Last Updated: June 01, 2023
My Device Inc., a Delaware corporation, d/b/a Whizz (“Whizz,” “Company,” or “we”) welcomes you (“you” or the “User”) to use our subscription based rental services for electric bicycles complete with throttle as well as pedal assistance. You can find information regarding our bicycles on our website getwhizz.com, as well as in the Whizz mobile application. This e-Bike Subscription Agreement (“Agreement”) describes the terms and conditions that govern your use of or access to our Service. All capitalized terms used in the Agreement have the meaning assigned to them in Annex A, unless otherwise stated.
PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT CONTAINS RELEASES, WAIVERS, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, DESCRIPTION OF PAYMENTS, LATE FEES, ADMINISTRATIVE FEES AND DAMAGE FEES. IT ALSO SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICES.
You represent and warrant that you have the right, authority, and capacity to accept the terms of this Agreement. You agree that you have fully read and understood its terms without any impairment in judgment resulting from (but not limited to) mental illness, intoxication, medication, or any other health or general problem that could impair judgment. Your use of the Services constitutes your acceptance of the Agreement. CONSEQUENTLY, IF YOU DO NOT ACCEPT OR UNDERSTAND THE AGREEMENT, PLEASE DO NOT USE, INSTALL, ACCESS, OR REGISTER WITH THE SERVICES. If your agreement to this Agreement is required in connection with or after the installation process of any software or application forming part of the Services, and you do not agree to any provision of this Agreement, you are not entitled to use the Services.
A. Eligibility. The Service is only available with a Subscription. To be eligible for the initial and continued Subscription, User must contemporaneously meet all criteria provided below:
B. Background Check. Company reserves the right to decline the Subscription application at the time of pick-up for any or no reason, including, but not limited to any negative results from User’s background check, prior violations of this Agreement, or any indebtedness to Company. Company will not run a credit report. Upon successful completion of the background check, the User must pay one month's rental fee upfront. If the background check reveals negative results, the User may be required to provide two upfront payments (minimum 2-month rental) or a refundable deposit. The deposit will be refunded whenif the e-Bike is returned. The Company reserves the right to use the deposit to cover any fees or charges owed by the User to the Company, including but not limited to damages to the e-Bike, late fees, or outstanding rental charges. In the event of significant negative results of the background check, the Company reserves the right to refuse the rental application. The Company will not disclose the specific reasons for any negative results from the background check.
C. No Discrimination. Company recognizes its responsibilities under federal, state and local laws pertaining to fair credit and billing practices, as well as the moral principles regarding civil rights. Company will not deny services or discriminate against any persons due to race, creed, color, religion, national origin, marital status, physical handicap (excluding such handicap that would adversely interfere with User’s ability to use the e-Bike in a safe manner), gender, sexual orientation, or political beliefs.
D. Reservation of Rights Regarding Service Refusal. Company acknowledges its commitment to maintaining a non-discriminatory approach to providing services to all clients. However, it reserves the right to refuse services to individuals who have previously used the service and demonstrated behavior that was unsafe, reckless, inappropriate, negligent, offensive, fraudulent, or otherwise deemed unacceptable by the Company. This includes cases where a customer's subscription was terminated or their e-bike had to be repossessed due to delinquency and/or where outstanding debt of any kind exists. Such decisions will be made at the Company's discretion, with the objective of ensuring the safety and well-being of all users and maintaining the integrity of the service.
E. Ownership Rights. Company retains the sole ownership of the e-Bike, Battery, Lock, and any other items made available to User under this Agreement, except in cases where the User has purchased the e-Bike or any other items from the Company. The Agreement does not convey any rights of ownership or property interest in, to, or over Company, Company’s operations or finances, App, Site, or e-Bike, Battery, Lock, or any other items provided to Users by Whizz under this Agreement.
F. Term of Agreement. This Agreement will be in force between Company and User from the Effective Date through the duration of the Term unless terminated by either User or Company (See Section X). Terms as defined in Annex A Key Definitions.
G. Changes to Agreement. The Company may amend this Agreement in its sole discretion. Company will reasonably notify Users of any changes via email, notification through the App, or by other means. Company will post the revised Agreement on the Site and/or on the App. The revised Agreement is effective immediately upon notification. Continuous use of the Services following any changes to the Agreement automatically constitutes User’s acceptance of the amended Agreement.
H. Availability. Company does not represent, warrant, or always guarantee the availability of any of its Services; as weather conditions, unforeseen events, or other extraordinary circumstances might prevent Company from providing the Services. Supplies are limited, and access to the Services is conditioned on the availability of personnel, e-Bikes, Batteries, or other equipment.
I. Location. The Service is currently available only in New York City, New York.
J. Terms of Use. E-Bike can be used for 1) Business or 2) Personal use. Decision of use of e-Bike is at the sole discretion of the Company.
A. Subscription Fees. User agrees to pay the Subscription Fee, in the amount indicated on the Site getwhizz.com, on a monthly basis for the duration of the Subscription. Company reserves the right to change the Subscription Fee at any time and without notice, including after User’s Subscription has started. Users should visit the Site periodically for up-to-date information about the Subscription Fees. Company will charge User the initial Subscription Fee immediately upon acceptance of User’s registration for a Subscription. Subscription fees are charged on a prospective basis, meaning that the subsequent charges will occur monthly from the date of the first charge. If the User decides to add on Supplemental Equipment or Services, such as Extra battery or Overnight Storage Company will also charge the User for the items or services until Supplemental Equipment are returned or services are no longer used. Subscription Fees and other services offered by Company are subject to state, and city taxes, as well as any other local government charges. Company will charge User for any applicable taxes.
