Bicycle Rental Agreement, Liability Waiver, and Release

TORONTO PARKING AUTHORITY (“TPA”) is the owner of a self-serve public bicycle rental system, Bike Share Toronto, (“Service”), managed by Shift Transit Inc. (“Company,” “Our,” or “We”).  In consideration of your use of Service, Company requires that you (“User”, “Users”, “The User”, “You”, or “Your”) agree to all terms and conditions in this Bicycle Rental Agreement, Liability Waiver, and Release (“Agreement”), which are intended to promote the safe use of Bike Share Toronto’s bicycles, and which apply to all Long-Term Users , Day Pass Users and “Pay-As-You-Go”, Users as defined below.  In this Agreement, “User”/”Users”/“The User” means and includes both Long-Term Users, Daily Users and “Pay-As-You-Go” Users.

 

Section 1.  Modifications to Agreement

 

Company reserves the right to unilaterally amend, modify, or change this Agreement, at any time and from time to time in its sole discretion, without notice and without User’s consent.  By continuing to use any Service after any amendment, modification, or change, the User has agreed to be bound by all such amendments, modifications, and changes.  The User must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.  Whenever a change is made to this Agreement, Company will post a notification on www.bikesharetoronto.com (“Website”).

 

Section 2.  Term of Agreement

 

This Agreement shall remain in full force and effect beginning with Your first use of any Service, and as otherwise provided in this Agreement; provided, however, that Your personal financial responsibility under Section 15 of this Agreement, titled “Credit Card Matters”, expires one year after the later of (i) Your last use of any Service, or (ii) the expiration of any pass purchased for the use of any Service (each a “Pass” or “User Pass”).  At any time and from time to time, and without the User's consent, Company may unilaterally terminate Your right to use any Service, in Company’s sole discretion and without any notice or cause.  This Agreement remains in full force and effect after any termination of Your right to use any Service.

 

Section 3.  Service System

 

The Service is comprised of Bike Share Toronto bicycle stations (“Stations”), which sometimes include an automated pay station (“Pay Station”), and separate stands that allow the docking of Bike Share Toronto bicycles (“Bike Docks”).  The Stations are for the purposes of the renting, docking, and locking of Bike Share Toronto bicycles, as well as the identification of the User.  Under the Service, Bike Share Toronto bicycles may be rented from any Station and must be returned to any Station. Pay-As-You-Go Users (e.g. users who do not have an annual pass or day pass) will also be required to pay an “unlocking fee”. Users who rent pedal-assisted battery powered electric bikes (e-bikes) will also be required to pay per minute fees, and, depending on their pass type, additional undocking fees.

 

More details can be found in Section 7 of this Agreement. 

 

Section 3.1 Types of Bicycles.

 

Bike Share Toronto’s fleet has two distinct types of bicycles:

 

  • Standard, person-pedal powered bicycle known as a “Classic” bicycle (previously known as “Iconic” bicycles). These bicycles account for the majority of the Bike Share Toronto fleet, and can be unlocked at any available Bike Dock (provided there are no User-Identified mechanical issues)
  • Pedal-assisted battery powered bicycles (”e-bikes”), which make use of re-chargeable electric batteries to assist users in pedaling the bicycle. These bicycles can also be docked at all Bike docks, but can only be recharged at a number of Bike docks that offer recharging capabilities. If not docked in a recharging Bike Dock, these bikes will lock out uses once their battery drops below a certain charge percentage. 

 

Section 4.  User Passes

 

Section 4.1  Long-Term Pass.

 

Users may purchase a long-term User Pass for the use of the Service, which may be for a period of one year (a “Long-Term Pass”).

 

There are two classes of long-term User Passes: A User pass which allows for unlimited 30-minute rides (“Annual 30”) and a user pass which allows for unlimited 45-minute rides (“Annual 45”).

 

 To purchase a Long-Term Pass, Users must complete a registration form and create an account ("Account") on the Website to become a Long-Term User (“Long-Term User(s)”).  When a Long-Term User subscribes to the Service, Company will charge the Long-Term User’s credit card the amount for the Pass, as described in Section 5.  Once Long-Term User’s credit card payment clears, the User will be asked if they would prefer to receive a physical key for the system or not. If the User opts to receive a physical key, the Company will mail a system card or key (“System Key”) with a welcome packet to the mailing address listed by Long-Term User.  Welcome packets are typically received by Long-Term User within one (1) week.  Users can use either a physical key, or can also use the mobile website (www.bikesharetoronto.com ) and/or the Bike Share Toronto app to unlock bikes and use their membership. Users must activate the system key on the Website, under the “Login” heading, before using the Service for the first time. 

 

A Long-Term Pass becomes valid and active upon purchase and the Bike Share Toronto system can be accessed immediately via the mobile website portal (www.bikesharetoronto.com ) or via the Bike Share Toronto app. If a User opts to receive a physical member key, they will also be required to activate the membership key online in order to use it.

