GENERAL TERMS AND CONDITIONS OF SERVICE For
PBS
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose) The purpose of the General
Terms and Conditions is to define the requirements, procedure
and other necessary matters on service for the Public Bike System
(hereinafter referred to as the “PBS”) that of provided by Changwon
City.
Article 2 (Notice of General Terms and Conditions)
Contents of the General Terms and Conditions shall be posted
through the “General Terms and Conditions of Service” column
at the time of subscribing for the membership, and in the event
that any provision of the General Terms and Conditions is modified
or amended, Changwon City shall immediately notify the same
through the “Notification” on its homepage.
Article 3 (Regulations Other Than General Terms and
Conditions) Any matter not specified on the General
Terms and Conditions shall follow if defined under the pertinent
laws and regulations, and if not, it shall follow the general
commercial practice.
Article 4 (Definitions of Terminologies) The
definitions of the terminologies used under the General Terms
and Conditions are shown as follows.
1. Member: Any person subscribes for the PBS
membership and acquires the authority to use the PBS service
of
Changwon City with the agreement to the subject General Terms
and Conditions;
2. Membership card: The Myb transport card
with the authority for service for the PBS service or newly
issued bicycle love card of Changwon City
3. Password: A combination of English and Arabian
numbers set by the member to protect the secret of the membership
card;
4. Public bicycle: A bicycle that can be placed
on the terminal and available to use by the membership card
of a member
5. Terminal: A place where the PBS can be returned
or leased automatically
6. Storage rack: A bicycle parking site with
the auto locks placed in the terminal for storage and locking
of the PBS
7. Use of Service: A series of action to use
the membership card by a member to obtain the approval for renting
a PBS at the terminal and return the applicable bicycle after
the use
8. Internet Service: Service that provides
information on service information, search for terminal status
and others provided in connection with the computer network
nationwide
9. Free Service Hour: Free rental time for
once of designated rental in Changwon City
10. Membership Subscription Charge: Certification
membership fees for service use for each period set forth by
Changwon City at the time of subscription for membership;
11. Use of Service: Fees for the PBS rental
designated by Changwon City
CHAPTER II REQUIREMENTS OF COMPLIANCE FOR MEMBERSHIP
Article 5 (Application for Membership) ①
The PBS is available for anyone who is 15 years of
age or older who can ride the bicycle for membership.
② In the event of wishing to subscribe for
the PBS membership, the holder of the MyB transport card shall
visit the City Hall or Dong Resident Center and any person wishes
to have the bicycle love card shall visit Gyeongnam Bank within
Changwon City to prepare the application for membership subscription.
③ When preparing for the application of the
membership subscription, the following information has to be
provided.
1. Name of member
2. Home address of member (mailing number included)
3. Home TEL number of member
4. Mobile phone number of member
5. Resident registration number of member (resident
registration number for someone else whose number is used for
mobile phone)
6. E-mail address of member
7. ID for member’s homepage
④ In the event of persons of 15 years of age
or older but less than 18 years of age, the membership subscription
will be given after completing the procedure for membership
subscription consent for the PBS by the legal representative.
Article 6 (Reserve and Refusal of Consent for Membership)
① In the event of the followings, Changwon City may
reserve the content of the application for membership.
1. In the event that there is a technical difficulty
for the PBS service;
2. In the event that it is recognized as needed
by Changwon City for the efficient operation of PBS and others;
② Changwon City may refuse to approve the applicable
membership application for the followings.
1. When the membership application is made
by using someone else’s name;
2. When the information on membership application
is falsely provided;
3. When the service application is made for
the purpose of interfering with the well-being, order or community
customs and vision of the community;
4. Under-aged person of 15 years of age to
18 years of age without the consent of legal representative;
or
5. In the event that the applicant of the membership
is under-aged with less than 15 years of age.
Article 7 (Modification of Information of Members)
In the event that a member intends to modify the followings,
it shall connect to the Internet service to modify the followings.
1. Home TEL number or home phone number of
member
2. Home address of member
3. E-mail address of member
4. Password of member
CHAPTER III USE OF SERVICE
Article 8 (Service Hours) ①
The use of service time shall be all year around for 24 hours
a day (00:00 – 24:00) unless there is any special technical
problem of Changwon City. However, the service is limited for
any day or time set forth by Changwon City for the regular inspection
and other needs.
② The free service hour for each time will
be 60 minutes and return within 60 minutes in principle for
the PBS rental. The exceeded rental hour may be imposed with
the service charge set forth by Changwon City.
③ The maximum rental time for each time of
the PBS rental shall be 120 minutes, and when exceeding 120
minutes, the PBS recovery activities with contact for return
and GPS location tracing are undertaken.
Article 9 (Service Charges) ① Fees for the
PBS membership subscription and service charge shall be collected
by Changwon City for the fees set forth thereof.
② The service charge for the rental time in
excess of the free service hour shall be collected through the
request for small amount with the mobile phone inputted at the
time of registering for membership.
③ All repairing costs generated from the damage
to the PBS facilities due to the intentional or negligent action
of the member may be imposed upon the member. The repairing
cost shall follow the general unit price.
④ Entire costs of facility replacement generated
from the PBS loss, damage or unable to repair due to the intentional
or negligent action of a member may be imposed to the member.
The replacement cost shall follow the price set forth by Changwon
City.
