(As of May 13, 2021)
You rent from Zap an electric bicycle, which rental is solely a transfer of possession and not of ownership. Unless we determine, in our sole and absolute discretion, to replace the electric bicycle offered to you, you will use the same electric bicycle throughout the duration of your subscription. You hereby acknowledge and agree that any such electric bicycle will remain at all times our property. You agree to the terms in the Zap Subscription Agreement provided any such term is not prohibited by the laws of the Province of Ontario. “You” and “your” refer to the person who signs this Subscription Contract, “we”, “our” and “us” refer to Zap. You also agree that you are not our agent for any purpose; and that you cannot assign, delegate or transfer your obligations under the Zap Subscription Agreement and any discrete part thereof.
Any change in the Zap Subscription Agreement or our rights must be in writing and signed by an authorized Zap representative. You further agree that we have the unilateral right to change the terms of the Zap Subscription Agreement from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on zap.bike and our web applications (collectively, the “Platform”), which date will be indicated therein, without any requirement by you to sign the changed Zap Subscription Agreement. Changes to the Zap Subscription Agreement will be posted as they occur on the Platform and will govern all subscriptions commencing after posting even if the terms provided at the time of your subscription differ from the terms outlined in the changed Zap Subscription Agreement.
The word “electric bicycle” in the Zap Subscription Agreement means the electric bicycle rented to you or its replacement and includes tires, tools, keys, key fobs, lock(s), charger, equipment, included and optional accessories, documents, and any other products or property provided by Zap with the electric bicycle and/or separately rented to you by Zap unless otherwise explicitly specified in the Zap Subscription Agreement.
You represent to Zap that you are a capable bicycle operator and will remain a capable bicycle operator throughout the term of your subscription. You agree that we have the right to verify that your government issued identification has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to your subscription and that we may in our sole discretion refuse to rent an electric bicycle to you if your government issued identification is not validly issued or not in good standing. We reserve the right to deny subscriptions based upon:
- 1.authenticity of your government issued identification or other credentials;
- 2.the inability to verify your identity or payment methods; or
- 3.any other information received from any other source in the business of validating an identity that we believe to be reliable.
We reserve the right to validate your credentials and that your government issued identification is in good standing periodically without notice to you except as required by law. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you subscribe with us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may operate the electric bicycle (each a “Permitted Rider”), but only with your prior permission. Any Permitted Rider must be at least 16 years old and must also be a capable electric bicycle operator at all times during which such person is operating the electric bicycle. You acknowledge that you will remain financially responsible under the Zap Subscription Agreement at all times even if the electric bicycle is operated by a Permitted Rider or someone other than yourself. WE STRONGLY RECOMMEND THAT YOU WEAR A SAFETY CERTIFIED BICYCLE HELMET THAT HAS BEEN PROPERLY SIZED, FITTED, AND FASTENED, ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS. YOU HEREBY AGREE THAT, WHEN RIDING AN ELECTRIC BICYCLE, YOU MIGHT NEED TO TAKE ADDITIONAL SAFETY MEASURES AND PRECAUTIONS THAT ARE NOT SPECIFICALLY ADDRESSED IN THE ZAP SUBSCRIPTION AGREEMENT. You hereby represent, warrant and agree that you:
- 1.are a safe and competent bicycle operator;
- 2.are sufficiently fit and physically capable to safely ride a bicycle without any risk to your health;
- 3.are knowledgeable about the operation of a bicycle; and
- 4.are knowledgeable about the laws pertaining to bicycles, electric bicycles and all other relevant traffic and motor vehicle laws operated within the city in which you ride the electric bicycle.
LIKE ANY PHYSICAL ACTIVITY, RIDING AN ELECTRIC BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE AN ELECTRIC BICYCLE, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.
You agree to return the electric bicycle to us in the same condition you received it, ordinary wear and tear excepted, on the date and at the time scheduled for pick-up in the Subscription Contract. The scheduled date & time must be within the 7 day period after the last day of your Subscription Contract. If no date and time is scheduled with Zap your subscription will resume on a monthly basis until a pick-up is scheduled.
You must return it sooner on our demand. If you do not return the electric bicycle to us as and when required under the Subscription Contract, you may be subject to criminal penalties. If you return it earlier or later, a different or higher subscription rate may apply and, if returned later, you may also be charged a late return fee.