B. Payment Terms. User represents and warrants to Company that User is authorized to use any credit or debit card User furnishes to Company. User authorizes Company to charge the card for all Subscription Fees and other applicable fees incurred by User, and to transmit User’s credit card information to Company’s third-party vendors for the sole purpose of processing such charges. All fees and costs are due when they are incurred, including but not limited to Subscription Fees and Damage Fees.
Early or advance payments are welcomed and will not be penalized. Cash, checks, temporary or prepaid credit/debit cards are not an acceptable form of payment. Only valid, non-expired credit or debit cards issued in the User's name will be accepted.
C. Disputed Charges. User may not dispute any charges on User’s credit or debit card account. User must contact Company directly of charges he/she would like to dispute. Company will promptly investigate the matter and will report back to the User as soon as possible. In the event it is found by the Company that there has been an error in billing, Company will reverse the electronic payment transaction. After investigation is completed, Company’s findings will be final decision. If User proceeds with filing a dispute directly with his/her credit or debit card account, Company may impose a fee to User and/or terminate the Subscription at Company’s sole discretion.
D. Returned Payments. Users are billed automatically for amounts due via credit/debit card, or other means. If payment of any amount due, including but not limited to Subscription Fee or Damage Fees, is rejected by the credit/debit card provided by User, Company may take the necessary steps to rectify the situation, including performing manual charges in full amount or in part that would in sum equal to the amount owed. This may include sending an invoice to the User for the outstanding amount. If payment is not received following this invoice, Company reserves the right to suspend or terminate User’s Subscription and/or use of the Services at Company's sole discretion. Users are required to keep their payment method information current and accurate (e.g., a billing address, credit/debit card number, or expiration date) and to notify Company if User’s credit or debit card is no longer available. Ongoing issues with credit/debit card billings may result in termination of use of Services. Under no circumstances will Company be responsible for any overdraft or other fees charged by User’s credit/debit card bank.
E. No Refunds. All fees are final and not refundable in whole, or in part. Company will not refund to the users’ card or bank any Subscription Fee in the event of early return of the e-Bike. Only in the event the E-bike is returned on time within 48 hours of rental and the User has paid for a second month subscription fee that fee may be returned to their bank or card. Credit may be given to the User’s bonus account in the form of bonus account money if there is any return that authorizes credit back. For example, if a User paid for an extra battery and decided against the purchase, payment may be partially returned in the form of credit to the User’s account. Company reserves the right to use discretion on who they may or may not approve credit or a refund.
F. Partial Payments. In the event the User is delinquent on any amount due, including but not limited to Subscription Fees or Damage Fees, the Company may elect to charge the User's credit or debit card for partial payments of the amount due, without prior notice to the User. The User agrees to allow the Company to charge their card for such partial payments.
A. Promotions by the Company may consist of “promo-codes” specific to certain Users or common promo-codes for all Users, limited or unlimited in their duration. Promo Codes will come directly from the Company either through Company advertising or Company emails, messages, or other official means of communication. Promo-Codes are limited to one per transaction and may not be combined with other offers. If the User benefitted from a special discount, promotion, or any other promoted offer that resulted in a reduction of standard fees, Company may discontinue that discount, promotion or offer without written notice. In that case, User will begin paying standard charges consistent with Company’s general fees after promotion has ended. Information about the Promo Codes, the conditions for their receipt and use may additionally be posted by the Company on its official resources, including the following: getwhizz.com
B. Bonuses or “bonus money” can be added to the User's account for use by the User solely for subscription renewal fees and cannot be applied for the first month of subscription payment or any other fees including but not limited to damage fees or late fees. This money cannot be withdrawn from the bonus account or used for any other fee payments. The currency of the bonus account is a virtual US dollar. 1 virtual US dollar is equal to 1 US dollar. In the event, the User’s subscription is cancelled the money will not disappear and may be used by the User if they resubscribe with the Company.
C. Delinquency in Specified Agreement. If a User fails to make a payment or returns the e-Bike and equipment before the end of their specified agreement and benefited from a promo-code the discount or bonus money may be used towards the balance of their subscription fees, and the User will still be responsible for the cost of the e-Bike and equipment.
D. Selecting a Specified Duration of Agreement. A User may benefit from discounts if they choose to pay subscription fees upfront (for example, two months, instead of one month). The monthly fees might be reduced in this event. The minimum rental period for specified discounts is two months.
E. The Company makes every effort to ensure that the pricing and promotions displayed on the Company’s website, in its advertisements, or in the App are accurate and up-to-date. However, there may be instances where technical bugs or glitches may result in incorrect pricing or promotion information being displayed. In such cases, the Company reserves the right to correct the pricing or promotion information without any liability to the User.
