitable.
Article 4. (Conditions of Use)
- 1. The Member will select the subscription plan and the associated method of payment designated by the Operator to enter the Membership Agreement with the Operator.
- 2. The Member will pay the charges established in Chapter 5 in accordance with the selected subscription plan and method of payment as stated in the preceding Paragraph.
Article 5. (Change in Recorded personal Information)
- 1. If there is a change in a Member's personal information, selected subscription plan or method of payment when applying for Membership Agreement by the Member to the Operator, the Member will immediately inform the Operator the details of such change and obtain the Operator's approval.
- 2. The Operator may refuse to approve a change stated in the preceding Paragraph or may cancel the Membership Agreement if the Operator deems that the nature of the said change hinder the performance of the Operator's services.
Article 6. (Cancellation of Membership Agreement)
If any of the following applies to a Member, the Operator may without giving prior notice or warning suspend the Member's use of the service or may cancel the Membership Agreement.
- (1) When the Member has violated this Membership Agreement.
- (2) When the Member has caused a traffic accident during the use of a Shared Bicycle.
- (3) When the Member is delinquent in payment of the charges stated in Chapter 5 or the payment of any other charges under this Agreement even once.
- (4) When Article 3-3 (the reasons for rejection) applies to the Member.
- (5) In addition to any of the above circumstances, when the Operator is unable to make contact with the Member, when the Member has provided false information when joining the Sharing System, or when for any other reason the Operator deems the Member's continuation of use of the Sharing System is inappropriate.
Article 7. (Termination of the Service)
- 1. The Operator may under the sole discretion terminate Sharing System when the Operator deems its continuation to be difficult due to the inability to provide Shared Bicycles or the Sharing System in whole or in part, or due to any other reason.
- 2. In the event of the preceding Paragraph, the Operator will give notice to Members according to a method the Operator considered appropriate including but not limited to the website prescribed by the Operator and will terminate the Membership Agreements.
Article 8. (Period of Implementation of this Service)
The Operator shall make announce the duration, which it intends to conduct this Service on the website. Note that, the Operator may change the implementation without prior notice due to weather or other operational reasons that may affect the operation.
Article 9. (Temporary Suspension and Recommencement)
When the Operator deems it is difficult to maintain the performance of the Service due to force majeure events or any other circumstances might prevent the Operator from providing the Service from time to time, the Operator may temporarily suspend the service in part or in whole upon notifying Users in advance according to a method the Operator considered appropriate including but not limited to the website prescribed by the Operator. The Operator shall do the same when it recommences the Service after the reason for suspension ceases to exist.
Article 10. (Midterm Cancellation)
A Member may cancel the Membership Agreement upon receiving the approval of the Operator. In such case, the Member will pay the usage fees up until the day of cancellation of the Membership Agreement.
Article 11. (Effective Period of Membership Agreement)
The Membership Agreement will be valid from the date of execution of the Membership Agreement until the end of this Service.
Article 12. (ID and Password Management)
- 1. Members will appropriately manage at their own responsibility the ID and password provided by the Operator at the time the completion of Membership Agreement registration, and the passcode provided by the Operator at the time of rental of the Shared Bicycle to unlock the Key. Members will not disclose or reveal such information to a third party or allow use thereof by a third party.
- 2. The Operator will accept no responsibility in the management of an ID, password, or unlocking passcode except when due to an event attributable to the Operator. Any use of an ID, password or unlocking passcode or any other such conduct by a third party will be deemed to be use of the aforementioned by the Member in question.
- 3. A Member will immediately notify Administrative Office when his/her ID, password or unlocking passcode is stolen or used without authorization, or there is likelihood thereof.
Chapter 3 Rental Procedures
Article 13. (Reservation and Cancellation of Reservation, etc.)
- 1. If a Member prefers to reserve a Shared Bicycle, the Member have to explicitly specify the bicycle Port and the bicycle that he/she wishes to rent in advance, in accordance with the prescribed method. Member shall make an individual renting contract (Hereinafter referred as "Individual Contract") which will apply for reservation. The Operation will respond to this reservation to its best effort considering the other reservation situation.
