This Agreement (“Agreement”) is made between Beam Mobility Holdings Pte Ltd or its local legal entity operating in the jurisdiction where the Partner is located (details available at www.ridebeam.com) (“Beam”), and the business entity joining the Beam Operation Booster partnership platform ("Beam Booster") from Beam (“Partner”).
a) Partner is the owner/manager of a business wishing to participate in the Beam Booster partnership (“Business”) and has authority over the operations of the Business.
b) Beam is an operator of a business engaging in the rental of personal mobility e-scooters and the operation of a smartphone application. ‘Beam Booster’ is a promotional program operated by Beam that provides food, beverage and other retail discounts at participating Businesses, to Beam riders.
c) The parties agree to enter into a partnership arrangement on the terms and conditions contained in this agreement.
This agreement shall commence on the day Partner is approved to join Beam Booster platform (which will be at Beam’s sole discretion) and remain in full force and effect until this agreement is terminated consistent with the terms herein.
Terms of Engagement
Partner undertakes to Beam that:
a) It will provide an in-store product offer or discount at Partner’s participating stores to eligible Beam riders (“Offer”). An eligible Beam rider is any person who has access to the Beam app and tries to claim an Offer within a 60-minute period of ending a Beam trip where the offer is generated to the Beam rider as redeemable within the Beam app.
b) It will co-promote Beam and its involvement in Beam Booster to its customer base, from time to time in ways suitable to Partner, in its discretion.
c) It will be willing to share ‘first ride free’ Beam discount codes to its customer base through social media and countertop cards, if/as appropriate, from time to time, in ways suitable to Partner, in its discretion.
d) It will display a ‘We Ride with Beam’ promotional sticker in a visible position near Partner’s entrance, if reasonably requested by Beam.
e) Partner shall provide anonymised redemption statistics relating to the Offer to Beam, as requested, for evaluation and reporting purposes subject to applicable laws, including but not limited to privacy laws.
f) It will consider providing a small allocation of space and power supply to charge Beam’s e-scooter batteries. If Partner is interested and is deemed eligible, Beam will compensate Partner with a monthly rental fee, to be mutually agreed.
Beam undertakes to Partner that:
a) It shall assign virtual parking spot(s) in the vicinity of Partner’s Buainess address(es). Beam will nominate the position of the spot(s) on private or on public land as per the terms of its operating licence with the relevant government authority.
b) It will provide Partner a dedicated in-app parking spot promotional opportunity within the Beam app, relevant and specific only to the city of operation where Partner’s Business is based.
c) Beam will, at its own cost, provide a ‘first ride free’ Beam discount code, personalised to Partner’s establishment, to provide to Partner’s customer base, at its sole discretion.
d) It will promote Partner across social media, email, in-app and influencer campaigns, at its sole discretion with Partner’s prior approval on branding and intellectual property.
e) Beam will provide confidential usage statistics relating to Partner’s assigned virtual parking spot, from time to time, at its sole discretion.
f) Beam will provide other benefits to Partner, from time to time, at its sole discretion.
Beam reserves the right to amend, suspend or terminate this agreement at its discretion. Partner may terminate this partnership agreement at any time by giving thirty (30) days’ notice in writing to Beam.
Despite the name of this agreement, Beam acknowledges and agrees that it is an independent contracting party and: (a) nothing in this agreement constitutes or creates an employer/employee relationship; (b) nothing in this agreement constitutes a binding partnership or agency relationship; (c) Beam does not have any authority or power for or on behalf of Partner to enter into any contracts, pledge any credit, incur any liabilities, assume any obligations or make any warranties or representations whatsoever.
Data and Privacy
a) In the event of any dispute between the parties in the interpretation of this agreement or about the performance of any party of its obligations under this agreement (Dispute), either party may notify the other in writing of the Dispute and request that the parties negotiate in good faith to resolve the Dispute between themselves without delay.
b) If the parties cannot resolve the Dispute within 14 business days of the date of notice of the Dispute, either party may require, by written notice, the Dispute to be referred to mediation (Mediation).
c) The Mediator to be appointed must be agreed by the parties within 5 business days of the written notice.
d) Mediation must occur within 14 business days of selection or nomination of the Mediator, on such procedural terms as agreed or, failing agreement, as stipulated by the Mediator.
e) Unless a party has complied with this clause, that party may not commence court proceedings relating to a Dispute except where that party seeks urgent interlocutory relief.
f) Any determination made by the Mediator shall be advisory in relation to the Dispute. Nothing in this clause will be interpreted to prevent the parties from agreeing that the determination is or will be binding.
g) The parties must continue to perform their respective obligations under this agreement pending the resolution of a Dispute.
h) Each party must pay its own costs of complying with this clause.
a) For the purposes of this clause a Force Majeure Event means any event or circumstance which is not within the reasonable control of the affected party, including an act of God, fire, flood, natural disaster, war, revolution, epidemic, pandemic, other unlawful act against public order or authority, strikes, lockouts or acts by any government authority.
b) To the extent that a Force Majeure Event prevents or delays a party from performing an obligation under this agreement, that party will not be liable for the failure to perform that obligation, and that obligation is suspended for as long as the Force Majeure Event continues, provided the party suffering the Force Majeure Event has complied and continues to comply with its obligations under this clause.
c) A party that suffers a Force Majeure Event must:
i. use all reasonable endeavours to mitigate the impact of, and, to the extent reasonably practicable, resolve the Force Majeure Event;
ii. promptly provide the other party with details of the Force Majeure Event, including the cause and likely impact of the Force Majeure Event and steps the party is taking towards resolving, and expected time required to resolve, the Force Majeure Event; and
iii. continue to perform its obligations under this agreement to the extent that it is not prevented from doing so by the Force Majeure Event.
d) If a Force Majeure Event continues for thirty (30) days or longer, either party may terminate this agreement by giving 7 business days’ written notice to the other party.
General Terms of Service
Usage of Beam’s services and its vehicles are subject to Beam’s Terms of Service as set out in the Beam mobile application and at www.ridebeam.com/terms-andconditions.
Indemnifications and Liability
Partner shall indemnify, defend and hold harmless Beam from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from the Partner’s participation in Beam Booster, except to the extent caused by Beam’s gross negligence or wilful misconduct. The provisions of this section shall survive the termination of this agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL BEAM BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM PARTNER’S PARTICIPATION IN BEAM BOOSTER, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Partner may not, without the prior written consent of Beam, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.