- 1.You may find a list of our Fees and Charges on the Platform.
- 2.You will pay for the period of time you rent the electric bicycle at the rate indicated in the Subscription Contract. You may terminate your subscription at any time within the first fourteen (14) days of your subscription. If you terminate your subscription you will not be refunded for what you have already paid.
- 3.You’ll also pay all applicable taxes as well as any additional charges provided in the Zap Subscription Agreement which are over and above the base subscription rate. These may be surcharges and/or recovery fees to recover certain costs.
- 4.If the key(s) or key fob(s) are not returned with the electric bicycle, you will be charged additional fees.
- 5.Upon your execution of the Subscription Contract, we reserve the right to ask you for a deposit and upon the termination or expiration of your subscription, we will refund such deposit to you, less the cost of any repair or maintenance required to be performed on your rented electric bicycle. Any deposit collected by us may be kept in an interest-bearing account and no interest shall be paid or be payable to you upon our refund of your deposit.
- 6.You and any third party to whom any subscription charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so on behalf of the third party.
- 7.Zap makes every effort to ensure that all prices and descriptions quoted on the Platform or elsewhere are correct and accurate. However, in the case of a manifest error or omission, Zap reserves the right to rescind the Zap Subscription Agreement, even if we have already accepted your subscription and/or received your payment. Our liability in that event will be limited to the return of any money that you have paid with respect to the subscription. In the case of a manifest error in which we permit you to keep your subscription, we reserve the right to require that you pay the difference between the quoted price and the correct price, as confirmed in writing by Zap after the manifest error has been discovered. A “manifest error”, as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by Zap which is more than fifteen percent (15%) less than the price that would have been quoted had the mistake not been made.
You may not cancel your subscription at any time following the fourteenth (14th) day of the date of this Subscription Contract. We may terminate your subscription at any time with immediate effect and without prior notice to you if:
- 1.you fail to make any payment due to us at any time;
- 2.you make an assignment in bankruptcy for the general benefit of your creditors or file a proposal, or have served upon you a petition for such an order;
- 3.you violate any of the terms or obligations outlined in the Zap Subscription Agreement;
- 4.fraud has been committed or we have a reasonable belief that fraud has been committed;
- 5.you refuse to arrange for maintenance or repair of your rented electric bicycle, or otherwise do not cooperate with any maintenance or repair;
- 6.we had previously terminated a subscription of yours;
- 7.we have some other reason for believing that you will not comply with the terms of the Zap Subscription Agreement; or
- 8.if your rented electric bicycle is repossessed by us in accordance with the Subscription Contract;
Upon the termination of your subscription for any reason whatsoever, you must:
- 1.immediately pay us the total amount that you would have paid throughout your subscription had your subscription not been terminated early (the full remaining balance of your subscription); and
- 2.immediately contact us to arrange for the pick up of your rented electric bicycle and you must return said electric bicycle to us in the same condition as it was supplied to you. If you do not immediately return your rented electric bicycle to us, you shall be liable to us for the full retail purchase price of a new electric bicycle along with any and all other costs, fees and losses incurred by us as a result of your failure to promptly return your rented electric bicycle to us. You authorize us or our third-party service providers to charge your designated payment method for these charges.
You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Zap Subscription Agreement, as indicated in the Subscription Contract, based on your representations about this subscription, may be set aside or reserved by the card issuer of the card, which you present for payment of your subscription charges; or, if you use a debit card, funds in the account to which that card is linked may be set aside for the amount of the estimated total charges due under the Zap Subscription Agreement, based on your representations about your subscription. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the subscription. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your subscription (our pick-up of the electric bicycle and our determination of whether any additional fees or charges apply), and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
We can repossess the electric bicycle at any time in our sole discretion for reasons that include, but are not limited to, the fact that the electric bicycle is found illegally parked, being used to violate the law or the terms of the Zap Subscription Agreement, or appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the electric bicycle, including tracking the location of the electric bicycle through GPS tracking devices and utilizing for our benefit any other devices connected to the electric bicycle or affecting the electric bicycle’s operation. If the electric bicycle is repossessed, you agree to pay or reimburse us for the actual and costs incurred by us to repossess the electric bicycle. You agree that such costs will be charged to the credit or debit card or account you used for your subscription.
