TRYKE Terms and Conditions

These Terms and Conditions (“Terms”) forms an Agreement between TRYKE TRANSPORTATION SDN. BHD., including its related parties, (hereinafter referred to as “TRYKE”, “we” or “us”) and the User (hereinafter referred to as the "User") as regards downloading, the use of " TRYKE" software, and rental of TRYKE e-scooters provided by the agreement.

These Terms govern the access or use by you of applications, websites, products, content and services (“Services”) made available by TRYKE TRANSPORTATION SDN. BHD. including its related parties (“TRYKE”). In consideration of TRYKE renting an e-scooter to you, you agree to this Agreement. PLEASE ENSURE YOU READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.

Registration
To use a greater part of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be in good health condition for riding, to obtain an Account. Account registration requires you to submit to TRYKE certain personal information, such as your email and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or TRYKE’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by TRYKE in writing, you may only possess one.Account.
 

Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. Should you have questions about receiving text (SMS) messages from TRYKE, you may contact us. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Promotional Codes

TRYKE may, based on sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that TRYKE establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by TRYKE; (iii) may be disabled by TRYKE at any time for any reason without liability to TRYKE; (iv) may only be used pursuant to the specific terms that TRYKE establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. TRYKE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that TRYKE determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or.these.terms.

License and Restrictions

Subject to your compliance with these Terms, TRYKE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely about your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by TRYKE.

The services and all rights therein are and shall remain TRYKE’s property or the property of TRYKE’s licensors. Neither these Terms nor your use of the Service convey or grant you any rights to: (i) remove any trademark, copyright or other proprietary notices from any aspect of the Services; (ii) reproduce, amend, create derivative works based upon, distribute, lease, license, sell, resell, transfer, transmit, stream, publicly display, broadcast or otherwise exploit the Services except as expressly permitted by TRYKE; (iii) reverse engineer, disassemble or decompile the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems.

Third Party Services

The Services may be made available or accessed in line with third party services and content (including advertising) that TRYKE does not control. You acknowledge that different terms and conditions as well as privacy policies may apply to your use of such third party services and content. TRYKE does not endorse such third party services and content and in no event shall TRYKE be responsible or liable for any products or services of such third party providers. In addition, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

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TRYKE may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in line with the procedure determined by TRYKE. TRYKE retains the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the TRYKE’s website. You agree and allow TRYKE to compile and release information about you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your sole responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with via the Service and/or advertising or marketing material supplied via the Service.

User Requirements and Conduct

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You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

You shall: (i) be responsible for all losses of the TRYKE e-scooter, docking station and third party liability caused directly or indirectly by you during the rental period, (ii) seek shelter and stop using the e-scooter in the event of rain. You shall not: (i) transfer the whole TRYKE e-scooter, docking station or any part of it to any areas by means other than normal riding whether the TRYKE e-scooter is locked or not, (ii) ride the e-scooter on the road (in the event that the e-scooter is confiscated by traffic police due to violating law & regulations, you shall bear the full cost of the e-scooter, payable to TRYKE), (iii) without the prior consent of TRYKE, publish any commercial or non-commercial advertisements, (iv) infringe any other party’s lawful rights, including without limitation intellectual property rights, (v) submit, upload or publish any defamatory, libelous, hateful, pornographic, obscene, unlawful, violent, or otherwise offensive content.

Network Access and Devices

You are responsible for getting the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TRYKE does not guarantee that the Services, or any aspect thereof, will function on any particular hardware or devices. Additionally, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Maintenance
TRYKE is responsible for the daily running, maintenance and repair of the e-scooter, and docks. But it does not mean that TRYKE is under any obligation to ensure that all available e-scooters are in a trouble-free condition in real time. The rider should confirm the integrity of the components, efficiency, and familiarize with the performance of the equipment and safety devices before using an e-scooter.

If the rider finds that the e-scooter is damaged, he/she shall stop using, and notify TRYKE about the problem. If the rider disregards the broken e-scooter and continues to use it, the rider should take responsibility for the behavior.

Payment
You understand that use of the Services may lead to charges to you for the services you get (“Charges”). After you have received services gotten through your use of the Service, TRYKE will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law. All Charges are due immediately and payment will be deducted from your TRYKE wallet or debited from your payment card.

Once unlocked, you should pay for the cost of using an e-scooter. We will inform you of the price of the e-scooter before use. The balance in your wallet, can only be used to pay riding cost. It has no expiration date, and cannot be transferred or donated to others. We will inform you of each charge.