F. In case of delinquency or violation of the terms of this agreement by the User, the Company reserves the right to nullify any accrued bonuses or promotional credits. This includes, but is not limited to, instances where payments have been missed, terms of service have been breached, or misuse of promotional codes has occurred. The action to nullify bonuses or promotional credits is at the sole discretion of the Company and may be implemented without prior notice to the User. Any decisions made by the Company in this regard are final.
The User acknowledges that any pricing or promotions displayed on the Company’s website, in its advertisements, or in the App are subject to change without notice and that the Company is not obliged to honor any incorrect pricing or promotions. The User agrees to pay the correct price for the e-Bike rental or any additional services or equipment, as determined by the Company, at the time of rental.
A. E-Bike Pick-up. e-Bikes and Supplemental Equipment can be picked up at Company’s offices located at 29 East 10th Street, New York, NY 10003, and 745 Flushing Ave, Brooklyn, NY 11206 during business hours as it is disclosed on the website getwhizz.com.
To receive an e-Bike User must provide one of the following:
The Company reserves the right to accept any other documents that may prove the identity of the User, but are not listed here.
B. Validation procedures A part of the subscription process, the Company reserves the right to request and capture a photograph of the User at the store, as well as make copies of the provided identification documentation for verification purposes. The Company will also conduct necessary procedures to validate that the payment method used belongs to the User. These measures are implemented to enhance security and ensure compliance with the Company's policies.
C. Sound Mind. If User shows signs that the User is not capable to use the e-Bike safely due to drug, alcohol, or other kind of intoxication then they will be prohibited from Services.
D. Property Receipt Act. Upon pick-up, User must conduct a thorough inspection of the e-Bike and Supplemental Equipment to ensure that they are free from damages and safe to ride. Subsequently, User must sign the Property Receipt Act, confirming the receipt of the equipment and acknowledging their working condition. The signed Property Receipt Act serves as conclusive proof that the user fully acknowledges and comprehends the company's terms, conditions, and the potential consequences associated with breaching them. By signing the receipt, the User affirms their commitment to adhere to the terms and conditions outlined by the Company.
A. e-Bike Return. No later than 48 hours after the end of the Subscription, User must personally (or through a representative with a valid Power of Attorney issued in accordance with New York laws) return to Company the e-Bike, Supplemental Equipment, and any other materials provided by Company.
B. Return Condition. User agrees to return the e-Bike to Company in a clean condition, the same as received, except for ordinary wear and tear.
C. Property Return Act. On return, Company’s representative will examine the e-Bike and Supplemental Equipment for any items that do not constitute normal wear and tear. User must be present at the inspection and sign the Property Return Act after examination. User specifically agrees and authorizes Company to automatically charge User for damages listed in the Property Return Act.
If the e-Bike is damaged beyond reasonable repair (as determined by Company), and the battery is not returned, User will be responsible for the full price of the e-Bike as specified in Annex B to this Agreement. In addition, User will also be responsible for the loss of use, administrative fees, as determined by Company or specified by law, plus any towing, pick-up, and/or storage charges.
D. Failure to Inspect. If for any reason a full inspection cannot be undertaken on e-Bike’s return or User refused to be present during the inspection or to sign the Property Return Act, Company reserves the right to invoice User for any damages to the e-Bike as determined by the Company.
E. Future Damages. Company also reserves the right to inform User within 60 days of the return of any damage not listed in the Property Return Act that was identified later during technical examination or that could not be identified at the time of the return (due to external circumstances, including, but not limited to dirt on the e-Bike, preventing proper inspection on return). User specifically agrees and authorizes Company to automatically charge User for such damage.
F. Failure to Return. E-bike will be considered returned only when it is returned to a representative of Company at the office with a battery inside. Failure to return the e-Bike and battery, without prior notice or without proven exceptional circumstances, will be considered an act of theft and User will be subject to proceedings as outlined in Section XIV.
A. E-Bike Repair and Replacement. Subscription includes e-Bike repair services to be provided by Company upon request. If the e-Bike needs repair, User must submit a repair request via e-mail, Messengers, App, or in person by visiting Company’s office during working hours. Company will contact User to arrange the date and time for repair services to be provided by Company’s employee on-site at the Company’s location. Company will endeavor to schedule a repair appointment within 48 hours of receiving a repair request but does not guarantee any specific time for addressing or resolving repairs. If the e-Bike cannot be repaired on-site, Company will provide a replacement e-Bike if available.
B. Third-Party Repair. User shall not allow another person or entity to perform repair on the Company e-Bike. User may perform minor routine e-Bike upkeep or maintenance on their own, such as adjusting seat height or inflating a tire. If User attempts to repair an e-Bike instead of requesting a repair from Company, User expressly assumes all risks thereof, including risk of personal injury, and may be charged a Damage Fee.
C. Accidents. In the event of an accident or crash involving an e-Bike,
User should immediately call 911 and seek any medical assistance if necessary. User must report the incident to Company as soon as it is possible and safe to do. User must also cooperate with Company and its representatives to investigate the incident. User should provide to Company all available information from the list below, or any other information that at User’s view might be helpful for accident investigation:
D. Responsibility for Damage, Injury or Death to Third Parties. User explicitly agrees that any damage, injury, harm or death to third parties or third-party property caused by User’s use of the e-Bike or Service is exclusively User’s responsibility. It is User’s sole responsibility to check with User’s insurance company whether the use of the Service is covered by such insurance policy.
