RENT-TO-OWN SUPPLEMENTAL AGREEMENT
Last Updated: 5/30/2023
My Device Inc., a Delaware corporation, d/b/a Whizz (“Whizz,” “Company,” or “we”) welcomes you (“you” or the “User”) to use our Rent-to-own 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. The supplemental terms and conditions set out in this Rent-to-own supplemental agreement apply to you (in addition to the terms and conditions of the E-bike Subscription Agreement available at https://getwhizz.com/agreement/). To the extent that there is any conflict between this Rent-To-Own Supplemental Agreement and E-bike Subscription Agreement, the terms and conditions contained in this Rent-To-Own Supplemental Agreement will control.
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.
NOW THEREFORE, in consideration of the mutual promises and benefits contained herein, the User hereby agrees as follows:
- RENT TO OWN E-BIKE TERMS.
- Rent to Own E-bike. User acknowledges and agrees that User desires to own the E-bike (as described below in Paragraph 1.2). User shall only own the E-bike once User has paid the Down Payment (as described in Paragraph 1.3); all twelve (12) of the Monthly Payments (as described in Paragraph 1.4); and/or any and all additions fees and/or expenses owed by User to Whizz via the terms of the E-bike Subscription Agreement.
- Description of E-bike. 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 Rent-to-own 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. (the “E-bike”).
- Down Payment. User agrees to make an initial non-refundable, to the extent permitted by law, down payment (the “Down Payment”) in the amount indicated on the Site getwhizz.com no later than the moment User receives the E-bike. Down payment goes toward the ultimate purchase of the E-bike. Notwithstanding the foregoing, Whizz is not obliged to hold the Down Payment in trust for User, and User agrees that Whizz is free to treat the Down Payment as its own monies and User has no proprietary right to the Down Payment.
- Monthly Payments. User agrees to make twelve (12) monthly payments in the amount indicated on the Site getwhizz.com (the “Monthly Payment”) to Whizz. The initially monthly payment shall be paid in conjunction with the Down Payment as described above and shall be paid no later than the moment User receives the E-bike.
- Option to Switch from Rental to Rent-to-Own. If User initially opted for a rental agreement, User has the option to switch to a rent-to-own agreement within the first four (4) months from the start date of the rental. If User chooses to make this switch, the Down Payment (as described in Paragraph 1.3) must be made immediately prior to the switch and the monthly payments made under the rental agreement will be counted towards the twelve (12) Monthly Payments under the rent-to-own agreement. The switch, the Down Payment, and any necessary adjustments to the Monthly Payments must all occur no later than four (4) months from the start date of the rental agreement.
- Return of E-bike. User may return the E-bike at any time during the twelve (12) month period from the Effective Date from the moment User receives the E-bike. Should User return the E-Bike to Whizz prior to paying the Down Payment and all twelve (12) of the Monthly Payments, User shall not have any ownership in the E-bike and no payments made by User to Whizz as of the date of return of the E-bike shall be refunded to User.
- Transfer of Ownership of E-bike to User. Ownership of the E-bike shall only be transferred from Whizz to User when User successfully pays the Down Payment and all twelve (12) monthly payments in full to Whizz. Additionally, any and all late fees, damage fees, any other fees stemming from the E-bike Subscription Agreement, etc. need to be paid in full by User to Whizz before ownership of the E-bike is transferred to User. User acknowledges and agrees that on transfer of ownership of the E-Bike to User, this Agreement as well as E-bike Subscription Agreement terminates and all obligations incurred by Whizz under this Agreement and E-bike Subscription Agreement (in particular but not limited to those relating to servicing and maintenance) expire, save for those provisions which survive termination.
THE E-BIKE IS TRANSFERRED TO USER BY WHIZZ ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT THOSE REQUIRED BY CONSUMER PROTECTION LAWS, WHIZZ DISCLAIMS ALL REPRESENTATION AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, REPRESENTATION AND WARRANTIES RELATED TO THE CONDITION, MERCHANTABILITY OR FITNESS OF THE E-BIKE. USER ACKNOWLEDGES THAT USER WILL INSPECT THE E-BIKE TO USER SATISFACTION PRIOR TO ELECTING TO PURCHASE THE E-BIKE AND WILL BE FAMILIAR WITH THE BIKE DUE TO USER PRIOR USE THEREOF DURING THE TERM OF THE AGREEMENT.
- Ownership Risk. Ownership risk in the E-Bike is formally transferred to User upon User election to purchase the Bike and making the payments contemplated above.
- User acknowledges and agrees that by entering this Rent to Own Supplemental Agreement, any and all E-Bike replacement terms provided in the E-Bike Subscription Agreement shall not apply to User with respect to the E-Bike provided by Whizz to User hereunder.
- Except as set forth in this Agreement, all other terms and conditions of the E-bike Subscription Agreement shall remain in full force and effect. Only where the terms of this Agreement are specifically contrary to or inconsistent with the terms of the E-bike Subscription Agreement will the terms of this Agreement supersede the terms of the E-bike Subscription Agreement.
- The rent to own option of the E-bike contained herein is exclusive and non-assignable to User. Should User attempt to assign, convey, delegate and/or transfer this rent to own option without Whizz’ express written consent, any such attempt shall be deemed null and void.