⑤ Any cost imposed to a member by applicable
to the above Paragraphs 3 and 4 shall be collected through the
payment means for the membership subscription charges paid at
the time of membership subscription and it may be imposed with
the powerful sanctions for asset garnishment and administrative
litigation and others when failed to pay.
⑥ From the PBS service, the penalty and charge
arising from the breach shall be paid by the member.
Article 10 (Membership Card and Others) ①
The responsibility of all management matters with respect to
the membership card and password shall be on the member.
② Except the cases with the clear cause, the
member shall not share, transfer or modify the membership card.
③ All responsibilities on negligence of use
of service or illegitimate matters by a third party arising
for the membership card issued to a member shall be on the member.
Article 11 (Suspension and Termination of Membership
Qualification) ① When a member wishes to terminate
the membership qualification, he/she may apply for the termination
on the PBS homepage, or visit the place of issuing the membership
card initially to apply for the termination.
② In the event that a member is applicable
to the followings, Changwon City may suspend or/and terminate
the member qualification without advance notice.
1. In the event that the membership card is
shared or transferred to another person;
2. In the event that the operation of the PBS
service is intentionally interfered;
3. In the event that the maximum rental period
for each rental under Article 8 (3) of Chapter 3 is exceeded
of the maximum lease period (120 minutes) for 3 times or more
per year;
4. In the event that Changwon City determines
as inappropriate for a member by Changwon City;
5. In the event that it infringes with the
copyright or other rights of other users or third parties; or
6. In the event that it interferes with other
pertinent laws and regulations.
Article 12 (Suspension and Restriction of Service Provision)
① In the event of the followings, Changwon City may
suspend the services.
1. In the event that it is inevitable for repairing
or construction of facilities for service;
2. When the telecommunication service is suspended
by the key communication service provider as regulated under
the Telecommunication Business Act; or
3. When there is any interference in service
with the national crisis, interference on the service facilities,
overload of service use and others.
Article 13 (Obligations of Changwon City) ① Changwon
City shall not disclose or release any personal information
of a member known in relation to the service provision to a
third party without the consent to the member.
② Notwithstanding Paragraph 1, in the event
that there is a request by the national institution under the
provision of pertinent laws and regulations or in the event
that there is a writ of warrant issued by a court for investigation
purposes, it shall not be the case.
③ In the event that there is any modification
or addition to the use of service, Changwon City shall notify
the matter on the PBS Internet homepage.
④ Registered member information shall be deleted
by Changwon City as soon as withdrawal is made.
Article 14 (Obligations and Responsibilities of Member)
① A member shall not undertake any of the followings
when using the PBS.
1. Any act of renting or transferring the membership
card to a third party;
2. Any act of returning the bicycle to a place
other than the PBS terminal;
3. Any act of having someone else or animal
other than the member;
4. Any act of altering and modifying the PBS
for the personal use of the member;
5. Any act of running the PBS outside of the
administrative jurisdiction of Changwon City;
6. Any act of running the area prohibited for
bicycle to run;
7. Any commercial transaction using the PBS;
8. Any act of using the service to obtain information
to reproduce or provide to a third party for any purpose of
use for member without the advance consent of Changwon City
or provide for a third party; or
9. Any act of interfering for other user, third
party copyright and other rights.
② When a member uses the PBS, it shall comply
with the following obligations and responsibilities.
1. A member shall lease the PBS and return
it within the maximum rental hour (120 minutes).
2. A member has to check for normal operation
of the driving device and safety device of the applicable PBS
before renting for the applicable PBS. Any bicycle unable to
make normal run shall be contacted the operation center and
it shall not be rented.
3. When a member is rented with the PBS and
stop or park in a place other than the terminal, make sure to
use the attached locking device to prevent theft.
4. A member shall note on damage and loss of
the PBS during the PBS use.
5. A member shall not rent the PBS in the event
that the alcohol density in the blood exceeds the limits set
forth under laws related to drinking, drug and others before
renting the member.
6. The PBS is the bicycle for general living
purpose and it shall not be used for any special purposes, such
as, racing, mountain climbing, bicycle show and others.
7. The basket attached on the front part of
the PBS shall not load with excessive weight that may interfere
with balancing and direction adjustment while running.
8. The PBS shall not be rented when the weather
may cause the safety accident while running.
9. The PBS has to be returned on the condition
of the time of rental with the exception of general wear and
tear arising from running.
③ When there is any matter arising during the
use of service, a member shall immediately inform it to Changwon
City or the PBS operation company delegated by Changwon City.
1. Any damage, stolen or loss of PBS during
the rental period of PBS
2. Personal injury inflicted on the member
and third party arising during the rental period of PBS
3. Loss and stolen membership card
④ A member shall comply with the pertinent
laws, provisions of the General Terms and Conditions, service
information and service related notice, matters notified to
Changwon City and others.
Article 15 (Prohibition of Petition for Objection and
Claim of Damage Compensation) ① A member shall not
raise any petition or civil complaint on any matters arising
from the mistake and negligence of member when using the PBS
service provided by Changwon City.
② A member shall not make any claim for damage
compensation against Changwon City, relevant institution and
pertinent companies for any problem arising from the mistake
or negligence of the member when using the PBS service provided
by Changwon City, and Changwon City shall not be responsible
for the consequence.
SUPPLEMENTARY RULES
These General Terms and Conditions shall be implemented from
September 22, 2008.
