Please read and when enrolling, click to indicate that you accept, on behalf of the organization (“Organization”) that you represent, the Terms and Conditions (“Terms”) of the Mobi by Shaw Go Corporate & Community Membership Program (“Program”).
These Terms are applicable to the Program, which is offered by Vancouver Bike Share Inc. (“Bike Share”), the operator of Mobi by Shaw Go. The Program enables corporate and community organizations to subsidize and/or offer discounted individual Mobi by Shaw Go memberships for their respective employees, volunteers, and other relevant constituents (“Associates”). The Organization desires to enroll in the Program and accepts the Terms.
1. Program Enrollment
The Program offers different payment options (each, an “Option”) to organizations and flexibility in the level of subsidy provided to Associates (if any). In order to enroll in the Program, the Organization must first provide Bike Share with all of the information requested in the required fields on the corporate and community account enrollment form including the Option subscribed for. In order to be eligible for enrollment, the Organization must have at least five (5) employees.
If Bike Share, in its sole discretion, approves an Organization’s enrollment form, Bike Share will issue an invoice for the enrollment fee (“Enrollment Fee”) of $150. The Organization will be enrolled in the Program once the initial Enrollment Fee is fully paid, at which point: (a) if the Organization chooses Option 1, to self-administer, the Organization will be provided with a full year Plus membership; or (b) if the Organization chooses Option 2, a subsidy administered by Bike Share, the Enrollment Fee will be refunded to the Organization in the form of a credit on the Organization’s first monthly invoice. Upon enrollment, Bike Share will create Organization’s Program account (“Account”) based on the Option subscribed for by the Organization, and assign and email to the Organization a unique promotion code (“Promotion Code”), together with instructions for participation in the Program by the Organization and its Associates.
2. Self-Administered – Option 1
If the Organization has subscribed for Option 1, the Organization may, at its sole discretion, offer a subsidy directly to its Associates (or not at all). This will be administered entirely by the Organization, and no intervention from Bike Share is required. The Promotion Code will reflect the current Program discounted membership rates.
3. Bike Share-Administered Annual Subsidy – Option 2
If the Organization has subscribed for Option 2, the Organization will pay an annual subsidy (each, an “Annual Subsidy”) that is pre-determined by the Organization for each Associate’s individual Mobi by Shaw Go new membership sign-up or renewal. For example, an Organization can provide a $25 Annual Subsidy, in which case, if 10 Associates either renew a current membership or sign up for new individual Mobi by Shaw Go memberships, the Organization shall pay Bike Share $250, plus applicable taxes. Each Associate will be responsible for and charged for the difference, if any, between the Annual Subsidy rate and the then current discounted annual membership cost as posted on Bike Share’s website for the Program, plus applicable taxes. The Promotion Code will reflect the current Program discounted membership rates minus the Annual Subsidy.
As further described in Section 5, Bike Share will invoice Organization monthly for the Annual Subsidy amounts owed under its enrollment in the Program pursuant to this Section 3.
4. Program Maintenance
a. Monthly Account Notice. Bike Share will send to the Organization a monthly notice (each, a “Notice”) indicating the number of Associates who have applied for Mobi by Shaw Go memberships or renewals under the Account and detailing each Associate’s name and email address.
b. Confirmation of Eligibility. Organizations subscribing for Option 2 shall have seven (7) business days from receipt of each Notice (“Removal Request Period”) to notify Bike Share of any listed Associate’s (“Ineligible Associate”) ineligibility to participate in the Program under the Organization's Account (“Removal Request”). If Bike Share receives a Removal Request within the Removal Request Period: (i) it will not include any Annual Subsidies for Ineligible Associates in amounts owing to Bike Share; and (ii) it may cancel, at its sole discretion, any memberships issued to Ineligible Associates. Annual Subsidies for Associates for whom no such Removal Request is received within the Removal Request Period will be invoiced to the Organization; the corresponding memberships will remain active for the entire membership period regardless of a subsequent change in Associate’s relationship with the Organization, due to termination by the Organization or otherwise. Subject to Section 4b(ii), once an Associate’s membership has been activated, it will not be canceled, transferred or refunded by Bike Share.
c. Usage/Overage and Other Fees. All usage or overage fees, lost or stolen bicycle fees, damage costs and other fees will be charged directly to each individual Associate under the terms of his or her individual membership.
d. Updating Corporate Account Details. The Organization must promptly notify Bike Share of any change in the Organization’s information by sending all updated information to grouprates@mobibikes.ca.
5. Invoicing and Payment
If the Organization has subscribed for Option 1, Bike Share will generate an Account invoice for the Enrollment Fee.