- 2. If, even by the end of prescribed time, the Operator is unable to carry out the Rental Procedures set forth in Article 14, paragraph 1, or is unable to provide the Shared Bicycle for rent according to the reserved conditions, the Operator may unconditionally cancel the said reservation.
- 3. Neither a Member shall make any claim against the Operator the cancellation of the reservation in accordance with the preceding Paragraph.
Article 14. (Procedures for Renting a Shared Bicycle)
- 1. After having made a reservation to conclude an Individual Agreement, the Member will unlock the Shared Bicycle using the Key by the method prescribed by the Operator (hereafter, this procedure will be referred to as the "Rental Procedures"). An Individual Agreement between the Member and the Operator will be established, and the Operator shall rent the Shared Bicycle to the Member.
- 2. If circumstances stated in Article 6 and Article 13 apply to a Member, the Operator may refuse to provide the Shared Bicycle rental service.
- 3. Neither a Member shall not make any claim against the Operator the cancellation of the Shared Bicycle rental service in accordance with the preceding Paragraph.
Article 15. (Procedure for Returning a Bicycle)
- 1. The procedure for the return of a Shared Bicycle is completed when the Member himself/herself manually ① locks the Bicycle Key attached on the Shared Bicycle; ② gives notification of its return using the Sharing System by the method specified by the Operator (hereafter, this procedure will be referred to as the "Return Procedures"). With the completion of this procedure, the Individual Contract will terminate.
- 2. Before returning the Shared Bicycle, the Member shall confirm that he/she has not left behind any belongings on the Shared Bicycle. The Operator shall assume no responsibility for belongings, etc. left behind by a Member.
- 3. If a Member fails to contact or fails to follow instructions given by the Administrative Office and leaves the Shared Bicycle outside the Port, the Return Procedures will be considered incomplete.
Article 16. (Cancellation of Individual Contract)
When any one of the following applies, the Operator may cancel the Individual Contract and may demand that the Member return the Shared Bicycle.
- (1) When the rental of the Shared Bicycle cannot be continued during the rental period due to the inoperability of the Shared Bicycle or a problem in the Sharing System, or other reason.
- (2) When this Agreement there has been breached by the Member during the rental period.
Chapter 4 Procedures for Bicycle Accidents, Etc.
Article 17. (Procedures if Encountered with An Accident)
- 1. If the Member encounters an accident while riding the Shared Bicycle during the rental period, the Member shall take appropriate measures under the law and shall deal with the matter as follows, regardless of the scale of the accident.
- (1) Immediately contact the jurisdictional police and the Administrative Office regarding details of the accident.
- (2) Immediately submit documentation and/or evidence concerning the accident required by the Operator and the insurance company designated by the Operator.
- (3) Obtain the Operator's approval before entering into a settlement or agreement with a third party regarding the said accident.
- 2. In addition to procedures stated in the preceding Paragraph, the Member will make every effort to settle and resolve any accident at the Member's own responsibility and expense.
Article 18. (Procedures for break-down, theft and others)
- 1. When a Member discovers a fault or a malfunction in the Shared Bicycle or the Port during the rental period, the Member will immediately cease the use of the Shared Bicycle and will contact the Administrative Office and follow the instructions of that office.
- 2. When a Member discovers that the Shared Bicycle has been stolen during the rental period, the Member will immediately contact both the jurisdictional police and the Administrative Office regarding the circumstances of the theft and will follow instructions of that office. The Member will also pay an amount specified by the Operator as the amount of the personal liability for the theft of the Shared Bicycle.
Article 19. (Procedures if Battery Runs out of Charge)
If a Member's Shared Bicycle battery has run out of charge during the rental period, or there is likelihood thereof, the Member shall immediately contact the Administrative Office concerning the status of the battery and take necessary measures such as going to the nearest Port management shop to replace a battery, or returning the Shared Bicycle to the Port where his/she rent this bicycle.
The battery replacement shall be performed during the business hours of the Port management shop (Toyota Renta Realse shop described on the website).
The Operator will not provide any compensation for the damage of battery's running out of charge caused by the customer.