 

Long-Term Users who elect the annual option will also have the option to select “auto-renewal” authorizing Bike Share Toronto to charge a subsequent annual fee until the Long-Term User contacts Bike Share Toronto to terminate renewals of their pass.  

 

Within one year after the expiration of a Long-Term Pass, User may renew (if the “auto-renewal option was not already selected) the Long-Term Pass on the Website, under the “Login” heading.  If the Long-Term Pass is not renewed within this period of time, then User may be required to (i) take certain actions to reactivate Long-Term User's Account, or (ii) create an entirely new Account for a new Long-Term Pass.  

 

The Long-Term Pass, and the personal identification number and system key related thereto, are non-transferable and may be terminated if User breaches this Agreement, as decided by Company in its sole discretion.  If a Pass is terminated for any reason, then no refund shall be provided.

 

All users, including Long-Term Users, must still pay the rates as set forth in Section 7 for all trips in excess of 30 minutes or 45 minutes (depending on the pass type).  Please note that different rates apply if the User chooses to rent an e-bike

 

Users of long-term passes will be responsible for paying all overage fees associated with their membership, as well as fees associated with the usage of battery powered electronic bikes (“e-bikes”). More information on these fees can be found in Section 7. 

 

Section 4.2   Daily Pass. If the User elects not to purchase a Long-Term Pass and merely uses the Service for 24 hours, then User may elect to purchase a Pass for a period of 24 hours (“Day Pass”) and the User shall be considered a Casual or Daily User (“Daily User”).  To purchase a Day Pass, the User will either be prompted for payment (1) at the Station, (2), via the Bike Share Website on mobile (www.bikesharetoronto.com), or (3) via the mobile app "Bike Share Toronto"; however, that Daily User must in addition pay the rates as set forth in Section 7 and all users, including Daily Users, must still pay the rates as set forth in Section 7 for all trips in excess of 90 minutes.

 

Please note that the Day Pass does not apply to e-bikes. Users who rent an e-bike on a Day Pass will still be required to pay an unlocking fee, as well as a “per minute” fee (details can be found in Section 7).

 

Section 5.  Long-Term User Rates and Benefits

 

A one-year “Annual 30” Long-Term Pass may be purchased for $105 plus additional charges pursuant to the rates set forth in Section 7. 

 

A one-year “Annual 45” Long-Term Pass may be purchased for $120 plus additional charges pursuant to the rates set forth in Section 7.  Users may purchase a Pass by using a Visa, MasterCard or American Express credit card. On or around the 24th day of each month, the total amount of chargeable trips (i.e., those trips in excess of 30 minutes, as the case may be) will be charged to Long-Term User’s credit card.  

 

If Long-Term Users have any claim or dispute regarding a chargeable trip, then Long-Term User must, within 10 business days from the end of the prior month with the disputed claim, provide to Company the corresponding trip number to identify the place and time the Bike Share Toronto bicycle was rented and returned.

 

Section 6.  “Pay-As-You Go” Users 

 

If the User elects not to purchase a Long-Term pass and only pay for a single trip at a time, the User will be considered a “Pay-As-You-Go” User. “Pay-As-You-Go” Users will either be prompted for payment (1) at the Station, (2), via the Bike Share Website on mobile at www.bikesharetoronto.com, or (3) via the mobile app "Bike Share Toronto". 

 

Users will be required to enter in payment information, at which point they will be provided with a code which allows the bicycle to be unlocked. “Pay-As-You-Go” Users will be charged an unlocking fee and pay per minute during their ride. “Pay-As-You-Go” Users will be charged for their trip once they return their bicycle to a Bike Dock. For example, a “Pay-As-You-Go” User who takes a 10-minute trip on a Classic bike will be charged $2.20 for their trip ($1 unlocking fee + $0.12/minute ride*10 minutes = $2.20). 

 

Pay-As-You-Go Users will also pay a slightly higher fee for the use of e-bikes when compared to a Classic bicycle. A 10-minute trip on an e-bike will cost the same “Pay-As-You-Go” user $3.00 ($1 unlocking fee + $0.20/minute ride*10 minutes = $3.00).

 

Bike Share requires all Pay-As-You-Go Users to pay a small hold on their credit card ($50.00 per transaction) as a temporary deposit. This hold is generally returned within 4-10 business days, depending on the User’s banking institution’s policies and procedures. 

 

Section 7.  Usage Rates and Fees

 

Section 7.1 Classic Bicycles

 

Usage Rates – Annual Members – Classic Bicycles In addition to the Long-Term and Day Pass rates outlined in Sections 4 through 6, all Users are subject to usage rates as set forth in the chart below.  If an Annual 30/Annual 45 Membership holder returns the Bike Share Toronto bicycle to a Bike Dock within their allotted time, no additional usage charge applies. A User may remove another Bike Share Toronto bicycle from a Bike Dock after returning and docking the previous Bike Share Toronto bicycle.