F. Lost or Stolen e-Bike. If the e-Bike is lost or stolen, User agrees to pay Company the full value of the e-Bike with such value dependent upon the model being rented. In such event, the Company is entitled to charge User’s designated payment method for such amount. User expressly agrees and authorizes Company to make such charges.
G. Reporting Damage, Loss, or Theft. User must report any damage, loss, or theft of the e-Bike or Supplemental Equipment to Company within 24 hours of the incident or as soon as it is safe to do so by contacting Company’s customer service team. If User fails to report damage, loss, or theft, timely and properly, Company may charge reasonable fees and/or terminate User’s Subscription. In the case that the e-Bike is stolen, User must file a police report within 24 hours of discovering such theft and provide Company with a copy of such police report immediately. The Company additionally reserves the right to request the completion of internal theft report to initiate the recovery of the e-bike through internal repossession specialists. Failure to provide either one of these documents will be deemed as an intent to steal Whizz's property by the User.
H. The user agrees that not wearing a helmet will alleviate the Company of any liability in the case of injury. Not wearing a helmet properly or operating the e-Bike properly may also alleviate the Company of liability.
A. The plan reduces User’s financial liability for loss of or damage to the e-Bike, provided that:
B.If the amount of applicable Damage Fees exceeds $100, Protection Plan allows User to pay only 50% of such Damage Fees (see Annex B, Damage Fees). Damages caused by User’s intentional actions, negligence or a failure to bring the bike for monthly maintenance are not covered by the Protection Plan
C. If the e-Bike was stolen, Protection Plan will allow User to only be responsible for Damage Fees, only if User has complied with the requirements of Sections VII and VIII (see Annex B, Damage Fees).
D. Protection Plan is offered as an extra agreement per each rented e-Bike, if User decides to opt in for the Protection Plan, User will be charged an additional monthly $29 fee.
This plan is offered as an extra agreement per each rented e-Bike. The agreement allows the User to host the e-Bike overnight at a preferred location for an additional monthly $29 fee. The User must agree to the following terms:
A. Users may only pick up, or drop off their bikes within the business hours of the desired location, and should be courteous in arriving thirty minutes before the business closes.
B. Users should not expect the e-Bikes to be charged outside of the preferred location’s business hours.
C. Users understand that the storage of their e-Bike may not always be available due to demand.
D. The storage location, or Company, reserves the right to terminate this agreement at any time. The User will be notified, but may not refunded, in this scenario.
E. The Company is not responsible for the availability and quality of the overnight storage service provided by third-party partners. This includes, but is not limited to, any disruptions, damage, or loss that may occur while the e-Bike is stored at these locations. Users accept and understand that while the Company endeavors to work with reputable partners, the conditions and operations of these partner sites are outside the Company's direct control and influence.
A. Operation of e-Bike. Instructions for safe operation of the e-Bike, and Supplemental Equipment, are provided by Company at the time of e-Bike pick-up and/or posted the Site https://getwhizz.com/manual/ and/or App.
Users must carefully listen to or read and become familiar with these instructions prior to commencing use of the e-Bike.
B. Preservation of e-Bike Condition. User must not dismantle, write on, or otherwise modify, repair, or deface an e-Bike, any part of an e-Bike, Supplementary Equipment, or other items provided by Company in any way.
C. Prohibition of Unauthorized Commercial Use. User must not use an e-Bike, Supplementary Equipment, or other items provided by Company, for any advertising or other commercial purpose including sublease the Equipment without the prior express written permission of Company.
D. Battery Use. Batteries used in e-Bikes are electric power batteries that require periodic charging in order to operate and power the e-Bike. User understands that in case the level of Battery charging power decreases, the operational capabilities of the Battery may decrease accordingly or cease in their entirety. It is User’s responsibility to make sure that the Battery is properly charged before commencing an e-Bike ride. User must remove and store the battery each time the bike is not in use in order to ensure its safe keeping.
E. Battery Repair. User must not attempt to charge the Battery with any charging device other than that provided by Company in the Supplemental Equipment. In no circumstances should User attempt to repair the Battery on their own. User understands and agrees that any Battery repair attempt constitutes a violation of this Agreement, and that Company will not be in any circumstances liable of any harmful outcomes of such repair.
F. Helmets; Safety. Users must always wear a Helmet while using an e-Bike. Any injuries caused by User’s failure to obey the Rules, relevant traffic or cycling laws, or otherwise act wisely and prudently, including failure to wear a helmet when riding an e-Bike, are exclusively the responsibility of User. User acknowledges all risks associated with the absence of a Helmet or other protective equipment while operating an e-Bike. User may need to take additional safety measures or precautions not specifically addressed in this Agreement, for example with regards to clothing to be put on in order to operate the e-Bike safely. (See section f. In Section D- Repair, Damages Accidents, Loss and Theft)
G. E-Bike Intended Use. The e-Bike is intended for use only by User engaged in the Subscription. The e-Bike must not be shared with others. The e-Bike is not designed to transport passengers or cargo, except for a bag, backpack, or other small items that may be worn by User at the time of e-Bike operation without interfering with the safe e-Bike functioning.