Article 20. (Compensation)
- 1. Under an established Individual Contract, the Operator will provide various types of casualty insurance coverage according to conditions stated below for the period the Member rents a Shared Bicycle, and will provide compensation to the limit stated below for liability in damages for which the Member is liable as stated in Article 35.
- (1) Death and residual disability: 800 thousand yen, hospital cover per day/ inpatient: 4,000 yen, per day/ outpatient: 2,000 yen. However, hospitalization for an inpatient is covered for no more than 180 days from the date of the accident, and for an outpatient no more than 90 days altogether no later than 180 days from the date of the accident.
* The indemnity period for injuries while riding a Shared Bicycle. Injuries resulting from sudden and unexpected external events are covered.
- (2) Indemnity liability: 300 million yen for insurance (combined with person and property)
* Indemnity for the period while riding a Shared Bicycle. Compensation covers legal indemnity liability for physical injury or damage to property to a third party resulting from the use of a Shared Bicycle by a Member.
- 2. The Member will be liable for damages that exceed compensation limits stated in the preceding Paragraph.
- 3. The Member will accept without objection the possibility that the Member may not receive compensation through casualty insurance or the Operator's compensation system due to any loss arising from an accident not reported to the police or the Administrative Office, or due to a mishap arising from the Member's breach of this Agreement.
- 4. In addition to provisions stated in Paragraph 3 above, in some cases compensation as stated in Paragraph 1 above may not apply due to insurance terms and conditions, etc., when disclaimers (when insurance payment is not made) apply to terms and conditions of various types of casualty insurance. The Member will be liable for the said damages.
- 5. The information provided on the various types of insurance presented in this Article is merely a general overview of the said types of insurance. Members should address all inquiries concerning details of insurance terms and conditions and procedures for making an insurance claim to the Administrative Office.
Chapter 5 Service Charges
Article 21. (Service Charges)
- 1.The types of service charges Members will pay to the Operator for the use of the Shared Bicycles will be the basic fees, extra charges and other applicable charges.
- 2. The Operator will clearly state the respective amounts of the charges and the bases of their calculation by making details public on the website. When the Operator intends to amend the charges stated above, the Operator will do so by announcing the amended service on the website prescribed by us at least one 1 week before such amended service become effective.
Article 22. (Basic Fees)
The basic fees are the basic charges a Member pays based on the type of subscription plan which the Member selected in Article 4-1, or the type of subscription plan amended as stated in Article 5-1, and correspond to the period of time services are received as stated in the Agreement type, such as day or hours, etc.
Article 23. (Extra Charges)
- 1. Extra charges, mean the fees which will be charged when a Member uses the Shared Bicycle beyond the initial hours of use designated in the subscription plan.
- 2. Extra charges, will be calculated from the period, beginning from the end of initial hours of use stated in the preceding Paragraph to completion of the return of the Shared Bicycle including the Return Procedures stated in Article 15.
Article 24. (Other Charges)
Other charges shall constitute the amount to be paid for charges published by the Operator for paid services provided thereby desired by the Member in addition to the basic fee and extension fee.
The paid service shall be provided during the business hours of the Port management shop (Toyota Renta Realse shop described on the website).
Article 25. (Payment of Charges)
- 1. A Member will pay to the Operator the total amount of charges based on the contents of subscription plan which the Member selected in Article 4-1, or the contents of subscription plan amended as stated in Article 5-1, by the method of payment such as credit card, etc. The amount to be paid when the Member returns the Shared Bicycle shall include basic fees, extra charges and other charges.
- 2. If the Operator is unable to receive payment from a Member according to the method stated in the preceding Paragraph, the Operator may seek to receive payment by another method of settlement established by the Operator.
Article 26. (Case in Which Service Charges Will be Refunded)
- 1. If the Member has suffered damage due to it having become impossible or significantly difficult for the Operator to continue the Rental Procedures of a Shared Bicycle as a direct consequence of the inoperability in the website or Sharing System (Hereinafter referred as "Inoperability"), then the Operator will refund the amount of Service Charges that the Operator deems equivalent to the ordinary and direct damages caused by the inoperability upon the request of the Member so long as all of the following conditions are satisfied.
- (1) The Member immediately notified the Operator after he/she realized the Inoperability.
