Legal

TERMS OF USE

This Agreement is a contract between you and BikeShack and applies to your use of BikeShack services (the "Services") and purchase of BikeShack products (the “Goods”). Where you are undertaking a transaction which involves TheBikeShack Pte Ltd, the terms below shall apply. In such an instance, references to “BikeShack” shall be synonymous with TheBikeShack Pte Ltd.

Please read this Agreement carefully and make sure that you understand it fully before using our Services or purchasing our Goods. By engaging our Services and/or purchasing Goods from us, you are certifying to us that you have read, agree with and accept all of the terms and conditions contained in this Agreement. This Agreement is provided to you and concluded in English. You agree that any use by you of the Services (or purchase of any Goods) shall constitute your acceptance of this Agreement and we recommend that you store or print-off a copy of this Agreement for your records. Please be reminded that in transacting with BikeShack, either by way of engaging BikeShack Services and/or purchasing Goods from BikeShack, it is indicative of your acceptance to this Agreement.

Our Relationship

BikeShack is registered under its legal name Thebikeshack Private Limited as a commercial business in Singapore and identified by its UEN 202114473R and operating at #05-04A IMM Building, 2 Jurong East Street 21, Singapore 609601.

The main business for BikeShack is as a social enterprise, an entity formed as a business to solve certain societal need through its commercial activities. It applies traditional and commercial strategies but seeks simultaneously to address social issues. It seeks to bring about improvement in human and environmental well-being, rather than solely making profit for its shareholders.

In order to facilitate certain services, you authorize BikeShack to disclose your personal information (including but not limited to ID documentation) to third parties for the purpose of verifying eligibility, where applicable. You further authorize BikeShack to disclose your personal information as needed in investigations of fraud or other illegal activity where we believe it is reasonable and appropriate to do so.

To be eligible for some of our Goods and/or Services, you may need to meet certain criteria that is determined by BikeShack, at its sole discretion. You represent and warrant that any and all information that you disclose to us shall be true and accurate. You further agree that any inaccurate information shall immediately forfeit you of said Goods and/or Services offered by BikeShack.

Before being offered certain Goods and/or Services, we may have to perform verification, either ourselves or with certain third parties that has information about you. Examples of such are, but not limited to:

• verification of social services received from an institute of public character; and/or
• verification of your family’s financial circumstances; or
• physical verification and/or photographic evidence of your identity and certification of you as the legal owner of a Used Bike that is donated to us or offered for sale (Requires sighting of ID document).

BikeShack reserves the right to access various government and non-government institutions to verify your information.

BikeShack reserves the right to refuse any transaction at its discretion if incomplete or inaccurate information is provided.

BikeShack reserves the right to refuse to proceed on any transaction without advance notice or giving any reasons, if you do not provide information requested by BikeShack to complete its verification requirements.

1. You may appoint BikeShack exclusively as your Agent for the sale of your used bicycle(s) (hereinafter “Used Bike”) by first certifying you are the legal owner
2. You authorize BikeShack to execute the sale by completing the BikeShack Sales Representation form.
3. The Used Bike may be placed on BikeShack premises on a consignment basis, at rates set by BikeShack from time to time, for prospective buyers to view, test and purchase the Used Bike(“Marketplace”).
4. You indemnify BikeShack of any injury, losses, damages, liabilities and costs incurred whilst the Used Bike is in the Marketplace
5. Upon the successful conclusion of a sale, you agree for BikeShack to pay you the sales proceeds only after first deducting any commissions, fees and charges due to BikeShack.
6. If you purchase a Used Bike from BikeShack Marketplace, you understand and agree that BikeShack has completed due diligence to ensure the Used Bike is being sold by the legal owner or duly authorized party of the Used Bike.
7. You have examined the Used Bike and is satisfied with its condition. You understand and agree that the Used Bike is purchased by you on an ‘as is’ basis.
8. You indemnify BikeShack from any losses, damage, liabilities and costs in the event that the bike becomes faulty or damaged after purchase and/or in the event that ownership of the Used Bike becomes disputed.
9. BikeShack may at its sole and absolute discretion reject or terminate this Service for any reason whatsoever, without limitation, without advance notice and without giving a reason.