In the event of loss, damage, or confiscation of the e-scooter, you may be charged up to RM1000 per e-scooter on a case-by-case basis.

The maximum duration for usage of an e-scooter is 24 hours, and you shall return it to a parking station within this period. If you do not return your e-scooter to a parking station within 24 hours, it is deemed lost. We will investigate the matter and if wrongdoing is determined, a fine of up to RM1000 may be imposed, with lodging of a police report.

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Refunds
Refunds for any unused credits may be requested and will be approved on a case-by-case basis. This only applies for any transactions that are not older than 90 days from the time of request. You may send your request to support@tryke.co via email or contact us directly via the in-app customer support function. Please note that any refunds may be subject to a service fee that is incurred by our 3rd-party payment gateway and is outside of our control. 

 

Other Restrictions Uses

Users shall not do any of the following acts:

 

• Use any e-scooter if Users is younger than 18 years of age.

• Use any e-scooter if Users has any existing physical or mental condition that would inhibit him/her from safely operating the equipment.

• Operate an e-scooter while carrying any item that impedes User’s ability to safely operate the equipment.

• Allow any other person to use the e-scooter or allow more than one person to be carried on the e-scooter.

• Carry objects weighing in total more than 10 kg.

• Use any e-scooter that exceeds a period of 24 consecutive hours, otherwise the TRYKE equipment is deemed lost or stolen. Members’ credit or debit card will be charged the full cost of the equipment. A police report may be filed with local authorities.

• Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts User from the safe operation of the equipment.

• Use the e-scooter for racing, tricks riding, jumping, stunt riding and/or, off-road riding.

• Operate an e-scooter while under the influence of alcohol, drugs, or any other substance that impair User’s ability to safely operate the equipment.

• Violate any applicable federal, state, or local law.

• Operate or use an e-scooter in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.

• Ride or operate an e-scooter that has any defect, fails to operate as a properly functioning e-scooter or that is in need of repair.

• Continue using the e-scooter if it, or any component of it, should become defective or malfunction.

• Remove or modify any accessories, parts or components of any e-scooter.

• Ride the e-scooter without paying applicable user fees at the time they become due.

• Keep the e-scooter in possession after his/her trip has ended.

 

Service Limitations

User acknowledges and agrees that from and after the date that TRYKE makes e-scooters available to the public for rental, TRYKE may suspend all or part of its e-scooter rental program at any time, may relocate docking stations, reduce the number of e-scooters available for rent and otherwise operate its e-scooter program based on sole discretion. User further acknowledges that TRYKE may suspend the availability of e-scooters during adverse weather conditions, or may be required to suspend the rental of e-scooters by the city in which the e-scooters are located. User shall not be entitled to a refund of any fees for unused rental periods unless TRYKE’s e-scooter rental service is suspended for more than 30 days. TRYKE does not represent or warrant that e-scooters will be available for rental at any locations at any time. TRYKE may require the return of its e-scooters at any time.

Disclaimer

The services are provided on an “as is” and “as available” basis. TRYKE disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Additionally, TRYKE makes no representation, warranty, or guarantee a regards the reliability, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains exclusively with you, to the highest extent permitted under applicable law.

Limitation of Liability

TRYKE shall not be liable for indirect, exemplary, special, incidental, punitive or consequential damages, including lost profits, personal injury, lost data, or property damage related to, in line with, or otherwise resulting from any use of the services, except those resulting completely from the faults of TRYKE. TRYKE shall not be liable for any damages, liability or losses resulting from your use of or reliance on the services or your inability to access or use the services, even if TRYKE has been advised of the possibility of such damages. TRYKE shall not be liable for delay or failure in performance resulting from causes beyond TRYKE’s reasonable control. The limitations and disclaimer in this section do not purport to limit liability or change your rights as a user that cannot be excluded under applicable law.

Indemnity
You agree to indemnify and hold TRYKE and its directors, officers, employees and agents harmless from any and all claims, losses, demands, liabilities, and expenses (including attorneys’ fees) arising out of or in line with: (i) your use of the Services or services or goods gotten via your use of the Services; (ii) your breach of any of these Terms; (iii) your violation of the rights of any third party, including injurers in accidents.

General
You may not assign or transfer these Terms in whole or in part without TRYKE’s prior written approval. You give your approval to TRYKE for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of TRYKE’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and TRYKE as a result of the contract between you and TRYKE or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

TRYKE may modify this Agreement from time to time without your consent. Modifications will be effective upon TRYKE’s posting of such updated Terms at this location or the modified policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as modified.