- (2) The Member provided the Operator with a sufficient explanation during the Operator's investigation process.
- (3) The Member has provided the Operator with evidence of facts from which the Inoperability can be inferred.
- 2.The Operator shall process the refund to the Member at the time the Operator prescribes.
Article 27. (Cases in Which Service Charges Will not be Refunded)
- 1.Regardless of the preceding Article, a refund will not be issued when the Operator deems any of the following circumstances to apply.
- (1) When the Inoperability is a consequence of the Member's willful acts, acts of gross negligence or acts in violation of law.
- (2) When the Member has provided a false explanation of important matters relating to the Inoperability.
- (3) When the Member has failed to notify the Operator of the Inoperability within 30 days from the day following the occurrence of the Inoperability.
- (4) When the Inoperability is a consequence of the Member's acts in violation of this Agreement.
Chapter 6 Liability
Article 28. (Safety Inspection and Maintenance)
The Operator will undertake Safety Inspection and Maintenance of the Shared Bicycles and Ports according to standards established by the Operator.
Article 29. (Safety Inspection Prior to Use)
- 1. To ensure that a Shared Bicycle is in order and can be safely ridden, each time a Member rents a Shared Bicycle, the Member will make sure the (1) Safe operation of all brakes, lights and the bell (2) Function of the Handle bar and the frame (3) Proper tire pressure (4) Sharing System and the Key(5) and the battery is sufficiently charged.
- 2. When a Member notice any mechanical, missing fixtures or other problem or safety issue; and in such case the Member will promptly notify the Administrative Office of all problems and issues and cease use of the Shared Bicycle.
- 3. If the Member persists in the use of a Shared Bicycle without reporting an existing problem as stated in the preceding Paragraph, the Operator will deem that there were no problems with the Shared Bicycle such as faults, missing fixtures or poor maintenance at the time the Member received the Shared Bicycle.
Article 30. (Duty of Care)
- 1. The Member is responsible for exercising due care in the use and storage of the Shared Bicycle.
- 2. The Member's responsibility to exercise due care will begin when the Rental Procedure is complete and will end when the Return Procedure for this bicycle is complete in accordance with the Individual Contract.
Article 31. (Prohibited Acts)
A Member will not engage in any of the following acts during the rental period of the Shared Bicycle.
- (1) The Member may not allow another person other than the Member to use the Shared Bicycle.
- (2) The Member may not engage in dangerous behavior such as reckless riding or riding under the influence of alcohol and so on.
- (3) Member may not violate any applicable traffic rules or any command or instruction from law enforcement personnel.
- (4) Member may not use the bicycle in public parks, etc. where riding is forbidden, in hazardous places or where riding is inappropriate.
- (5) Member may not engage in acts that may obstruct the passage of pedestrians.
- (6) Member may not enhance or modify the structure, units or fittings of the bicycle.
- (7) Member may not park in an area where the parking of bicycles, etc. is prohibited under local regulations, park on private property without permission, or park in a place that may obstruct passage.
- (8) Member may not persist in riding the bicycle when it breaks down in the course of riding.
- (9) Member may not use the bicycle for various tests, competitions, or hauling or pushing objects.
- (10) Member may not (In the case of a Member less than 13 years old) ride the bicycle without wearing a helmet.
- (11) Member shall not engage in any other act that violates the laws or regulations or public order.
Article 32. (Procedures for Unattended Bicycles)
- 1. When a Member has parked (hereafter, “abandoned”) a Shared Bicycle in a place where parking is prohibited as stated in Sub-paragraph 7 of the preceding Article, the Member will be responsible for compensating the Operator for any and all losses caused to the Operator including various costs for the removal and storage, etc. of the abandoned bicycle, applicable usage fees until the return of the bicycle, and any other costs.
- 2. If the municipal government or police, etc. contact the Operator regarding an abandoned bicycle as in the case of the preceding Paragraph, the Operator will contact the Member and demand that the Member promptly transfer the Shared Bicycle to the place specified by the Operator and as an offender the Member will comply with measures under the law.
- 3. When the Operator has paid costs stated in Paragraph 1 for which the Member is liable, the Member will promptly pay those to the Operator.