 

Overage fees will apply for rides on a Classic bike for trips lasting longer than 30 or 45 minutes at a rate of $0.12 per minute of ride time until the bike is docked.

 

If applicable, members are billed classic bike overage fees and e-bike usage fees on the 25th of the month OR if fees reach the amount of $50, whichever comes first.

 

Usage Rates – Day Pass Users – Classic Bicycles

 

Day pass users pay a flat fee of $15 for unlimited 90 minute rides in a 24-hour period. For every trip exceeding 90 minutes, overage fees will accumulate at a rate of $0.12 for each additional minute of trip time. To avoid an overage charge before your 90-minute trip is up, dock the bike and unlock another to continue riding.

 

Day Pass users are not required to pay an unlocking fee when using Classic Bicycles. 

 

PLEASE NOTE: Day Passes do not include e-bikes. E-bikes are subject to Pay-As-You-Go pass pricing ($1.00 to unlock + $0.20 per minute of ride time). 

 

Usage Rates – Pay-As-You Go Users – Classic Bicycles

 

“Pay-As-You-Go” members will pay a $1.00 unlocking fee and then a per minute rate of $0.12 per minute. 

 

“Pay-As-You-Go” members do not pay overage fees, as they are charged $0.12 per minute, regardless of how long they have their bicycle out 

 

Section 7.2 Electric Bicycles/E-Bikes

 

Usage Rates – Annual 30/Annual 45 Members – e-Bikes

 

Annual members (Annual 30/Annual 45), will pay a per minute usage rate of $0.10 per minute when using an e-bike. 

 

Annual members, regardless of their membership type, do not pay an unlocking fee. 

 

If applicable, members are billed classic bike overage fees and e-bike usage fees on the 25th of the month OR if fees reach the amount of $50, whichever comes first.

 

Usage Rates – Day Pass Users/Pay-As-You-Go Users – e-Bikes

 

Pay-As-You-Go Users who choose to ride an e-bike will be charged a $1.00 unlocking fee, and pay a usage rate of $0.20 per minute. 

 

Day Pass Users & e-bikes:

 

Day Passes are not applicable to e-bikes – Day Pass Users who choose to rent an e-bike will be treated as “Pay-As You-Go” Users and be required to pay the $1.00 unlocking fee, as well as the $0.20 per minute usage rate. 

 

 Day Pass Users who wish to avoid these charges are advised to only use Classic bicycles. 

 

If the bicycle is not returned within their allotted time.

 

Section 7.3  Additional Fees.

 

If the Bike Share Toronto bicycle is not returned to a Bike Dock within the Permitted Period of Continuous Use, then User will be charged a fee as provided in Section 9.3 of this Agreement.  If the Bike Share Toronto bicycle is returned to a Bike Dock damaged or in a state of disrepair arising out of User’s negligence, except for normal wear and tear, then User will be charged a fee that is equal to the cost of repair.  Such fees may be charged as soon as 24 hours after the Bike Share Toronto bicycle is not returned or is returned in a damaged state.  Company will attempt to contact the User via telephone and email before charging the User's credit card, by using the contact information provided by the User when subscribing to the Service.

 

Section 8. Availability of Service

 

Company makes every effort to provide the Service for 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent Company from providing the Service.  Access to the Service also is conditioned on the availability of Bike Share Toronto bicycles at each Station.  Company does not represent or warrant the availability of any Service or the availability of any Bike Share Toronto bicycle at any Station.  Users may use the Website or Bike Share Toronto app, which may be downloaded from the Apple App Store or Google Play Store, to consult the inventory of Bike Share Toronto bicycles available at a Station.

 

Section 9.1  Removing A Bicycle.

 

Section 9.1(a) General Instructions.

 

Users can unlock bicycles three ways:

 

  1. By through inserting their system key or card into the reader slot on the Bike Dock keyboard
  2. By entering a 5-digit code generated by the mobile website at point of sale on the Bike Dock keyboard
  3. By scanning the QR code found on all Bike Share Bicycles with the Bike Share Toronto app. 

 

Once the user has used their system key/entered the code/scanned the QR code, they will have 20 seconds to remove their bicycle. 

 

Using the System Key/Card

 

Once the user inserts their card into the slot, they will see that the yellow light located on the Bike Dock turn on as the system validates their key. Two sound signals are also emitted.   Once the signal light turns green, the Bike Share Toronto bicycle can be removed.  

 

 If the Bike Share Toronto bicycle is not removed within 20 second period, the Bike Dock locks and Long-Term User must repeat the process described above.