H. Storage of e-Bike. It is User’s sole responsibility to lock and store the e-Bike reasonably and properly during the Subscription. User must use the Lock and Supplemental Equipment provided by Company to securely lock the e-Bike when not in use. User agrees to store the e-Bike indoors whenever possible. If indoor storage is not possible, User must store the e-Bike in an area in which public bicycle parking is permitted by law by securing the e-Bike to a fixed immovable object using the Lock. User must remove and store the battery each time the bike is not in use in order to ensure its safe keeping.
A. Pre-Ride Safety Check. Before each use of an e-Bike, User must conduct a safety inspection of the e-Bike, which includes inspecting the e-Bike for the following:
If the e-Bike has signs of any damage, User must not use the e-Bike and instead must immediately contact Company by submitting a repair request.
B. User’s State while Operating an e-Bike. Users must not operate an e-Bike while being under the influence of alcohol, substances such as drugs, stimulants, thinners, or medications that affect the safe e-Bike operation.
C. Fines and Administrative Fees. User is solely responsible for any violations, including but not limited to traffic violations or parking violations, incurred during the use of the Service. Company reserves the right to charge User’s payment method on record for any violations, tickets, or fees that may be assessed on Company by appropriate authorities as a result of User’s use of the Service. Users must exercise prudent and reasonable judgment when parking an e-Bike.
D. E-Bike Operation Exclusively for Intended Use. User acknowledges that the e-Bike will not be used in violation of any law, ordinance, or regulation (e.g., for speed competitions, mountain biking, tricks, illegal trade purposes, or transporting contraband). User undertakes that the e-Bike will not be operated or used in any Prohibited Area. When using an e-Bike on a sidewalk, the e-Bike must be walked by User’s side, not ridden. User undertakes not to use the e-Bike for the purpose of transporting people for a fee or for any other reason.
E. GPS Device Services. User accepts that GPS device services are necessary in order to protect bikes against theft and enhance recovery. Company may request User to visit the nearest store for a GPS device service. Any location data and User personal data will at all times be governed by My Device Inc’s Privacy Policy.
F. Monthly Maintenance. User acknowledges that regular maintenance is essential for ensuring the safe and optimal functioning of the e-Bike. User agrees to bring the bicycle for maintenance at least once during each month while the subscription is active and while the User is in possession of Whizz's property. In addition to the monthly maintenance, if the Company contacts User to bring the bike for unscheduled maintenance or repair, User must promptly comply with the request and bring the e-Bike to the designated location specified by the Company. Failure to comply with scheduled or unscheduled maintenance requests may result in termination of the User's subscription and may incur additional charges.
G. Damages Due to Failure to Bring the Bike for Maintenance. The Company reserves the right to charge the customer for any damages that occur to the e-Bike as a result of the customer's failure to bring the bike in a timely manner for scheduled maintenance. By not complying with the maintenance requirements, the customer accepts responsibility for any resulting damages. The Company may deduct the repair costs from the customer's security deposit, charge the customer's payment method on record, or pursue other appropriate means to recover the costs. In the event of failure to bring the bike for scheduled maintenance, the Company reserves the right to deny the customer in further rental, terminate the agreement, and/or deny the customer in any payment plan options.
A. Termination by User. User may terminate the Subscription immediately for no reason, subject to payment of any Subscription Fees or Damages due at the time of User’s request for termination and e-Bike’s and Supplemental Equipment return.
The Subscription will cease on the date on which the Subscription Fee for the next period would have been charged, provided that User gave timely and proper notice of intent to discontinue the Subscription and returned the e-Bike and Supplemental Equipment in accordance with this Agreement.
B. Termination by Company. The Company may terminate this Agreement and the User's Subscription upon notice to the User at any time, with or without cause. While the Company does not require any cause to terminate this Agreement and the User's Subscription, some common causes for termination are as follows:
Engagement in any conduct that the Company determines to be unsafe, reckless, inappropriate, negligent, offensive, fraudulent, or otherwise unacceptable, including but not limited to, failing to observe any safety requirement set forth in this Agreement or applicable law, whether observed by the Company or the Company's representatives directly or as reported to the Company by a third party along with credible evidence, the credibility of which will be determined by the Company in its sole discretion.
Initiation of insolvency/bankruptcy proceedings against the User.
Dishonest, untruthful, or incomplete disclosure of required information by the User.
Failure to comply with e-Bike rules and guidelines, including leaving the e-Bike unlocked/unattended on the street.
Any damage fees that are accrued by the User must be paid in full or through an agreed-upon payment plan to avoid termination by the Company. If the User accrues a damage fee of $100.00 or more and fails to pay that invoice or set up a payment plan, the Company has the right to use its discretion in terminating the User's Subscription.
C. No Reimbursements. No payments will be reimbursed to User if Company terminates User’s Subscription.
D. Repossession (“REPO”). In the event that User's subscription becomes delinquent in default, the Company reserves the right to repossess the e-Bike without notice to the User. The repossession specialists and/or any other Company’s representatives can repossess the e-Bike at any time following the delinquency or default of User's subscription. User will incur a REPO fee (see Annex B-Theft or Loss Fees) in the event that the e-Bike is repossessed, unless it is repossessed on the Company’s premises.
