2.1. Zipp and the Rider are the only parties to this Agreement. Except as expressly permitted by this Agreement: (a) The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein; (b) Once a Vehicle is activated by a Rider, the Vehicle must be used only by the Rider; and (c) The Rider must not allow others to use a Vehicle that the Rider has activated.
2.2. The Rider represents and certifies that he/she is at least 16 years of age and has a current and valid provisional or full driver’s licence.
2.3. The Rider represents and certifies that he/she is familiar with the operation of the Vehicle, is reasonably competent and physically fit to ride the Vehicle, and has reviewed the safety materials provided by Zipp via the App and/or other materials. By choosing to ride a Vehicle, the Rider assumes all responsibilities and risks for any injuries or medical conditions. The Rider is solely responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle.
2.4. The Rider agrees that the Vehicle and any Zipp Equipment attached there to, at all times, remain the exclusive property of Zipp and/or its lessors/licensors. The Rider mustn't dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Zipp Equipment in any way. The Rider must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in anyway. The Rider must not use a Vehicle, or other Zipp Equipment, for any advertising or other commercial purpose without the express written permission of Zipp.
2.5. The Rider agrees and acknowledges that the Vehicles may not be available 24 hours a day,7 days/week, 365 days per year. Vehicles must be rented during operating hours and within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed. The Rider agrees that Zipp may require the Rider to return a Vehicle at any time.
2.6. The Rider agrees not to use, operate, and/or ride the Vehicle outside permitted service areas, and further agrees not to move or transport the Vehicle except as expressly authorized by Zipp.
2.7. The Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all local laws and the rules and regulations pertaining to Vehicles in the area where the Rider operates the Vehicle, including any helmet laws. The Rider also agrees to act with courtesy and respect toward others while using the Services.
2.8. The Rider agrees to the following:
· Zipp recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the Vehicle. If the Rider chooses to use such an item, he/she dos so at his/her own peril; Zipp recommends that the Rider ensures the item fits snugly to his/her body or is otherwise secured, and does not impede the Rider’s ability to operate the Vehicle safely.
· The Rider must not place any objects on the handlebar of the Vehicle, such as backpacks or bags.
· While riding a Vehicle, the Rider must not use any cellular telephone, text messaging device, portable music player, or other device that may distract the Rider from operating the Vehicle safely.
· The Rider must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair his/her ability to operate a Vehicle safely.
· The Rider must not carry a second person or child on a Vehicle.
· The Rider may only use locking mechanisms provided by Zipp. The Rider may not add another lock to the Vehicle or lock a Vehicle other than in accordance with Zipp’s instructions.
· The Vehicle must not be parked at a prohibited parking spot. The Vehicle cannot be parked on unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved non-public space. The Rider should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
· The Vehicle must be parked in a space that is visible, and in an upright position using the kickstand.
2.9. The Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. The Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. The Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
2.10. The Rider must not exceed the maximum weight limit for the Vehicle.
2.11. The Rider must not tamper with, attempt to gain unauthorized access to, or otherwise use the Services other than as specified in this Agreement.
2.12. The Rider must report any accident, crash, damage, personal injury traffic violation, or stolen or lost Vehicle to Zipp as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, the Rider shall file a report with the local police station within 24 hours. The Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle. Rider agrees that traffic violations, fines or impound charges are at the risk and expense of the Rider, including in connection with improper or unauthorized parking at the end of the rental period. Rider agrees and acknowledges that Zipp may cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.
2.13. The Rider agrees to return the Vehicle to Zipp in the same condition in which it was rented. Zipp reserves the right to charge the Rider for damage to the Vehicles caused by the Rider or others (including any vandalism), water damage, or theft, up to the value of the Vehicle plus administrative and processing fees. The Rider will not be responsible for normal wear and tear incurred in the ordinary use of the Vehicle.
2.14. The Vehicle is an electric vehicle that requires periodic charging of its battery in order to operate. The Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric vehicle and all of the limitations and requirements associated therewith. The Rider understands and agrees with each of the following:
· The level of charge power remaining in the Vehicle will decrease with use of the Vehicle(over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
· The level of charging power in the Vehicle at the time the Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
· The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
· It is the Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
· The distance and/or time that the Rider may operate the Vehicle before it loses charging power is never guaranteed.
· The Vehicle may run out of charging power and cease to operate at any time during the Rider’s rental of the Vehicle, including before reaching the Rider’s desired destination.