 

Using the 5-Digit Code

 

Users may also request a 5-digit unlock code via the kiosk, which will be randomly generated. Once the User received their unique code, they will have 120 seconds to enter the code on the Bike Dock keypad (found on each individual Bike Dock).

 

Once the User enters their code, they will see that the yellow light located on the Bike Dock turn on as the system validates their code. Two sound signals are also emitted.   Once the signal light turns green, the Bike Share Toronto bicycle can be removed.   

 

If the Bike Share Toronto bicycle is not removed within 20 second period, the Bike Dock locks and the User must repeat the process described above.


Scanning the QR Code

 

Using the Bike Share Toronto app, the User can scan the QR code found on each Bike Share Bicycle. Once scanned with the app, Users will see that the yellow light located on the Bike Dock turn on as the system validates their account. Two sound signals are also emitted.   Once the signal light turns green, the Bike Share Toronto bicycle can be removed.  

 

Section 9.1(b)  Removing Bicycle by Day Pass User/Pay-As-You-Go User.

 

A Day Pass User/Pay-As-You-Go User must insert a credit card or cash into the Pay Station or, if using the Bikesharetoronto.com website on mobile, obtain a 5-digit code after completing the payment process.  Users can also scan the bicycle with the Bike Share Toronto's app’s integrated QR code scanner. 

 

The Day Pass User/Pay-As-You-Go User must then type the 5-digit code into the Bike Dock keyboard, to remove the Bike Share Toronto bicycle from the Bike Dock.  After the 5-digit code has been entered, the User has 20 seconds to remove the Bike Share Toronto bicycle from the Bike Dock.  The signal light remains yellow during the validation of the User’s 5-digit code, and the signal light turns green when the Bike Share Toronto bicycle can be removed.  Two sound signals are also emitted. 

 

 If the Bike Share Toronto bicycle is not removed within 20 seconds, the Bike Dock locks and the Day Pass User/Pay-As-You-Go User must repeat the process described above.  

 

Each time a Day Pass User/Pay-As-You-Go User would like to remove a new Bike Share Toronto bicycle from a Bike Dock, the User must insert a credit card into the Pay Station, insert the applicable cash payment and obtain a new 5-digit code or scan again with the Bike Share Toronto's app’s integrated QR code reader, to remove the next Bike Share Toronto bicycle.  

 

A Day Pass User/Pay-As-You-Go User may remove up to four Bike Share Toronto bicycles on each credit card account, and will be charged for the use of four Bike Share Toronto bicycles.  Note that if a Day Pass User/Pay-As-You-Go User rents multiple bicycles in one transaction, only one (1) 5-digit code will be issued for removal of the Bike Share Toronto bicycles from the Bike Dock.

 

Section 9.2  Returning A Bicycle.

 

To return the Bike Share Toronto bicycle, the User must secure it into an available Bike Dock. 

 

A sound signal is emitted, and the signal light turns yellow, then green, confirming that the Bike Share Toronto bicycle has been properly secured to the Bike Dock. 

 

If the Bike Share Toronto bicycle is not properly secured in the Bike Dock, then the signal light turns red, and a longer signal sound is emitted.  If the signal light turns red, User must repeat the operation until the signal light turns green, and the Bike Share Toronto bicycle is properly secured in the Bike Dock. 

 

If the signal light does not turn green, User must return the Bike Share Toronto bicycle to another available Bike Dock.  If there is no available Bike Dock at the Station, then Users must push the “Time Credit” icon on the Pay Station screen under the “More Options” menu.  Long-Term Users must insert their key into the reader slot on the Pay Station. Day Pass Users/Pay-As-You-Go Users must swipe their credit card at the Pay Station, to obtain an additional 15-minute credit in which to return the Bike Share Toronto bicycle to another Station.  No fee is charged to User for the additional 15-minute credit.  Users may immediately remove another Bike Share Toronto bicycle from a Bike Dock.  PLEASE NOTE: The “Time Credit” feature is only available when all the docks at the station are full. 

 

Any Bike Share Toronto bicycle that is not properly secured remains the sole responsibility of User, and the usage rates set forth in Section 4 will be charged until the Bike Share Toronto bicycle is properly secured.

 

Section 9.3   Permitted Period of Continuous Use; Lost or Stolen Bicycle.

 

Use of the Service is limited to a period of 24 consecutive hours (“Permitted Period of Continuous Use”).  If User maintains possession of the Bike Share Toronto bicycle beyond the Permitted Period of Continuous Use, then the Bike Share Toronto bicycle is deemed lost or stolen, the User’s credit card may be charged a fee of $1,200, and a police report may be filed with local authorities.  

 

Company will first attempt to contact the User via telephone and email prior to charging the credit card, using the contact information provided by the User upon subscribing, in an attempt to locate the Bike Share Toronto bicycle.  The data generated by the Service’s computer is conclusive evidence of the period of use of a Bike Share Toronto bicycle by the User. 