1. Application
   • You will be given access to benefits such as training courses, access to events, facilities and the workshop, or any privileges announced and offered by BikeShack (“Membership Privileges”) when you join BikeShack as a Member (“Membership”).
   • You are required to complete and submit the BikeShack Membership Application form. Upon approval, you will be notified by BikeShack of commencement and expiry date of your Membership.
   • Unless otherwise communicated, you understand and agree that your Membership is automatically renewed upon expiry unless it is terminated in writing by either party.
2. Fees & Charges
   • You understand and agree that there are joining fees, subscription fees and/or other charges that may be applicable during the period and in connection with your Membership.
   • You understand that the Membership fees and charges are payable by you in advance, on a regular basis, either monthly or annually, and non-refundable.
   • You understand and agree that non-usage of the benefits is not a valid basis for a refund.
3. Benefits

• Where benefits are offered to members on a limited capacity basis, such benefits are available on a ‘first come first served’ basis
• You understand and agree that some benefits may attract costs separate from the subscription and fees charged for Membership (such as, but not limited to meals while on Cycling Tours and outings, snacks and/or refreshments sold by BikeShack, etc).
• You understand and agree where such benefits avail you of BikeShack assets, that you are required to take good care of such assets (such as tools, workbench, pump, etc). Should any of such assets become lost, stolen or damaged while in your care or while you are using it, you are liable to replace or to pay for the damages, losses or any costs incurred by BikeShack.

• Either party may terminate the Membership by giving 30 days advance notice.
• Upon termination of the Membership, any membership fees or charges already paid, shall be refunded on a pro-rata basis, 30 days from date of termination.

3c. Participate in BikeShack ‘Free Bike for Underprivileged’ Private Sponsorship program:

1. “Beneficiary” shall mean the recipient of the Used Bike
2. You may purchase a Used Bike from us, for the purposes of gifting it to an individual on the list BikeShack receives from charities, religious institutions, schools, social workers or other related third parties. (“Private Sponsor”)
3. You understand that BikeShack works with third parties, in good faith, to verify the financial circumstances of the beneficiaries and has no direct access to such information nor is BikeShack able to directly verify the accuracy of given information. You absolve BikeShack of any wrongdoing should such information provided to BikeShack prove to be false or inaccurate.
4. You may appoint BikeShack to present the Used Bike on your behalf.
5. Should you prefer to present the Used Bike personally or be present during the presentation, you will need to first complete and submit BikeShack’s Media Consent and Release Form and be bound by the terms of BikeShack’s privacy policy.
6. BikeShack will make every effort to arrange the bike presentation venue and timing to suit your schedule. However, you understand and agree that the Beneficiary's circumstances, needs and availability will take precedence over yours.
7. You understand and agree that BikeShack shall endeavor to keep your Sponsorship private and confidential, by default. Should you agree for information about you to be disclosed to the Beneficiary and/or third parties and/or publicly, you will need to complete and submit BikeShack’s Media Consent and Release Form.
8. You understand and agree that circumstances of the beneficiary may be deemed sensitive and result in strict confidentiality. This may result in BikeShack not being able to divulge information to you about the Beneficiary that you may like to have.
9. You understand and agree that use and publishing of BikeShack and/or beneficiary(ies) identity, information or pictures is not allowed unless express written permission is granted to you.
10. You understand and agree that once BikeShack has commenced to repair, refurbish, service or present a Used Bike for purposes of gifting, that costs have been incurred. Should you decide not to proceed with the sponsorship, BikeShack may not be able to refund you the full amount of the sponsorship paid by you.
11. You are aware and understand that BikeShack is not a registered charity but a commercial social enterprise.

3d. Participate in BikeShack ‘Free Bike for Underprivileged’ Corporate Sponsorship program:

1. To be a Corporate Sponsor, you will need to have a written agreement with BikeShack and be subject to the terms therein, as agreed by both parties.
2. Where such terms are different from the terms set out in this agreement, the terms of the Corporate Sponsorship Program shall take precedence.
3. Where terms are found in this agreement but omitted from the Corporate Sponsorship Program, such terms in this agreement remain in force, where applicable.

1. You may request for a free Used Bike from BikeShack subject to the terms herein.
2. You understand and agree that BikeShack shall endeavor to keep your identity and information private and confidential, by default. Should you agree for information about you to be disclosed to Sponsors, potential Sponsors and/or publicly, you will need to complete and submit BikeShack’s Media Consent and Release Form.
3. You understand and agree

• that BikeShack requires verification from third parties to ensure the accuracy of your financial situation and/or circumstances and hereby authorizes BikeShack to disclose your identity and information about you to such third party(ies); and/or
• you will authorize such third party(ies) to disclose your personal information and to describe your financial circumstances to BikeShack;
• you certify that any and all such information you give to such third party(ies) and/or BikeShack is true and accurate; and/or
• you are/will be liable for any costs, damages, losses and liabilities incurred by BikeShack which results from you giving false and inaccurate information.