2.15. If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement. The Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, fees, judgments, suits, or disbursements of any kind or nature whatsoever related to the Rider charging or attempting to charge the Vehicle. By choosing to charge a Vehicle, the Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and the Rider agrees that Zipp and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by the Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
2.16. Unless otherwise instructed by Zipp in writing, to activate Services with the App, the Rider must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the App. Certain functions of the App, such as the possibility to unlock, rent and end the rental of the Vehicle require that the App has an active network connection. The Rider is responsible for the availability and costs of mobile data communication services. The Rider is also responsible for ensuring that the mobile device has adequate battery capacity. Zipp shall not be responsible if the Rider is unable to unlock, use or end the ride of the Vehicle as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. The Rider shall remain responsible for and Zipp may charge the Rider all costs(including rental fees) incurred until the ride is ended.
3.1. The Rider may use the Vehicle in accordance with the pricing described in the App, which may include a ride start fee, fees based on distance or time (with time rounded up to the nearest minute), and/or a required minimum fee. Pricing is subject to change. In each case, fees and other charges may include applicable taxes and other local government charges. The Rider will be charged (through credit card, debit card, or another agreed payment method) the amount of the fees as described in this Agreement and the App, including any recurring payment you choose. The Rider agrees that Zipp may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on the Rider’s behalf directly to the appropriate authority or applicable party. If Zipp is required to pay and/or process such fees or associated costs, the Rider agrees that Zipp may charge him/her for the amount paid plus a reasonable administration charge for dealing with these matters. The Rider will be provided notice of any such costs or fees. In the event Zipp uses a third party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines and/or penalties, the Rider agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
3.2. Zipp may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Services or other features or benefits provided by Zipp, subject to any additional terms that Zipp establishes. The Rider agrees 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, unless expressly permitted by Zipp;(iii) may be disabled by Zipp at any time for any reason without liability to Zipp;(iv) may only be used pursuant to the specific terms that Zipp establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. Zipp reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that it determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
3.2a The Zipp Promo Code referred to as the "Zipp Pass" allows riders in the United Kingdom only rent a vehicle for a set period given certain operating parameters for a fixed price. These operating parameters are as follows. The "1 day Zipp Pass" allows riders rent the vehicle a maximum of 6 times for a maximum period of 60 minutes for each ride for a fixed price of £10 over one 24 hour period only. The "7 day Zipp Pass" allows riders rent a vehicle a maximum of 4 times per day for a maximum period of 40 minutes for each ride over a 7 day period for a fixed price of £25.
3.3. The Rider agrees that the Rider will deactivate the Vehicle rental within 90 minutes of renting a Vehicle. The Rider may then rent again. The Rider agrees that he/she is solely responsible for being aware of the length of any elapsed ride time. After return of the Vehicle, the Rider will be charged the accumulated rental charges.
3.4. Rental time will be calculated from the moment of unlocking the Vehicle through the App until the Rider receives the confirmation through the App that the ride has been ended. If the Rider ends the ride incorrectly, this may result in the ride not being terminated. If the ride is not ended properly, the ride will continue and the Rider will continue to be charged. If the Rider has technical issues terminating a ride for any reason, this should be reported through the App immediately. Failure to report an issue in terminating a ride may result in continued charges.
3.5. Vehicles not returned (with the ride concluded) within 48 hours will be considered lost or stolen, and the Rider may be charged up to the value of the Vehicle plus administrative and processing fees. Zipp may also charge additional service fees for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
3.6. To be registered to use the Services, the Rider must provide a valid credit, debit card or prepaid card number and expiration date or other valid payment method information. The Rider represents and warrants to Zipp that Rider is authorized to use any credit, debit or prepaid card or other payment method information the Rider furnishes to Zipp. By providing a payment method, the Rider agrees that Zipp is authorized to charge for the ride and any other fees incurred by the Rider under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.
3.7. When the Rider provides a payment method or in accordance with Zipp policies, our system will attempt to verify the information you entered. We may do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If the payment method expires and the Rider does not update the information or cancels his/her account, the Rider authorizes Zipp to continue billing, and the Rider will remain responsible for any uncollected amounts. Zipp reserves the right to retry billing all payment method(s) on file after any failed billing attempt. The Rider will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
3.8. If the Rider disputes any charge on the Rider’s payment method, then the Rider must contact Zipp within 10 business days from the end of the month with the disputed charge, and provide to Zipp all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. The Rider agrees to immediately inform Zipp of all changes relating to the payment method.
3.9. If the Rider has agreed to make automatic or recurring payments, such payments will continue until the Rider cancels or his/her account is terminated. Zipp may continue to charge your payment method for any additional fees or charges incurred under this Agreement.
3.10. If the Rider is unable to return a Vehicle to a valid area (i.e. deactivate the Vehicle on private property, a locked community, or another unreachable area),and request that the Vehicle be picked up by Zipp staff, Zipp, at its sole discretion, may charge the Rider a pick-up fee. If any Vehicle accessed under the Rider’s account is abandoned without notice, the Rider will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle. Fees are subject to change.