 

The User must report the disappearance of a Bike Share Toronto bicycle to Company within 24 hours following the disappearance and must report the disappearance to the local police department within 48 hours.  

 

If the User promptly files a police report and forwards the police report to Company, then Company may, in its sole discretion, choose to charge the User a reduced fee based on theft or damage to the Bike Share Toronto bicycle.  Any use that exceeds the Permitted Period of Continuous Use is deemed a disappearance of the Bike Share Toronto bicycle, until the Bike Share Toronto bicycle is found or returned to a Bike Dock.

 

Section 9.4 Reporting a Damaged Bicycle.

 

Should the User notice any mechanical or other problem or safety issue, the User agrees to promptly notify Company of all problems and issues and to use a different Bike Share Toronto bicycle.  The User agrees to press the “Wrench” button within 48 seconds of docking a Bike Share Toronto bicycle that the User notices has any mechanical or other problem or safety issue.

 

Section 9.5 Lost or Damaged System Key.

 

If the User’s system key has been lost or damaged, a replacement may be purchased by calling (855) 898-2378 or by emailing customerservice@bikesharetoronto.com and reporting that the system key has been lost or damaged.  A replacement charge of $10 for the lost or damaged service key will be charged, and a replacement system key will be mailed to User’s mailing address of record.

 

Section 10.  General Assumption of Risk by User.

 

User agrees that riding a Bike Share Toronto bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to the User or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.  

 

The User agrees that such risks, dangers, and hazards are the User's sole responsibility.  The User agrees that if the User’s use of any Service causes injury or damage to another person or property, then the User may be liable for all resulting injuries, damages, and related costs.  

 

By choosing to ride a Bike Share Toronto bicycle, the User assumes all responsibility for all related risks, dangers, and hazards, and the User agrees that Company is not responsible for any injury, damage, or cost caused by the User with respect to any person or property, including the Bike Share Toronto bicycle itself.  The User is solely and fully responsible for the safe operation of the Bike Share Toronto bicycle at all times.  

 

The User may need to take additional safety measures or precautions not specifically addressed in this Agreement.

 

Section 11.  Prohibited Acts.

 

The User acknowledges that Bike Share Toronto’s fleet of bicycles (Classic and e-bike models) are designed to be used only for commuting and recreational purposes and not for any other purposes, including commercial or courier purposes. Bike Share Toronto’s bicycles  are not designed nor insured to be used for commercial purposes, such as for courier services related to the delivery of goods and services.  Bike Share Toronto reserves the right to cancel the membership of any User found to be using Bike Share bicycles (Classic and/or e-bike models) for commercial and/or courier purposes.  

 

The User must not ride a Bike Share Toronto bicycle while carrying a briefcase, backpack, bag, insulated bag or other item if it impedes a User’s ability to operate a Bike Share Toronto bicycle safely.

 

The User must not use any cellular telephone, text messaging device, portable music player, or other device that may distract User from safely operating a Bike Share Toronto bicycle. 

 

The User must not use any hand-held GPS, navigational apps/applications or navigational devices while the bicycle is in motion. 

 

The User must not operate a Bike Share Toronto bicycle while under the influence of any alcohol, drugs, or other substance that may impair the User’s ability to safely operate a Bike Share Toronto bicycle.

 

The User must not carry a second person on a Bike Share Toronto bicycle.

 

The User must not dock or lock any bicycle in any Station other than Bike Share Toronto bicycles.

 

The User must not use any locking mechanism, other than the locking mechanism provided by Company at the Bike Dock, to lock a Bike Share Toronto bicycle to a Bike Dock.   No Bike Share Toronto bicycle should be left unattended unless securely returned to and lock in a Bike Dock.

 

The User must not violate any applicable federal, provincial, or local law(s), including those for bicycle riders.

 

The User must not dismantle or modify a Bike Share Toronto bicycle in any way (e.g. scratching off logos/branding, adding stickers to the basket or on the bicycle, adding lights to the bicycle, etc).  This rule does not apply to the use of the seat height adjustment feature on Bike Share Toronto bicycles.

 

The User must not exceed the maximum weight limit for the Bike Share Toronto bicycle 135kg (298 pounds) or the cargo carrier 10kg (22 pounds).

 

The User must not operate a Bike Share Toronto bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a Bike Share Toronto bicycle.  The User is advised to adjust their riding behavior and braking distance to suit the weather conditions.

 

The User must not allow others to use a Bike Share Toronto bicycle that the User has removed from a Bike Dock.  User understands that when User removes from a Bike Share Toronto bicycle from a Bike Dock, it is to be used only by the User.  The User must not transfer their User’s system key, 5-digit code at the Pay Station or any other Account information to any other person.

 

Section 12.  Additional User Covenants.