If the Organization has subscribed for Option 2, Bike Share will generate a monthly Account invoice. Subject to Section 4b, monthly invoices will include all Annual Subsidies plus taxes incurred on the Organization’s Account during the preceding calendar month.
Invoices will be delivered via email to the Organization’s primary and secondary contact people. The Organization agrees to pay Bike Share immediately upon receipt of any invoice by credit card via the link provided in the email or by cheque mailed directly to the following address:
Vancouver Bike Share Inc.
Attn: Corporate Memberships
1383 Venables Street
Vancouver, BC, V5L 2G1
If any invoice is not paid in full within thirty (30) days after the date of the invoice, then Bike Share may in its sole discretion, until all invoices have been fully paid, (a) place a hold on the Account and deny any and all subsequent renewals or new membership sign-ups under the Account; and (b) cancel the individual memberships of Associates listed on any unpaid invoice.
The Organization will be responsible for all taxes payable on amounts owing to Bike Share, including with respect to Enrollment Fees and Annual Subsidies.
6. Promotion
The Organization agrees to distribute information about Mobi by Shaw Go and the Program to its Associates via internal communication channels such as, but not limited to, new hire paperwork, the Organization’s internal website, and/or email as agreed upon by Bike Share and the Organization.
Bike Share hereby grants the Organization a limited, revocable, non-exclusive, non-sublicensable licence to use the Mobi by Shaw Go name and logo (hereinafter “Mobi by Shaw Go Marks”) for the duration of this Agreement for the limited purposes of promoting the Program to Associates.
7. No Chargebacks to Associates
Organization agrees that it will not charge or otherwise require payment from Associates at any time for any amounts paid by Organization pursuant to this Agreement. If Organization violates this Section 7, Bike Share may in its sole discretion terminate this Agreement immediately and without notice to Organization.
8. Termination; Closing the Account
The Organization may terminate this Agreement and close its Account by sending an email from the Organization’s primary contact person or secondary contact person to Bike Share requesting that the Account be closed. Upon receiving such email, Bike Share will close the Account and deny any and all subsequent renewals or new membership sign-ups under the Account. All unpaid amounts owed to Bike Share under the Account must be paid in full by the Organization immediately upon Organization’s receipt of its final invoice. Bike Share will not cancel Mobi by Shaw Go memberships activated under the Account except as such right is otherwise reserved in such separate agreements as are required for individual membership as further described in Section 11. Associates wishing to renew Mobi by Shaw Go memberships after the closing of the Account must do so using the regular public renewal process. In addition to its termination rights under Section 7, Bike Share may terminate this Agreement at any time in Bike Share’s sole discretion upon 30 days’ emailed notice to Organization’s primary contact person.
9. Organization Representations
The individual accepting this Agreement on behalf of the Organization represents and warrants that such individual has the full and complete permission and authority of the Organization to do so, and has the full right and authority to commit and fully bind the Organization, its heirs, devisees, executors, administrators, successors and assigns according to the provisions hereof. The Organization represents and warrants to Bike Share that the Organization has all requisite authority to execute, deliver and perform this Agreement, including all obligations hereunder.
10. Indemnification
The Organization hereby agrees to indemnify, hold harmless and defend Bike Share, and its affiliates, officers and directors, against any loss or claim arising out of any actual or alleged breach by the Organization of this Agreement.
11. Miscellaneous
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter and supersedes all other agreements relating hereto. Bike Share reserves the right to alter, amend, or eliminate any feature of this Program or provision of this Agreement, including but not limited to establishment, removal or revision of charges for any or all services obtained through the Program, in its sole discretion at any time. Any such changes shall be effective immediately for new organizations, or for current corporate members 30 days after email notice to the Organization’s primary contact person. Organization’s continued access or use of the Program after such notice constitutes Organization’s consent to be bound by the terms, as amended. The alteration or termination of this Agreement does not terminate any obligation that existed prior to such alteration or termination, or any obligation that continues past the alteration or termination. This Agreement and any amendments hereto are binding upon and inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, successors and assigns. This Agreement is governed by and must be construed and enforced in accordance with, the laws of the Province of British Columbia, excluding principles of conflict of law. This Agreement shall be deemed to have been drafted jointly by the parties and must be construed in accordance with the fair meaning hereof. The headings in this Agreement do not affect the interpretation of this Agreement. Nothing in this Agreement shall be construed to replace or revise in any way the terms and conditions to which every individual member is subject pursuant to the agreements required for individual membership, as set forth in the membership sign-up and renewal forms/processes on Bike Share’s website. Each Associate who signs up for a new membership or renews a membership pursuant to this Agreement is subject to the terms and conditions of all such agreements required for individual membership. Plural terms refer to all members of the relevant class, and singular terms refer to any one or more members of the relevant class. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Time is of the essence with respect to the full performance by each party of each of its duties and obligations arising under this Agreement.