We reserve the right at our sole discretion to refuse a transaction (including but not limited to: restricting the creation of a new transaction as well as cancelling a transaction already in process). For transactions refused by us, we will notify you as promptly as we reasonably can, provide a reason where it is possible to, and arrange for a refund, where applicable.

You may cancel a transaction any time before payment. You will not be able to cancel a transaction once it has been actioned by us. BikeShack reserves the right to allow/ disallow cancellations of a transaction.

• You are responsible for ensuring that information you provide are accurate. Once instructions have been executed by BikeShack, transactions cannot be reversed and BikeShack will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.
• You agree not to use the Services for any unlawful activity and BikeShack reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, BikeShack reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.

7. General Terms

• You acknowledge and agree that BikeShack may work with other third parties in order to deliver you the Goods and Services.
• From time to time, we may be required to provide certain information to you in writing. You hereby agree that we can communicate with you electronically either by email or by posting notices on the BikeShack website.
• If we are unable to perform our obligations under this Agreement because of factors beyond our control, including a change of law, an event of Force Majeure, recall of a product, we will notify you as soon as is reasonably practicable and will use reasonable endeavors return any money paid by you in respect of which we have been unable to discharge our obligations under this Agreement. We will not have any liability to you where we are unable to perform our obligations.
• You agree to use the BikeShack website at your own risk.
• BikeShack uses reasonable skill and care in providing its Goods and Services to you. However (to the maximum extent permitted by law) BikeShack is not liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by you from your use of, or your inability to use the Goods or Services offered through or by the Website however caused notwithstanding any error or omission including negligence.
• BikeShack shall not be liable to you or any third party for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by you resulting from the failure or delay of BikeShack to execute any Service in accordance with the instructions from you.
• You agree that BikeShack will not be responsible in any way to you or any other person in the event of force majeure or for the act of any Government or legal authority.
• You hereby indemnify and hold blameless BikeShack, its directors, officers, employees and agents from and in respect of any loss, damage, liability, cost or expense that it may suffer or incur by reason of you failing to discharge your obligations under or acting in breach of any of the terms in this agreement or any breach of any applicable law or regulation
• You agree that BikeShack will not be liable in any way to you in the event of failure of or damage or destruction to your computer system, data or records or any part thereof or for any delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. You will not expose our website to any viruses, trojans or other similarly harmful or inappropriate material or device. In the event that any such viruses etc. are deemed to have been transmitted to our website from your account BikeShack reserves the right to terminate your Membership and you shall be liable for the cost to BikeShack of removing such viruses.

This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us. We reserve the right to amend these Terms of Use from time to time without notice by amending this page. The amended Terms of Use will be effective from the date they are posted on our website. As these Terms of Use may be amended from time to time, you should check them whenever you visit our website. Your continued use of our services will constitute your acceptance of the amended Terms of Use. When making material amendments, in addition to posting these terms on the website, we will send via email, a link to the latest version of the terms.

• The provision of the Service and any dispute or claim arising out of the provision of the Service is governed by Singapore law.
• Any dispute or claim arising out of or in connection with the Service will be subject to the exclusive jurisdiction of the courts of Singapore.

Definitions

"Agreement" means this agreement including all subsequent amendments.

"Days" means calendar days.

"Force Majeure" means events or causes including, but not limited to, the following: an act of God, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation or any damage of BikeShack’s machinery or systems, unless occurring as a result of an act, omission, default or negligence of you or BikeShack.

"BikeShack", , "we", "us" or "our" means TheBikeShack Private Limited. with registered office at #05-04A IMM Building, 2 Jurong East Street 21, Singapore 609601 and includes its successors and any person to whom it has assigned it rights under this Agreement.

"BikeShack website(s)" means any URL, such as thebikeshack.org, owned and operated by BikeShack that we use to provide the Services to you.

"Policy" or "Policies" means any Policy or other agreement between you and BikeShack that you entered into with BikeShack, or in connection with your use of the Services.

"Services" means all services and related products available through the BikeShack website(s) or at its premises.

"User," "you" or "your" means you and any other person or entity entering into this Agreement with us or using the Service.