For the duration of your subscription, we will carry out maintenance and repairs on your rented electric bicycle only insofar as such work is required as a result of normal wear and tear through normal use. It shall be your sole responsibility to notify us of any requirements for maintenance and repair and we will arrange for pick up of your rented electric bicycle for the purposes of such maintenance and repair provided that we shall only be required to pick up the electric bicycle. Any repair or maintenance that is performed by us on your rented electric bicycle as a result of issues arising not out of normal wear and tear shall be at your sole cost and expense. You hereby acknowledge and agree that you shall not attempt to repair or maintain your rented electric bicycle on your own or by any using the services of any other individual or entity other than us.
In the event of loss or damage to the electric bicycle or other loss or damage arising in connection with the use of the electric bicycle, you must:
- 1.Provide Zap with details of the incident including
- 1.an accurate description of the incident e.g. state stolen and the location,
- 2.name, address and license number, of any other person involved,
- 3.registration of any other vehicles involved,
- 4.names and station of any police officers involved;
- 2.Report the incident in writing to Zap within 24 hours of the incident, together with a copy of the police report and event number, in the event the electric bicycle is stolen;
- 3.Return all parts of the electric bicycle which have not been damaged or stolen (e.g. keys, battery, charger, etc) to Zap.
Damage & Theft Cover: If you have opted in for Damage & Theft Cover, your liability for loss or damage to the electric bicycle will be limited to $300, as long as you are not otherwise in breach of this agreement, you notify Zap within 24 hours of the incident occurring.
If you have not opted in for Damage & Theft Cover and the electric bicycle is damaged, you will be liable to pay Zap the amount required to return the electric bicycle to its pre-rental condition, up to a maximum $1,500, being the replacement value of the electric bicycle. You agree to pay such an amount immediately on demand.
If you have not opted in for Damage & Theft Cover and the electric bicycle is lost or stolen, you will be liable to pay Zap the amount of $1,500, being the replacement value of the electric bicycle, plus any additional costs incurred by Zap incidental to the loss or theft of the electric bicycle, by way of liquidated damages. You agree to pay such an amount immediately on demand.
You hereby agree to comply with the following for the Term:
- 1.maintain the electric bicycle to the same standard in which the electric bicycle is supplied to you in;
- 2.regularly check tire pressure and, where necessary, inflate the tires and regularly check the sturdiness of moving parts;
- 3.ensure that the electric bicycle is at all times safe in traffic and used safely;
- 4.arrange for repair by us of any damage to the electric bicycle; and
- 5.report to us any defects in the electric bicycle and errors immediately by contacting us by one of the methods outlined on the Platform;
You shall have a secure, indoor location to lock the electric bicycle overnight. If you do not, you shall get advanced authorization from Zap for the location that you would like to park the electric bicycle overnight. Never park the electric bicycle overnight on the street, or in an insecure location that is visible from the street.
You understand that you are not authorized to repair or have the electric bicycle repaired without our express prior written consent. If you repair or have the electric bicycle repaired without our consent, you will pay the estimated cost to restore the electric bicycle to the condition it was in prior to your subscription. If we authorize you to have the electric bicycle repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt.
Standard services are provided at no cost to you during the Term, however if Zap or their representative identifies any damage requiring repair (apart from fair wear and tear), including (but not limited to) a flat battery, flat or punctured tire, lost keys to locks or other accidental damage, you will be responsible to pay for such repairs.
Certain uses of the electric bicycle and other actions you or a rider may take, or fail to take, will violate the Zap Subscription Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR SUBSCRIPTION. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this paragraph if any of the following occurs:
- 1.You use or permit the electric bicycle to be used:
- 1.by anyone other than a Permitted Rider without our written consent
- 2.to carry passengers or property for hire;
- 3.to tow or push anything;
- 4.to be operated in a test, race or contest or on unpaved roads;
- 5.while the rider is under the influence of alcohol, any controlled substance, including without limitation, any federally controlled substance outlined in the Controlled Drugs and Substances Act (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law;
- 6.for conduct that could be charged as a crime such as a felony or misdemeanour, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking;
- 7.recklessly or while overloaded.