These Terms are applicable to the Program, which is offered by Vancouver Bike Share Inc. (“Bike Share”), the operator of Mobi by Shaw Go. The Program enables corporate and community organizations to subsidize and/or offer discounted individual Mobi by Shaw Go memberships for their respective employees, volunteers, and other relevant constituents (“Associates”). The Organization desires to enroll in the Program and accepts the Terms.
1. Program Enrollment
The Program offers different payment options (each, an “Option”) to organizations and flexibility in the level of subsidy provided to Associates (if any). In order to enroll in the Program, the Organization must first provide Bike Share with all of the information requested in the required fields on the corporate and community account enrollment form including the Option subscribed for. In order to be eligible for enrollment, the Organization must have at least five (5) employees.
If Bike Share, in its sole discretion, approves an Organization’s enrollment form, Bike Share will issue an invoice for the enrollment fee (“Enrollment Fee”) of $150. The Organization will be enrolled in the Program once the initial Enrollment Fee is fully paid, at which point: (a) if the Organization chooses Option 1, to self-administer, the Organization will be provided with a full year Plus membership; or (b) if the Organization chooses Option 2, a subsidy administered by Bike Share, the Enrollment Fee will be refunded to the Organization in the form of a credit on the Organization’s first monthly invoice. Upon enrollment, Bike Share will create Organization’s Program account (“Account”) based on the Option subscribed for by the Organization, and assign and email to the Organization a unique promotion code (“Promotion Code”), together with instructions for participation in the Program by the Organization and its Associates.
2. Self-Administered – Option 1
If the Organization has subscribed for Option 1, the Organization may, at its sole discretion, offer a subsidy directly to its Associates (or not at all). This will be administered entirely by the Organization, and no intervention from Bike Share is required. The Promotion Code will reflect the current Program discounted membership rates.
3. Bike Share-Administered Annual Subsidy – Option 2
If the Organization has subscribed for Option 2, the Organization will pay an annual subsidy (each, an “Annual Subsidy”) that is pre-determined by the Organization for each Associate’s individual Mobi by Shaw Go new membership sign-up or renewal. For example, an Organization can provide a $25 Annual Subsidy, in which case, if 10 Associates either renew a current membership or sign up for new individual Mobi by Shaw Go memberships, the Organization shall pay Bike Share $250, plus applicable taxes. Each Associate will be responsible for and charged for the difference, if any, between the Annual Subsidy rate and the then current discounted annual membership cost as posted on Bike Share’s website for the Program, plus applicable taxes. The Promotion Code will reflect the current Program discounted membership rates minus the Annual Subsidy.
As further described in Section 5, Bike Share will invoice Organization monthly for the Annual Subsidy amounts owed under its enrollment in the Program pursuant to this Section 3.
4. Program Maintenance
a. Monthly Account Notice. Bike Share will send to the Organization a monthly notice (each, a “Notice”) indicating the number of Associates who have applied for Mobi by Shaw Go memberships or renewals under the Account and detailing each Associate’s name and email address.
b. Confirmation of Eligibility. Organizations subscribing for Option 2 shall have seven (7) business days from receipt of each Notice (“Removal Request Period”) to notify Bike Share of any listed Associate’s (“Ineligible Associate”) ineligibility to participate in the Program under the Organization's Account (“Removal Request”). If Bike Share receives a Removal Request within the Removal Request Period: (i) it will not include any Annual Subsidies for Ineligible Associates in amounts owing to Bike Share; and (ii) it may cancel, at its sole discretion, any memberships issued to Ineligible Associates. Annual Subsidies for Associates for whom no such Removal Request is received within the Removal Request Period will be invoiced to the Organization; the corresponding memberships will remain active for the entire membership period regardless of a subsequent change in Associate’s relationship with the Organization, due to termination by the Organization or otherwise. Subject to Section 4b(ii), once an Associate’s membership has been activated, it will not be canceled, transferred or refunded by Bike Share.
c. Usage/Overage and Other Fees. All usage or overage fees, lost or stolen bicycle fees, damage costs and other fees will be charged directly to each individual Associate under the terms of his or her individual membership.
d. Updating Corporate Account Details. The Organization must promptly notify Bike Share of any change in the Organization’s information by sending all updated information to grouprates@mobibikes.ca.
5. Invoicing and Payment
If the Organization has subscribed for Option 1, Bike Share will generate an Account invoice for the Enrollment Fee.
If the Organization has subscribed for Option 2, Bike Share will generate a monthly Account invoice. Subject to Section 4b, monthly invoices will include all Annual Subsidies plus taxes incurred on the Organization’s Account during the preceding calendar month.