 

Section 12.1 General. The User represents and warrant that they, as a user of the Bike Share Toronto system, is a competent bicycle operator, is sufficiently fit to safely operate a Bike Share Toronto bicycle, and has taken all precautions necessary to ensure that the User is capable of engaging in such physical activity.  Like any physical activity, riding a Bike Share Toronto bicycle can lead to injury or may cause discomfort and may worsen or complicate underlying medical conditions or diseases. 

 

By choosing to ride a Bike Share Toronto bicycle, the User assumes all responsibility for all such injuries or other medical conditions.

 

User agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury.  The User agrees that before using a Bike Share Toronto bicycle, the User will inspect the Bike Share Toronto bicycle to determine the following: (i) adequate tire pressure; (ii) operation of all brakes and lights; (iii) proper attachment of the seat, pedals, and basket; (iv) good condition of the frame; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need.  The User agrees not to ride the Bike Share Toronto bicycle should they notice any damage or other faults on the bicycle.  However, if the User nonetheless does ride the Bike Share Toronto bicycle after noticing such damage or other faults, the User agrees to assume all risk of injury or other medical conditions. 

  

The User agrees that Company does not provide or maintain riding paths or other locations for riding Bike Share Toronto bicycles, and that Company does not guarantee that there will always be a safe place to ride a Bike Share Toronto bicycle.  Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.

 

The User must not use a Bike Share Toronto bicycle for racing, riding off-road, stunt riding in or out of bicycle/skateboard parks or any other use, besides safe operation on public or private roads or property and designated bicycle routes.

 

The User agrees that Company is not a common carrier.  Alternative means of public and private transportation are available to the general public and to each User individually, including public bus, taxis, and pedestrian paths.  Company provides Bike Share Toronto bicycles only as a convenience, and such rental availability is intended by Company to be used only by those persons who are able and qualified to operate a Bike Share Toronto bicycle on their own and who have agreed to all terms and conditions of this Agreement.

 

The User must return the Bike Share Toronto bicycle to a Station and must insert the Bike Share Toronto bicycle into a Bike Dock, within 24 hours from the time the Bike Share Toronto bicycle was originally removed from a Bike Dock.  The User agrees that if the Bike Share Toronto bicycle is not returned to a Station and inserted into a Bike Dock within 24 hours, then the Bike Share Toronto bicycle is deemed missing or stolen, the User does hereby authorize Company to charge the User’s credit card as provided in Section 9.3.

 

User agrees that Company may require the User to return a Bike Share Toronto bicycle at any time.

 

The User agrees that access to the Service is denied to any person less than 16 years of age, whether or not accompanied by a parent or guardian.  Minors who are at least 16 years of age may use the Service, but only if the Service is subscribed for by or under the responsibility of the minor’s parent or guardian; and, the parent or guardian is fully liable for all injuries, damages, and costs caused by the minor’s use of the Service. 

 

The User must report all accidents and injuries involving a Bike Share Toronto bicycle to the local authorities and to Bike Share Toronto's Customer Service at (855) 898-2378 as soon as possible, but in no event later than 24 hours after the occurrence of the accident or injury.

 

The User agrees if the User is unable to report identifying information due to a medical emergency, Company may, at its discretion, provide personal and contact information to the authorities upon their request.

 

Section 12.2 Additional Conditions Applicable to e-bikes. The User represents and warrants that they are aware of the additional hazards associated with e-bike use and acknowledges that they use the e-bike at their own risk and liability. 

 

Without limiting the application or scope of any other terms and conditions specified herein, the following supplemental conditions apply specifically to e-bike use, which include:

 

  • All e-bike Users must wear a helmet while using an e-bike. 
  • Users acknowledge that fully charged e-bikes can travel up to 25 km/h and may travel faster under certain conditions, such as when moving downhill. Users must exercise additional caution while using an e-bike, given its higher speeds and higher weight, when compared to a Classic bicycle.
  • Users are not allowed to modify an e-bike’s motor
  • E-Bike Users are expected to follow the same rules of the road as other cyclists, and follow all appropriate traffic laws and traffic signs. 
  • E-bikes are not allowed to be ridden on controlled access highways and expressways (such as the 401, 427, Allen Road, Gardiner Expressway and Don Valley Parkway). 
  • E-bikes may not be ridden on municipal roads or trails (including sidewalks) where bicycle use is restricted. 
  • E-bikes cannot be ridden on those municipal roads, sidewalks, bike trails and/or bike lanes where e-bike use is prohibited. 
  • All e-bike Users must be at least 16 years of age. However, users between the ages of 16 and 17 may use a Bike Share Toronto e-bike only when under the supervision of the minor’s parent or guardian.  
  • Users whose driver’s license has been suspended due to a conviction under the Criminal Code of Canada are prohibited from operating an e-bike. 

 

Section 13.  Helmets.