- 2.You or an additional rider, whether authorized or not:
- 1.fail to promptly report to Zap any damage to, or loss of, the electric bicycle when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation;
- 2.where required by law, failed to report an accident to law enforcement;
- 3.obtained the electric bicycle through fraud or misrepresentation;
- 4.leave the electric bicycle and fail to remove the keys and the electric bicycle is stolen or vandalized;
- 5.intentionally or with willful disregard cause or allow damage to the electric bicycle;
- 6.make alterations to the electric bicycle that cannot be reversed without causing damage to the electric bicycle;
- 7.use the electric bicycle for commercial purposes (such as leasing/subleasing);
- 8.exceed the maximum load of the electric bicycle specified by the manufacturer;
- 9.manipulate, decompile, reverse engineer, or disassemble in any way the electronics, hardware and/or software of the electric bicycle;
- 10.park the electric bicycle in any place where this is prohibited;
- 11.grant a security interest in the electric bicycle;
- 12.make copies of the key(s) supplied with the electric bicycle; or
- 13.operate the electric bicycle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages.
If you violate the terms of the Subscription Agreement, we may be forced to incur charges as a result of your breach. You agree to pay us or to reimburse us for any and all such fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred by us as a result of your breach of the Subscription Agreement. You agree we may, in our sole discretion, pay all tickets, citations, fines, penalties and interest on your behalf as a result of your subscription directly to the appropriate authority and you will reimburse us for what we paid to the appropriate authority or their designated agents and any attorneys’ fees and expenses we incur. You agree and acknowledge that we cooperate with all federal, provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required. In the event we use a third party collection service or agent to resolve any disputes, tickets, citations, fines, penalties, and interest, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You acknowledge that you have no right to contest any such infraction or enter any plea other than guilty or no contest unless we consent to your action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil or criminal penalty. You agree to indemnify and hold us and any other agent we authorize harmless for any such disputes, tickets, citations, fines, penalties, interest and administrative fees.
You understand that unless required by applicable law, we will not provide insurance coverage of any kind whatsoever. You shall defend, indemnify, and hold us, our parent and affiliated companies, and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner arising from the Zap Subscription Agreement or from the use of the electric bicycle by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such events or losses. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH YOUR SUBSCRIPTION. WE DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY ELECTRIC BICYCLE AND/OR ANY HELMET, AND YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INJURY SUFFERED BY ANY PERSON WHILE RIDING AN ELECTRIC BICYCLE, WHETHER OR NOT SUCH PERSON IS WEARING A HELMET AT THE TIME OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR.
We are not responsible for loss of, theft, or damage to any property in or on the electric bicycle, in any service vehicle, such as a transit van or bus, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage caused by your property.
If you do not pay all amounts due to us under the Zap Subscription Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the electric bicycle including, without limitation, payment for loss of or damage to the electric bicycle, subscription charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, then:
- 1.you agree to pay a late charge of two percent (2%) per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”);
- 2.you agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent(s), to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this paragraph and may use the address provided by you via the Platform, or in any customer profile, as the place to send any demands or collection notices; and
- 3.in the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
We may use GPS tracking devices to track or locate electric bicycles which may be unavailable for their scheduled pick-up, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. You should have no expectation of privacy or confidentiality as to the places where the electric bicycle is operated while rented to you.
We may transfer our rights and obligations under the Zap Subscription Agreement to another party, but this will not affect your rights or obligations. You may only transfer your rights or obligations under the Zap Subscription Agreement to another person if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of the Zap Subscription Agreement operate separately. If any court of competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect. The Zap Subscription Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts located in the Province of Ontario in any legal suit, action or proceeding arising out of or based upon the Zap Subscription Agreement.
You agree to cooperate and coordinate with Zap generally and to take any actions Zap requests in connection with:
- 1.the Zap Subscription Agreement;
- 2.your use and return of the electric bicycle; and
- 3.any disputes, actions, proceedings, suits, and investigations related to this Zap Subscription Agreement or your use of the electric bicycle, including without limitation, execution and delivery of any documents Zap requests, giving testimony under oath, and taking any other actions Zap requests related to the Zap Subscription Agreement or your electric bicycle rental.