Invoices will be delivered via email to the Organization’s primary and secondary contact people. The Organization agrees to pay Bike Share immediately upon receipt of any invoice by credit card via the link provided in the email or by cheque mailed directly to the following address:
Vancouver Bike Share Inc.
Attn: Corporate Memberships
1383 Venables Street
Vancouver, BC, V5L 2G1
If any invoice is not paid in full within thirty (30) days after the date of the invoice, then Bike Share may in its sole discretion, until all invoices have been fully paid, (a) place a hold on the Account and deny any and all subsequent renewals or new membership sign-ups under the Account; and (b) cancel the individual memberships of Associates listed on any unpaid invoice.
The Organization will be responsible for all taxes payable on amounts owing to Bike Share, including with respect to Enrollment Fees and Annual Subsidies.
6. Promotion
The Organization agrees to distribute information about Mobi by Shaw Go and the Program to its Associates via internal communication channels such as, but not limited to, new hire paperwork, the Organization’s internal website, and/or email as agreed upon by Bike Share and the Organization.
Bike Share hereby grants the Organization a limited, revocable, non-exclusive, non-sublicensable licence to use the Mobi by Shaw Go name and logo (hereinafter “Mobi by Shaw Go Marks”) for the duration of this Agreement for the limited purposes of promoting the Program to Associates.
7. No Chargebacks to Associates
Organization agrees that it will not charge or otherwise require payment from Associates at any time for any amounts paid by Organization pursuant to this Agreement. If Organization violates this Section 7, Bike Share may in its sole discretion terminate this Agreement immediately and without notice to Organization.
8. Termination; Closing the Account
The Organization may terminate this Agreement and close its Account by sending an email from the Organization’s primary contact person or secondary contact person to Bike Share requesting that the Account be closed. Upon receiving such email, Bike Share will close the Account and deny any and all subsequent renewals or new membership sign-ups under the Account. All unpaid amounts owed to Bike Share under the Account must be paid in full by the Organization immediately upon Organization’s receipt of its final invoice. Bike Share will not cancel Mobi by Shaw Go memberships activated under the Account except as such right is otherwise reserved in such separate agreements as are required for individual membership as further described in Section 11. Associates wishing to renew Mobi by Shaw Go memberships after the closing of the Account must do so using the regular public renewal process. In addition to its termination rights under Section 7, Bike Share may terminate this Agreement at any time in Bike Share’s sole discretion upon 30 days’ emailed notice to Organization’s primary contact person.
9. Organization Representations
The individual accepting this Agreement on behalf of the Organization represents and warrants that such individual has the full and complete permission and authority of the Organization to do so, and has the full right and authority to commit and fully bind the Organization, its heirs, devisees, executors, administrators, successors and assigns according to the provisions hereof. The Organization represents and warrants to Bike Share that the Organization has all requisite authority to execute, deliver and perform this Agreement, including all obligations hereunder.
10. Indemnification
The Organization hereby agrees to indemnify, hold harmless and defend Bike Share, and its affiliates, officers and directors, against any loss or claim arising out of any actual or alleged breach by the Organization of this Agreement.
11. Miscellaneous
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter and supersedes all other agreements relating hereto. Bike Share reserves the right to alter, amend, or eliminate any feature of this Program or provision of this Agreement, including but not limited to establishment, removal or revision of charges for any or all services obtained through the Program, in its sole discretion at any time. Any such changes shall be effective immediately for new organizations, or for current corporate members 30 days after email notice to the Organization’s primary contact person. Organization’s continued access or use of the Program after such notice constitutes Organization’s consent to be bound by the terms, as amended. The alteration or termination of this Agreement does not terminate any obligation that existed prior to such alteration or termination, or any obligation that continues past the alteration or termination. This Agreement and any amendments hereto are binding upon and inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, successors and assigns. This Agreement is governed by and must be construed and enforced in accordance with, the laws of the Province of British Columbia, excluding principles of conflict of law. This Agreement shall be deemed to have been drafted jointly by the parties and must be construed in accordance with the fair meaning hereof. The headings in this Agreement do not affect the interpretation of this Agreement. Nothing in this Agreement shall be construed to replace or revise in any way the terms and conditions to which every individual member is subject pursuant to the agreements required for individual membership, as set forth in the membership sign-up and renewal forms/processes on Bike Share’s website. Each Associate who signs up for a new membership or renews a membership pursuant to this Agreement is subject to the terms and conditions of all such agreements required for individual membership. Plural terms refer to all members of the relevant class, and singular terms refer to any one or more members of the relevant class. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Time is of the essence with respect to the full performance by each party of each of its duties and obligations arising under this Agreement.