Let's make this as simple as possible as nobody, well almost nobody, enjoys reading lengthy murky T&Cs in agreements.
What we will do for you
Provide you with a shiny Segway Ninebot KickScooter, 1 x Helmet & 1x Padlock
If it breaks or has any issues, we will fix or replace it
Provide you with user manuals, quick start guides and offer a free induction on how to safely operate the Scooter
Our mission is to drive the uptake of eMobility and make it cost effective for all not to price gouge. If at any point in the rental period you would like to buy the Scooter we will sell at purchase price (plus 10%) minus the number of monthly subscriptions paid to date.
What we won’t do
Track or hold any information on your use, we will only hold your account details to process payments.
Be liable for your riding skills
Be liable if you intentionally or recklessly damage your BOP Scooter
What we will need you to do
Pay your monthly bill with a card on file (i.e. Debit or Credit card) until the Scooter, helmet & padlock is returned to us;
You will be 100% responsible for the Scooter at all times; that includes locking it, safely storing it and ensuring it is safe to operate;
You will need to notify us of any defects in a timely manner (within 1 week);
You will need to give us 30 days notice to cancel a subscription and return the Scooter to us or arrange collection within the city of hire;
Be a safe & responsible rider;
If you decide to share your ride with someone else, you are responsible for their safety and competence to use the Scooter;
Treat it like you own it, any malicious damage will be charged to your account on return
Return the Scooter in the state you received it. We understand minor wear and tear (such as scratches) will occur, but we will not accept custom modifications or crazy wrap or color schemes.
Look after your helmet and lock as we only issue one of each per user.
What we don’t want you to do
Resell or hire any equipment provided by us;
Modify or take apart the ScooterDoing so will void the manufacturer's warranty and is bad news for us both;
Ride like a possessed demon, and hurt yourself and/or others;
Lose the Scooter, or the lock; they are your responsibility at all times.
What happens when things go wrong?
Your Scooter is stolen, or lost?
The sooner you let us know the better as we can stop your rental fees. We will need to recover the cost of the Scooter minus rental costs paid to date (+ 10% admin fees) from your card on file.
Your Scooter is damaged (outside of normal wear & tear)
The sooner you let us know the better as we can stop your rental fees,. Wwe will need to recover the cost of the SScooter minus rental costs paid to date (+ 10% admin fees) from your card on file.
You miss a payment on your subscription
We will try to take payments 24 hors later.f that is unsuccessful, we will contact you to take payment. If we are unable to contact you and/or account is in debt after 5 business days,we will remotely disable your Scooter and attempt to recover the Scooter. If the Scooter is not able to be recovered, we will engage a debt collection agency to recover the full cost of the Scooter + recovery costs.
This agreement sets out the terms and conditions of hire entered into between the cardholder and the person taking possession of the Scooter (hereinafter jointly and severally referred to as "the Subscriber") and Frenzy App Limited (hereinafter referred to as "the Owner").
3. Scooter Description
"The Owner" will let and "the Subscriber" will take on the ongoing monthly subscription hire of a NineBot KickScooter is hereinafter referred to as the "the Scooter".
4. Terms of the Hire and Scooter Charges
The Owner agrees to provide, and the Subscriber agrees to subscribe to an ongoing monthly subscription rental.
The hire will terminate when the Scooter is returned to the Owner.
5. Total Charges for Scooter Hire and Other Products and Services (including GST):
The Subscriber is responsible for the correct fitting and use of any accessories supplied. The Subscriber is fully liable for the full replacement cost of the Scooter and lock if damaged. Unit replacement costs will be no more than unit cost (ex GST) + 10% Admin fees.
6. Acceptance of Rental Terms & Conditions
The Subscriber agrees to be bound by all of the terms and conditions of hire. The Subscriber acknowledges that he or she is fully liable for any excess owing due to damage of the rental Scooter irrespective of fault.
The Subscriber agrees that he/she has presented the credit card details noted on this Agreement as a bond for the hire and that the Owner is irrevocably authorised to charge this credit card for any actual or consequential liability arising out of the Rental Agreement.
The Subscriber shall ensure that:
All reasonable care is taken when riding and parking the Scooter;
The Scooter is locked and secured at all times when it is not in use;
No person interferes with any part of the Scooter
The Owner is provided with an active credit / debit card at all times. If a card is cancelled or expires, it is the responsibility of the Subscriber to provide the updated card details to the Owner prior to expiry. If the Subscriber fails to do so, the Owner reserves the right to seek the return of the Scooter and lock (by firstly contacting the Subscriber, and if unsuccessful, secondly through a debt collection agency).
7. Activation of Warning Lights, Breakdown and Mechanical Repairs
If any warning light is activated or if the Scooter requires mechanical attention, the rider must stop driving and contact the Owner
The Subscriber shall not arrange or undertake any repairs or salvage without the Owner’s prior authority, except to the extent that repairs or salvage are necessary to prevent further damage to the Scooter or to other property. The Owner is not liable to cover the cost of any repairs or salvage costs that have not been agreed in writing prior to being completed by the Subscriber.
If the Scooter becomes unfit to drive due to a breakdown that was not the fault of the Subscriber, the Owner will refund to the Subscriber the rental charges that relate to the period during which the Scooter could not be used. The Owner undertakes to arrange repair or replacement with another Scooter as soon as practicable.