Article 33. (Obligation to Return Shared Bicycles)
A Member will return a Shared Bicycle in the same state in which it was received when it was provided to the Member for rental, excluding wear and tear through ordinary use. If the Shared Bicycle including fixtures is damaged, lost, or stolen in part or in whole due to a reason attributable to the Member, the Member will be responsible for any and all expenses required to restore the Shared Bicycle to its original state including the repair or repurchase thereof.
Article 34. (Procedures for Unreturned Shared Bicycles)
- 1. If a Member fails to return a Shared Bicycle within the operating hours stipulated in the applicable type of subscription plan or fails to comply with the Operator's request to return a Shared Bicycle or is late in settling payment, or if the Operator deems the Member has absconded with the Shared Bicycle when the said bicycle is not returned and the Member's whereabouts are not known, the Operator may cancel the Membership Agreement or the Individual Contract and may take legal procedures including lodging a criminal complaint against the Member.
- 2. If circumstances stated in the preceding Paragraph apply to a Member, the Member will be held responsible for applicable usage fees of the Shared Bicycle until its return, costs required to search for and recover the bicycle, and any other damages caused to the Operator.
- 3. If due to a natural disaster or any other unavoidable occurrence the Shared Bicycle is not returned by the Member by the end of the Sharing System operating hours, the Member will not be held responsible for any losses arising as a result. In such case, the Member will immediately contact the Administrative Office and follow the office's instructions accordingly.
Article 35. (Indemnity Liability)
In addition to provisions stated in this Agreement, if in the course of using a Shared Bicycle a Member causes damages to a third party or to the Operator, the Member will be responsible for compensation for such damages. However, this will not apply when the said damages are not attributable to the Member.
Chapter 7 Exemption from Liability
Article 36. (Exemption from Liability)
A Member may not for any reason seek compensation from the Operator for suffering damages arising from either because the use of or inability to use the Shared Bicycle. However a Member may claim compensation with in the amount of fees received from the said Members for damages are result of willful intent or gross negligent on the part of the Operator.
Chapter 8 Use of Personal Information
Article 37. (Use of Personal Information)
- 2. The Operator may disclose the personal information of the Members to the following third parties.
[Personal information subject to third party disclosure]
[Scope of third parties]
[Purpose of disclosure to third parties]
[Party responsible for management of personal information]
Toyota Mobility Services Co., Ltd.
Article 38 (GPS Function)
- 1. A Shared Bicycle is equipped with a Global Positioning System (hereinafter referred to as "GPS function"), the Member shall be deemed to give permission to the recording of such information as real-time position and routes in the system designated by us, and agree to the use of said information by us for the following purposes.
- (1) To confirm if the Member returns the Shared Bicycle to the designated place by the end of the Rental Contract.
- (2) To confirm such information as real-time position of a Shared Bicycle in the case of the situation stated in the Article 33, Paragraph 1, or when it is deemed necessary for the management of the Shared Bicycle or the execution of the Rental Contract, etc.
- 2. The Operator may use personal information and location information, etc. for research, marketing or other business purposes, or provide such information to a third party, after processing that information to statistical information which cannot identify specific individuals.
- 3. The Member shall be deemed to give permission to the disclosure of the information recorded by the GPS function mentioned above to the necessary extent when the Operator is asked to disclosure the said information according to the laws and regulations or when the Operator receives the disclosure request or order sent by the court, administrative body and other public institution.
Chapter 9 Miscellaneous Provisions
Article 39. (Modification of this Agreement)
When the Operator revises this Agreement, the Operator will give notification by posting such notice on the website specified by the Operator. Furthermore the Operator, may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause, the Member will be deemed to have agreed to be bound by all such amendments, modifications and changes.
Article 40. (Late Payment Penalty)
When a Member neglects to fulfill the executing monetary obligations under this Agreement, or an Individual Contract, the Member shall pay the delayed payment to the Operator at an annual rate of 14.6% on a pro rata basis (calculated on a daily basis with a year being equal to 365 days).
Article 41. (Court of Jurisdiction)
Both the Operator and the Member agree that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance in any dispute and/ or legal action relating to the rights and obligations under this Agreement or an Individual Contract.