BIRD FREQUENT FLYER BETA TERMS AND CONDITIONS (U.S.)
Effective Date: November 25, 2019
PLEASE READ THESE TERMS CAREFULLY. THEY SET FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF THE FREQUENT FLYER PROGRAM.
The Bird Frequent Flyer Program (the “Frequent Flyer Program”) is provided by Bird Rides, Inc. d/b/a Bird (including any subsidiaries or affiliates, collectively, “Bird”) pursuant to these terms and conditions (the “Terms”). Your participation in the Frequent Flyer Program is subject to your agreement to the Bird Rental Agreement, Waiver of Liability and Release, and the Bird Terms of Service in addition to these Terms, all of which are hereby incorporated by reference.
BIRD IS OFFERING THIS FREQUENT FLYER PROGRAM AS PART OF A BETA PROGRAM WITH CERTAIN BENEFITS AND REWARDS AVAILABLE IN ONLY CERTAIN GEOGRAPHIC LOCATIONS. YOU UNDERSTAND THAT BIRD MAY CHANGE, MODIFY OR TERMINATE THE FREQUENT FLYER PROGRAM (INCLUDING, WITHOUT LIMITATION, HOW BENEFITS ARE EARNED, WHAT BENEFITS ARE OFFERED, HOW THE BENEFITS MAY BE USED AND THE DURATION OF THE PROGRAM) AT ANY TIME IN BIRD’S SOLE DISCRETION. IF THE FREQUENT FLYER PROGRAM IS TERMINATED, ALL BENEFITS WILL BE FORFEITED WITHOUT ANY OBLIGATION OR LIABILITY, AND NO BENEFITS WILLBE HONORED AFTER TERMINATION.
In order to participate in the Frequent Flyer Program, you must (a) be 18 years of age or older with a Bird account in good standing, (b) have only one account under the Frequent Flyer Program, (c) not share your account information, including username or password, with any other individual, (d) not have been previously terminated from the Frequent Flyer Program and (e) reside in a jurisdiction which legally permits participation in the Frequent Flyer Program.
How it Works
Bird will be offering the Frequent Flyer Program (as defined below). The Frequent Flyer Program may be available to certain riders or not available at all and shall be allocated on a random basis. Bird may make other variations of the Frequent Flyer Program available on a rolling basis such that only certain riders will be able to participate in the Frequent Flyer Program. Riders will be automatically enrolled into the Frequent Flyer Program on a rolling basis without any corresponding action or opt-in needed by the rider.
Frequent Flyer Program
Initially, the Frequent Flyer Program allows you to qualify for different levels of benefits (the “Benefits”) based on how many trips you take in a consecutive 28-day period in certain geographic locations (each such 28-day period, a “Benefit Period”).Please refer to the Frequent Flyer FAQ for more details on the various benefits that will be earned upon achieving the various levels.
Maintaining Benefit Level
Once a level is reached, the Benefits will be unlocked immediately and available to you for the remainder of the Benefit Period the Level is reached (Benefit Period 1) and the entirety of the immediately following Benefit Period (Benefit Period 2). In order to be eligible after Benefit Period 2 for the immediately following Benefit Period (Benefit Period 3), you must qualify based on the number of trips taken during Benefit Period 2 (see illustrative example below). If you fail to qualify for a level during any Benefit Period, you will lose all benefits for the immediately following Benefit Period (see illustrative Benefit Period 4 & 5 below).
Illustration of Benefit Eligibility
Program Changes and Termination
The Benefits are privileges granted by Bird to you. Bird reserves the right to modify, change, alter or terminate the Frequent Flyer Program (including these Terms and the FAQ), in whole or in part, at any time without notice and without further obligation to you. Any and all modifications, changes,
alterations or termination will become binding upon you immediately upon posting the revised Terms or FAQ, and you will waive any right you may have to receive specific notice of such changes, alterations or modifications. Your continued access to or participation in the Frequent Flyer Program following any such change, alteration or modification to the Terms or FAQ (as applicable) confirms your acceptance of the revised Terms or FAQ (as applicable); therefore, you should frequently review the Terms and FAQ pertaining to the Frequent Flyer Program to understand the terms and conditions that apply to your access and participation in the Frequent Flyer Program.\
Waiver and Severability
Bird’s failure to exercise any of its rights under these Terms or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
All interpretations and judgments of the Terms shall be at Bird’s sole discretion and considered final.
Bird may assign any obligations and rights under these Terms to any other entity at any time, and such obligations and rights shall be binding upon, inure to the benefit of and be enforceable by such entity.
These Terms are governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws.
The Frequent Flyer Program or any of its Benefits may be unavailable or interrupted from time to time for reasons beyond Bird’s control. Bird is not responsible for any error, inaccuracy, interruption, defect, deletion, delay or destruction resulting therefrom.
THE FREQUENT FLYER PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bird may, in its sole discretion, create, modify, alter, delete or otherwise change the Terms or other features or benefits provided by Bird under the Frequent Flyer Program, subject to any additional terms that Bird may establish in its sole discretion. You agree that any benefits and/or privileges earned under the Frequent Flyer Program: (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, unless expressly permitted by Bird; (iii) may be disabled by Bird at any time for any reason without liability to Bird; (iv) may only be used pursuant to these Terms; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire and/or only be offered for so long as Bird offers a Frequent Flyer Program. Bird reserves the right to withhold or suspend features or benefits obtained through the use of the Frequent Flyer Program by you or any other user in the event that Bird determines or believes that the use or redemption of the Frequent Flyer Program was in error, fraudulent, illegal, or otherwise in violation of the Terms.