In the event of an accident the Subscriber shall:
(a) Notify the Owner of the full circumstances as soon as practical via email email@example.com;
(b) Notify the NZ Police if the accident involves injury;
(c) Record full details of all parties, witnesses to and Scooters involved in the accident;
(d) If possible, prepare a written statement of the facts signed by all parties. If agreement can not be reached, obtain a copy of the Police report;
In the event of an accident the Subscriber shall not:
(a) Make any admission of liability;
(b) Arrange or undertake any repairs or salvage without the Owner’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the Scooter or to other property.
9. Subscriber’s Liability for Damage
The Subscriber is absolutely liable for any damage (up to the full amount of the Scooter) irrespective of fault.
In this context, damage includes any and all damage to the Scooter including both vandalism and theft.
10. Subscriber’s Liability for Cleaning Charges
If the Scooter is returned in an excessively dirty condition that requires extraordinary cleaning or deodorising, the Subscriber is absolutely liable for the full cost of this cleaning or repair and any consequent loss of use of the Scooter.
Such charges include but are not limited to cleaning of:
Stickers, Wrap removals
Return of the Scooter and Termination of the Hire
Once you are ready to cancel your subscription, you can do this via email to firstname.lastname@example.org or via our website. You will need to give one month’s notice and arrange to return the Scooter & lock to us or arrange a collection service.
The Owner shall have the right to terminate the agreement and repossess the Scooter (and for that purpose enter any premises and remove the Scooter) at any time, without notification to the Subscriber, and the Subscriber will pay reasonable costs of repossessing the Scooter, in any of the following circumstances:
The Subscriber is in breach of any material term of this agreement;
The Subscriber has obtained the Scooter through fraud or misrepresentation;
The payment for the rental is in arrears;
The Scooter appears to be abandoned;
The Scooter is damaged;
The Owner considers, on reasonable grounds, that the Scooter is endangered.
The NZ Police recommend that the Owner terminate the hire in the interests of road safety.
In the event of such termination or repossession the Subscriber has no right to a refund of any part of the subscription charges. The termination of the hire under this clause shall be without prejudice to the other rights of the Owner under this agreement or otherwise.
12. Calculation of Charges
The Subscriber will be charged for the use of the Scooter and lock monthly in advance from the date of subscription. The Ownerowner calculates monthly fees as one calendar month from the day your agreement is signed.
The Subscriber authorises the Owner will deduct the payments from the Owner’s card on file to cover the monthly charges.
The charge fee is calculated based on the rate subscribed to at the commencement of this contract between the Owner and the Subscriber. The Owner reserves the right to change the subscription fee with one month’s notice to the Subscriber.
All transactions under this agreement are calculated in New Zealand Dollars. Due to exchange rate fluctuations and bank charges there may be variance between amounts charged and amounts refunded to the Subscriber’s credit card. The Owner accepts no liability for any such variations.
13. Release and Indemnity of the Owner
The Subscriber releases the Owner and it’s employees and agents from any liability to the Subscriber, for any loss or damage incurred by the Subscriber by reason of rental, possession or use of the Scooter.
The Subscriber hereby indemnifies and shall keep indemnified the Owner and its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by the Subscriber by reason of the Subscriber’s use and/or possession of the Scooter.
Any indemnity required of the Subscriber shall not operate to indemnify the Owner in respect any negligent act by the Owner.
14. Personal Injury, Personal Property and Storage of Property
Physical injuries as a result of an accident while in New Zealand are covered in most cases under the IPRC Act 2001.
The Owner strongly recommends that all people travelling in New Zealand take out Personal Insurance (Travel, House and Contents, Health and/or otherwise). The Owner does not accept any liability for:
(a) Personal injuries sustained during the rental;
(b) Damage or loss of the Subscriber’s personal property;
15. Claims Against Third Parties
The Owner is not responsible for pursuing any claims the Subscriber may have against third parties for any damage or loss including the Subscriber’s liability paid to the Owner. The Owner will provide an invoice for any amount paid to the Owner by the Subscriber.
In the event that the Subscriber arranges insurance cover (including complimentary credit card insurance) for the Subscriber’s liability or any other amount due under the terms of this agreement, the Subscriber will pay the full sum directly to the Owner and the Owner will provide an invoice for the sum paid. It is not the Owner’s responsibility to provide to the Subscriber or any other party alternate repair quotes, police reports, photographs or any other information that may be required to substantiate the Subscriber’s subsequent claim on their insurance.
16. Privacy Act
The information requested from the Subscriber is to enable the Owner to assess the Subscriber’s request to hire a Scooter. The Subscriber does not have to supply this information, but if the Subscriber does not, then the Owner is unable to hire the Scooter. The Subscriber acknowledges that the Owner will collect, hold and use the Subscriber’s personal information for purposes related to the hire of the Scooter and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the Owner. The Subscriber further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the Subscriber defaults in the payment of any monies owing to the Owner, or other parties involved in an accident with the Scooter while on hire to the Subscriber; or any organisations responsible for the processing or handling of traffic related infringements; and the Subscriber hereby authorises the disclosure of their personal information for such purposes.