 

Section 13.1 Recommended Use of Helmets on Classic Bicycles - Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury, or may lessen the severity of an injury, caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries.  Although some provincial and local laws do not require bicycle riders to wear helmets, the User acknowledges that Bike Share Toronto does not provide helmets to Users, but, nonetheless, recommends that all riders wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. 

 

 Bike Share Toronto does not represent or warrant the quality or safety characteristics of any helmet, and that the User agrees that Bike Share Toronto must not be held liable for any injury suffered by the User while using the Service, whether or not the User is wearing a helmet at the time of injury.

 

Section 13.2 – Mandatory Use of Helmets on E-Bikes – While on an e-bike, Users are required to wear a helmet at all times, pursuant to the laws of the Province of Ontario.

 

Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury, or may lessen the severity of an injury, caused by an impact to the head; however, bicycle helmets are not 100 percent effective, do not protect against all head injuries, and do not protect against other injuries.  Nonetheless, Bike Share Toronto requires that all riders wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions when operating an e-bike.

 

All Users who rent an e-bike acknowledge that:

  1. Wearing a compliant protective helmet is mandatory while operating a Bike Share Toronto e-bike
  2. The helmet must conform to one or more of the approval standards mentioned above (Snell, CPSC, ANSI, ASTM). Helmets that do not conform to these standards may not provide adequate protection in the event of an accident. 
  3. The helmet must be in “good working order” (be free from damage, have a hard shell, have internal padding) and have a strap that fits under the chin
  4. The helmet must be properly worn by fitting properly on the User’s head, and have a strap that is fully fastened. 

 

Section 13.3 – Use of Helmets by Minors

 

Classic Bicycle:  All users 17 years of age or younger must wear an approved bicycle helmet when using a Bike Share “Classic” Bicycle. 

 

E-Bikes:  Users must be at least 16 years of age to ride an e-bike.  Moreover, users between the ages of 16 and 17 must wear a helmet while riding on an e-bike, and may only use a Bike Share Toronto e-bike when under the supervision of the minor’s parent or guardian.  

 

Section 14.  Credit Card Matters.

 

You must input a valid credit card number and expiration date before You will be allowed to use the Service, and You do hereby represent and warrant that You are authorized to use the credit card (Company accepts only Visa, Mastercard, or American Express).  You do hereby authorize Company to charge Your credit card for all expenses incurred on Your Account, including all additional fees and repair charges.  If You dispute any charge on Your Account, then you must contact Company within 10 days of Your receipt of Your statement containing the disputed charge.  

 

Users acknowledge that their credit card statement may display temporary “hold” fees of $50.00 per transaction for up to 10 business days. 

 

Users have an on-going duty to update all changes relating to their credit card.  If a User removes another Bike Share Toronto bicycle from a Bike Dock while the previous hold is still in effect, then an additional hold will not be placed on the User’s credit card.  If the Bike Share Toronto bicycle is returned within the 24-hour maximum period of allowed use, then the hold may be released within 10 days, depending on the User’s bank’s policies regarding holds. 

 

The Company uses Moneris (“Processor”) as Our transaction payment processor.  The transmission of data to Processor and the approval of a credit card should take less than 10 seconds; however, a credit card might not allow for an overcharge/overdraft, which means that a User’s transaction request could be denied.  

 

All denials of a transaction by a User’s bank, all holds, and all other similar issues are the User’s sole responsibility and should be dealt with between the User and their bank.  Company takes reasonable steps to ensure that all data transmitted by Company is done safely and privately; however, despite those steps, Company cannot guarantee the complete security of all credit card and other data transmitted by Company or Processor.  Please review the DISCLAIMERS and LIMITED LIABILITY sections set forth below, which are applicable to User’s use of the Service, including the transmission of credit card and other data.

 

User may terminate User's use of the Service at any time, and User may cancel User's Pass at any time; provided, however, that (i) no refund will be provided by Company, (ii) the term of this Agreement continues in accordance with Section 2 of this Agreement, the hold may remain on User’s credit card account for up to 10 days, even if User terminates User's use of the Service, and (iii) User may still be charged any applicable additional fees in accordance with Section 13 of this Agreement.

 

Section 15.  Termination.

 

User may terminate User's use of the Service at any time, and User may cancel User's Pass at any time; provided, however, that (i) no refund will be provided by Company, (ii) the term of this Agreement continues in accordance with Section 2 of this Agreement, the hold may remain on User’s credit card account for up to 10 days, even if User terminates User's use of the Service, and (iii) User may still be charged any applicable additional fees in accordance with Section 13 of this Agreement.

 

Section 16.  Choice of Law; Dispute Resolution

 

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the province of Ontario, excluding principles of conflicts of laws.  For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the province of Ontario and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Toronto, province of Ontario; and the parties may submit the dispute to mediation if they mutually.  Every mediation must be completed within four months of the date when the initial notice demanding mediation was provided by any party.  If, for any reason, the dispute is not resolved through mediation within the four-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

 

Section 17.  Waiver.