A. Failure to Pay. If User does not pay the standard monthly fee, or return the e-Bike, Supplemental Equipment, all/any other materials to Company within 48 hours of the missed payment, the User agrees to be contacted by Company at the telephone number and/or email provided by User and charged additional fees. The same applies if User does not pay for Damage Fees of $100 or more, either in full or through an agreed upon payment plan, within 48 hours of the missed payment.
B. E-bike deactivation. If User does not pay the standard monthly fee, or return the e-Bike, Supplemental Equipment, all/any other materials to Company within 48 hours of the missed payment, Company reserves the right to disable the electrical components of the e-bike at its discretion and without prior notification.
C. Additional Fees. On the third day following a missed payment and no return of all equipment(s), there will be an automatic renewal of the standard monthly Subscription amount, and a late fee of 16% for all goods and services provided will be applied. In addition, State and Local taxes will be applied. Company agrees to give notice to User of incoming late fees prior to charging the additional fees.
D. Continued Failure to Pay. If the User fails to make payment for all original and additional fees, on the tenth day following the original missed payment, the Company retains the right to terminate the User's subscription and repossess the e-Bike and all other Supplementary Equipment and materials provided (refer to Section XII).
E. Failure to Return Equipment. If the User does not pay Subscription and Service fees and does not return all equipment within a reasonable time frame, Company may charge User Damage Fees up to the full replacement value of the items not returned in addition to additional fees and administrative fee. Company will consider the e-Bike/Supplemental Equipment stolen and may pursue all legal remedies, including attempting to collect monetary losses and filing a police report.
F. Collections. Company uses a third-party credit reporting agency to retrieve outstanding debts such as unpaid subscription fees, damaged fees, administrative and late fees, court fees, forfeited bonds and ordered restitution, and other applicable fees. User understands and accepts that delinquent payments may be placed into collections at any time and this act may negatively impact User’s credit score. User understands and accepts that the collections agency will contact User until debts are paid in full. User will incur a one-time administrative fee of $150 for the transfer of their delinquent account to third-party debt collection agencies.
G. Allocation of Legal Costs. In the event the Company deems it necessary to retain legal counsel to enforce a breach of this agreement, the allocation of attorney fees shall be at the sole discretion of the Company. The User may be held responsible for covering the incurred attorney fees, which will be determined by the Company based on the circumstances of the breach.
H. Payment Application. In the event that the User is delinquent and has an open debt with the Company but makes a payment towards a new subscription or a new purchase of the bike, the payment will be applied firstly towards the open debt until it is covered. Once the open debt is covered, any remaining portion of the payment will be applied towards the new subscription or purchase if any. Until the open debt is fully covered, the User may be suspended or terminated from using the Company's services and/or purchasing Company products. The Company reserves the right to apply payments in a manner it deems appropriate in order to collect any outstanding debts owed by the User.
A. Indemnification. User agrees to defend, indemnify, and hold Company, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively, “Company Parties”) from and against any claims, losses, obligations, damages, or expenses arising from User’s use of or access to the Services, use of the Services or any e-Bike or Supplemental Equipment, breach of the Legal Terms, or violation of any law or the rights of a third party. This provision will continue to be effective after the termination of this Agreement.
B. Waiver and Release. In consideration of Company providing Services, User specifically releases and forever discharges Company Parties from any and all liability or claims for injury, illness, death or loss of or damage to property which User may suffer while using Services and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Company Parties. It is the express intent of this Agreement that User release Company Parties and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Company Parties or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, User fully recognizes that if injury, illness, death or damage occurs while engaged in using Services or participating in bicycling, or any other activity associated with the e-Bike, User will have no right to make a claim or file a lawsuit against Company Parties, even if any of them negligently cause any injury, illness, death or damage.
C. Limitation of Liability.
D. No Warranty. THE BIKE IS PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF AN E-BIKE, HELMET, OR ANY ITEM PROVIDED IN THE SUPPLEMENTAL EQUIPMENT, OR THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
E. Assumption of High-Risk Activity. User understands that using any of Company’s Services, e-Bikes, and/or related equipment exposes User to known and unknown risks, dangers, and hazards that could result in injury, illness, or death to User or others, as well as property damage, and that such risks, dangers, and hazards cannot always be predicted or avoided. User acknowledges and assumes these risks and waives all Company liability. See examples:
F. Prohibited Use. Any use of an e-Bike prohibited by this Agreement voids all coverages or warranties (including but not limited to insurance, accident, or liability coverages or protection plan); makes an e-Bike subject to immediate confiscation by Company without any notice to User; and makes User responsible for all loss or damage to, or connected with the e-Bike, including company expenses, to the extent that such loss or damage is caused by such prohibited use.
Failure to pay for the Subscription, late fees, administrative fees, Damage Fees, Loss/Stolen e-Bikes Fees, or all/any other applicable charges incurred by the User as outlined in Annex B, not limited to failure to return Supplemental Equipment, will result in legal action against User. The User shall bear full responsibility for all legal fees associated with the collection of the owed balance, including but not limited to court costs, filing fees, the utilization of an enforcement officer, and any other applicable fees incurred by the Company. The exact amount of these fees shall be determined by the Company and may be imposed on the User as deemed necessary in the collection process.