 

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement.  The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

 

Section 18.  Cumulative Remedies.

 

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude resort to another or to any other right or remedy provided by law.

 

Section 19.  Final Agreement.

 

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter.  This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.  At any time and from time to time, and without User’s consent, Company may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause.   By continuing to use any Service after any amendment, modification, or change, User has agreed to be bound by all such amendments, modifications, and changes.  User must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.

 

Section 20.  Representations.

 

Each party (“Promising Party”) represents and warrants to the other party that: (i) the Promising Party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; (ii) there is no contract or other legal obligation that prevents the Promising Party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder; and (iv) this Agreement is the Promising Party’s legally binding and fully enforceable agreement.

 

Section 21.  Contract Interpretation.

 

The headings in this Agreement do not affect the interpretation of this Agreement.  “Or” is not be exclusive in its meaning.  “Including” means “including, but not limited to.”  “Herein,” “hereunder,” and other similar terms refer to this Agreement as a whole and are not limited to the specific section on paragraph where they appear.  Plural terms refer to all Users of the relevant class, and singular terms refer to one or more Users of the relevant class.  All pronouns include the masculine, feminine, and neuter pronoun forms.  All schedules and exhibits referred to herein are hereby incorporated by reference.

 

Section 22.  Notices.

 

You may contact Company by writing, calling, or emailing Company at the street address, telephone number, and email address listed below:

Shift Transit Inc.

Customer Service:  (855) 898-2378

customerservice@bikesharetoronto.com

 

Section 23.  Releases.

 

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise),  damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any Service, Bike Share Toronto bicycle, Station, Bike Dock, or related information, including User's use of any of the foregoing.  In exchange for being allowed to use any Service, Bike Share Toronto bicycle, Station, Bike Dock, or related information, User (acting for User and for all of User's agents, affiliates, representatives, successors, heirs, and assigns) does hereby (i) fully and forever release and discharge Company and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, “Company and its Related Parties”) from all Claims that User has or may have against Company and its Related Parties, except for Claims caused by Company's gross negligence or willful misconduct, and (ii) User agrees to indemnify and hold harmless Company and its Related Parties from and against all Claims, except for Claims caused by Company's gross negligence or willful misconduct.  Such releases are intended to be general and complete releases of all Claims.  Company and its Related Parties may plead such releases as a complete and sufficient defense to any Claim, as intended third beneficiaries of such releases.

 

Section 24.  DISCLAIMERS.

 

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, WHICH ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).  WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, AND WE ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING.

 

 

Section 25.  LIMITED LIABILITY.

 

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A BICYCLE  HELMET WHILE USING A BIKE SHARE TORONTO BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.  YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.  OUR TOTAL LIABILITY FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100.  SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Section 26.  Partial Invalidity.  If any provision of this Agreement, or any paragraph, sentence, clause, phrase or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.

 

Section 27.  Personal Information Notice and Collection.

In connection with your use of the Service, any personal information that the operator, Shift Transit, collects on behalf of the Toronto Parking Authority is done pursuant the City of Toronto Act, 2006, ss. 7, 8 and 143 and the City of Toronto Municipal Code, Chapter 179-7.1, and in accordance with the Municipal Freedom of Information and Protection of Privacy Act.

 

The personal information that you provide may be used to/for:

  1. maintain and provide billing for your membership.
  2. track geographic areas where members reside.
  3. track the frequency of your ridership.
  4. track the origination points, termination points, and/or routes of your rides.
  5. contact you about this program and similar programs; and 
  6. purposes consistent with the above uses. 

 

The information that you provide may be shared in response to:

  1. a request from appropriate authorities whenever an accident occurs that involves a Bike Share Toronto asset borrowed by or through a member and such authorities are unable to obtain the Member's name, address, phone number or other important information;
  2. a court subpoena, in accordance with applicable law
  3. a contractual obligation of the City of Toronto, Toronto Parking Authority and/or Shift Transit, subject to the Municipal Freedom of Information and Protection of Privacy Act, 1990, to provide Bike Share Toronto operations data in the aggregate, including origination points, termination points, routes taken, geographic areas of members provided, however, that any such disclosure always will exclude Member names and telephone numbers;
  4. any third party that has entered into an agreement with the Toronto Parking Authority to provide back-end support for the Services, including, but not limited to, the mobile website portal or the Bike Share Toronto app, data storage and processing, web hosting, and credit card processing. 

 

Should you have any questions about the collection of this information please contact:

 

Toronto Parking Authority

Attn: Customer Service

33 Queen Street East

Toronto, Ontario M5C 1R5

416-393-7275