A. Governing Law/Venue. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between User and Company that arises in whole or in part from this Agreement or use of Services shall be decided exclusively by a Court of competent jurisdiction located in New York, NY. USER IRREVOCABLY CONSENTS TO PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER PROCESS AND AGREES THAT THE SERVICE THEREOF MAY BE MADE BY ELECTRONIC MAIL, CERTIFIED OR REGISTERED MAIL DIRECTED TO USER AT THE ADDRESS AND/OR E-MAIL ADDRESS PROVIDED TO COMPANY PURSUANT TO THIS AGREEMENT.
By filing a Subscription application, you hereby certify the following:
A. I certify that I have read and expressly agree to the terms and conditions of this Agreement, and I acknowledge that this Agreement limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the e-Bike, am competent and physically fit to ride the e-Bike, will not carry passenger(s) on the e-Bike, and will always wear a Helmet while operating the e-Bike.
B. I certify that I am User; I am 18 years old or over; I will take all reasonable safety precautions as required by this Agreement; I will not allow any person other than myself to operate or ride an e-Bike provided to me by Company pursuant to a Subscription. I will obey all traffic laws; I will ride at my own risk; I will not operate the e-Bike while being under the influence of alcohol, substances such as drugs, stimulants, thinners, or medications that affect the safe e-Bike operation; I will not use the e-Bike for illegal purposes, including illegal trade purposes, or transporting contraband; and I have read and expressly agree to the terms and conditions set forth in this Agreement.
C. You certify that you agree to wear a helmet at all times, while operating the E-Bike.
D. You certify that you give the Company authorization to charge your preferred payment method every month for any fees accrued on your subscription.
Any communications and/or notices from User to Company in relation to this Agreement must be sent to Company by email at hello@getwhizz.com. Any communications and/or notices regarding legal and collections matters must be sent to Company by email at legal@getwhizz.com. Routine Company’s communications will be sent to the User’s cell phone number and/or email address through Messengers, or to the mailing address provided by User in User’s Subscription application. Company’s communications may also be sent to Users through notifications or messages within the App. AAny notices deemed necessary for User’s attention while using the Services, including when User’s Subscription is delinquent, will continue to be sent to User in any form as often as the company deems necessary, even after opting out of communications. To stop receiving notices of any kind from Company, User should terminate the Subscription and this Agreement, provided that User has no outstanding debt of any kind. It is User’s sole responsibility to contact Company immediately at hello@getwhizz.com if email address, cellular number and/or address has changed.
A. Failure to Enforce Provision. No waiver by Company of any of the provisions of this Agreement is effective unless set forth in writing and signed by Company. The failure of Company to exercise or enforce any right or provision of the Legal Terms will not constitute a waiver of such right or provision in that or any other instance.
B. No Preclusion. No single or partial exercise of any right, remedy, power or privilege arising from the Legal Terms precludes any other or the exercise of any other right, remedy, power or privilege. Unless stated otherwise, all remedies under this Agreement will be in addition to any other remedies available to either party at law or in equity.
C. Validity of Enforcement. If any provision of the Legal Terms is held invalid, the remainder of the Legal Terms will continue in full force and effect. If any provision of the Legal Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Legal Terms and will not affect the validity and enforceability of any remaining provisions.
D. Non-Transferable. This Agreement, and any rights under it may not be transferred or assigned by User without Company’s express written consent, which may be granted in Company’s sole discretion.
E. Binding Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter and is binding upon the parties and their permitted successors and assigns.
F. Force Majeure. Company and User may be released from certain contractual obligations if extraordinary events occur such as death of User, acts of God, hurricanes, earthquakes and other natural disasters, terrorism, conflicting government acts, labor strikes, supply chain disruption, and other events beyond the control of the Company and User. If possible, User and Company will work to mitigate potential losses from force majeure events.
“Agreement” means this e-Bike Subscription Agreement.
“App” means Whizz application available either on Google Play and the Apple App Store (COMING SOON) or website (getwhizz.com) accessible via mobile device or a desktop browser.
“Battery” means the battery powering an e-Bike and provided by Whizz as part of a Subscription.
“Bonus Account” is the Client's virtual account, replenished by introducing Promo Codes by the Client or directly by the Company in cases determined by the Company. The currency of the bonus account is a virtual US dollar. 1 virtual US dollar is equal to 1 US dollar.
“Damage Fee” means the fee or fees that Company may charge for damage, loss, or theft of the e-Bike, or for violation of the terms of this Agreement, in the amount up to the full costs and fees to be paid in order to repair (if possible) or fully replace the item(s) or part(s) damaged, lost, or stolen, and as may be amended by Company from time to time. Damage Fees for certain types of damage to the e-Bike are listed in the Annex B to this Agreement.
“Effective Date” means the date on which you accept the terms of this Agreement.
“e-Bike” means the bicycle with electric pedal assist and an integrated electric motor powered by Battery provided by Company to Users as part of the Services pursuant to a Subscription and the terms of the Legal Terms, and which can throttle up to 25 miles per hour. The term “e-Bike” includes the Battery and Lock unless otherwise specified.
“Helmet” means a safety helmet designed for bicycle use. User may provide their own Helmet, rent a Helmet from the third parties, or purchase a Helmet from Company upon availability. All Users are always obliged to wear Helmet while operating an e-Bike.
“Legal Terms” means this Agreement, the Terms of Use, and the Privacy Policy collectively.
“Lock” means the bicycle lock provided by Company to User with an e-Bike for the purpose of securing and fastening the e-Bike to a fixed object when not in use.
“Messengers” means SMS, WhatsApp, Facebook Messenger, WeChat, QQ Messenger, Telegram, Viber, Line, or other instant messaging services.
“Personal Account” means a portal used by Users on the Site or in the App to manage their Subscription.
“Privacy Policy” means Company’s Privacy Policy located on and available at the getwhizz.com/privacy-policy/ and incorporated in this Agreement, and as may be amended by Company from time to time.
“Prohibited Area” means (i) any area other than streets with a speed limit equal to or lesser than 25 miles per hour or designated bicycle lanes, (ii) any area in which e-Bikes are prohibited under applicable law from being ridden, and (iii) any area outside New York City.
Prohibited Areas include but are not limited to sidewalks, highways, expressways, parks, or greenspaces other than in designated bicycle lanes, and any area that is unpaved or off-road.
“Promo-Codes” – Promo code is an alphabetic, numeric or combined sequence of characters, the introduction of which goes into a special field in the Client's personal account when paying for the Subscription providing the Client with a discount on the first payment for the Subscription or on the monthly price of the Subscription.
“Protection Plan” means an optional paid service that, if accepted, reduces User’s financial liability for loss of, or damage to the e-Bike, due to theft, attempted theft, or vandalism.
“Services” means the services provided by Company which, for the avoidance of doubt, include (i) the App, the Site, and any social media accounts or pages operated or owned by Company, (ii) the e-Bike and the rental, management, and maintenance of the e-Bike, and (iii) all other related equipment, including services, applications, websites, and information provided or made available by Company, as more fully described in the Legal Terms.
“Site” means Company’s website (located at getwhizz.com) operated by Company and pertaining to the Services.
“Subscription” means a User’s month-to-month rental of an e-Bike from Company pursuant to Legal Terms.
“Subscription Fee” means the fee charged by Company to User on a monthly basis for the Subscription, as described at getwhizz.com.
“Supplemental Equipment” means the materials other than the e-Bike delivered to User by Company at the beginning of the Subscription, which are provided for the purpose of safe usage and storage of the e-Bike by User, including the following: (i) charger for recharging the Battery; (ii) Lock for securing the e-Bike; (iii) Lock key; (iv) Battery; (v) Battery key; (vi) Other supplemental equipment as may be provided by Company to User at its sole discretion.
“Term” means the time period from the Effective Date and while the Subscription is active and in good standing, and not otherwise terminated by Company or User as described in this Agreement. The Term ends when Company or User terminates the Subscription, User returns the e-Bike to Company, and any fees owed to Company are paid by User in full.
“Terms of Use” means Company’s Terms of Use located on and available at the getwhizz.com/terms-of-use/, incorporated in this Agreement, and as may be amended by Company from time to time.
“User” means a natural person who both meets the eligibility criteria described and has been approved by Company for a Subscription.
| Description | Damage Fee |
|---|---|
| Damaging Battery Port by misuse | $250 |
| Any Damage to the battery or the loss of the battery | $350 |
| Any Damage to individual fender | $40 |
| Any misuse that causes damages to brake calipers / shifters (for individual front/back) | $25 |
| Broken, bent or snapped brake levers / shifters | $30 |
| Any bends, or damages to rear derailers | $40 |
| Any damages to lights (individual front or back) | $60 |
| Any water damage or cracks to display as well as any damages to the display buttons | $100 |
| Any bends or cracks along front wheel including rim / hub | $100 |
| Any bends or cracks on rear wheel | $150 |
| Any damages to the motor | $300 |
| Any damage from misuse to the controller | $300 |
| Any scratches or damages to the frame compromising its integrity (not including small cosmetic scratches) | $500 |
| Any bends to handlebars | $50 |
| Any damages to fork cracks, bends, or dents from misuse | $250 |
| Damaging cranks including bends or dents | $100 |
| Damages to pedals | $20 per pair |
| Adding, altering, damaging, swapping seat or seat post | $40 |
| Altering or damaging any electrical cables / components | $150 |
| Altering or damaging any shift / brake cables | $20 |
| Altering or damaging hydraulic brake cable | $40 |
| Damaging or breaking throttle | $40 |
| Damaging, altering or swapping kick stand | $25 |
| Damaging, losing or not returning U-Lock | $60 |
| Losing U-Lock Key 1st time | $15 |
| Losing U- Lock Key 2nd time | $30 |
| Loss/theft/damage of Whizz insulated backpack | $49 |
| Loss or damage to the bicycle alarm or alarm key | $25 |
| Loss or damage to the phone mount holder | $25 |
| Loss/theft/damage of Firesak battery storage bag | $49 |
| Description | Damage Fee (without Protection Plan) |
Damage Fee (with Protection Plan) |
|---|---|---|
| Intentional destruction or loss / theft of the bicycle (including the battery) | $1,200 | $1,200/Protection Plan only applies if the battery, battery keys, u-lock, charger and all other accessories are returned |
| Intentional destruction or loss / theft of the bicycle (if the battery, battery keys, u-lock, charger and all other accessories are returned, in acceptable condition | $800 | $400 |
| Repossession: Company recovery of e-Bike | $300 | Not applicable |
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