The services made available to Users of KIWIRIDE scooters are provided only on the condition that the User agrees to the terms and conditions in this user agreement between User and GP Solutions DMCC — owner of the “KIWIRIDE” brand. Either by accepting this agreement or by using the services, the User acknowledges that he or she has read, fully understands, and agrees to be bound by the terms of this agreement.
If you have any questions regarding this agreement or the services, please contact KIWIRIDE via email on email@example.com.
“Agreement” means this User Agreement.
“App” means the KIWIRIDE proprietary software applications, accessible via a mobile device or computer, by which members may access the Services.
“Corporate User Agreement” means the agreement between a duly registered business or other legal entity, and KIWIRIDE; to provide Services to the employees or members of such business or other legal entity.
“Effective Date” means the date on which your Application is approved by KIWIRIDE.
“Rate Schedule” means the rate schedule currently referenced at https://KIWIRIDE.com, which may be updated by KIWIRIDE from time to time, and is expressly incorporated herein by reference.
“Rules Schedule” means the rules schedule currently referenced at https://KIWIRIDE.com/safety, which may be updated by KIWIRIDE from time to time, and which is expressly incorporated herein by reference.
“KIWIRIDE” means GP Solutions DMCC — a UAE registered Company with its principal place of business at 3504, Liwa Heights Building, JLT, Dubai.
“KIWIRIDE Scooter” means the electric kick scooter vehicles or other transportation device (hardware only), owned and provided by our subsidiary KIWIride UK Limited, to the User in accordance with the User Agreement.
“Services” means the KIWIRIDE services as described in the Application and made available through the Site or the Apps.
“Site” means the KIWIRIDE website located at www.kiwiride.com.
“User” means an individual that has registered with KIWIRIDE to use the Services.
“User Account” means a portal provided by KIWIRIDE that is used by the User to manage account details, billing information and other User information (e.g., name, address, email address, use privileges).
“User Fees” means the agreed-upon fees set forth in an Application, and as adjusted from time to time and described in the Rate Schedule.
“Term of Use” means the agreed-upon time period set forth in an Application, and all subsequent renewal periods.
Contingent on KIWIRIDE’s acceptance of the User’s Application, and subject to the terms and conditions of this Agreement, KIWIRIDE will provide the User with the Services as set forth in the Application for the User Term. User may use the Services solely for the User’s own purposes (not for the benefit of any other person or entity) during the User Term.
If a business or other legal entity has entered into a Corporate User Agreement, the Users covered by that Corporate User Agreement may use the Services solely for the purposes set forth in the Corporate User Agreement. Communicating allowable uses to such Users will be the responsibility of the business or other legal entity. KIWIRIDE shall not be responsible for such communication.
Purpose of the Agreement: This Agreement is an Electrical Scooter-share service agreement between KIWIRIDE and User, but does not in itself confer any right of use of the KIWIRIDE Scooters. The User may use KIWIRIDE Scooters provided through KIWIRIDE after duly completing the registration process. The User does not, by this Agreement or otherwise, acquire any rights of ownership or control over KIWIRIDE Scooters, its operations or finances; nor that of any vehicle or other transportation device made available for use to Users.
KIWIride UK Limited, is the owner of the KIWIRIDE Scooter (hardware only) and any item it makes available to User is solely through GP Solutions DMCC during the term of this Agreement.
Changes to User’s Agreement: KIWIRIDE retains the right to change, limit or deny the Services to a User for any reason at any time.
To be eligible for the Services, the User must:
Own or control a mobile device that is compatible with the KIWIRIDE App. The User is responsible for obtaining, at the User’s own expense, all equipment and services needed to access the Services via such mobile device. The User understands that its wireless carrier may charge it certain fees for data, text messaging, and other wireless access or communications services. KIWIRIDE does not guarantee that the App can be accessed through all wireless devices or service plans or are available in all geographical locations.
Be at least 14 years old or be the Parent or Legal Guardian of a User who is below 14 years of age; has read and agreed to the terms, conditions, and agreement set forth, and authorized the use of the Services by the (major or minor) User.
3. FEES & PAYMENT
Fees. The User agrees to pay to KIWIRIDE the Start Fee and other per-minute charges, in accordance with the User’s ride duration until the User ends the ride, as is hereby expressly incorporated into this Agreement by reference.
Renewal: the User selects a plan by buying a voucher. KIWIRIDE will immediately charge the voucher payment to the User’s selected payment method. If the User selected the option of auto renewal, this transaction shall happen automatically and charge the voucher fee for successive purchases, unless user cancels auto renewal option, or selects a different plan.
No Refunds. All fees relating to the User, including the User Fees, Plans, reloads, and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable.
Method of Payment. The User shall pay all fees and costs incurred when due, including application fees, User Fees and other costs and fees as provided in this Agreement and the Rate Schedule. The User agrees that KIWIRIDE may charge the User’s selected payment method for any such payments. KIWIRIDE accepts payments through payment methods detailed on the applicable payment screen, which may include various credit or debit cards, ApplePay, SamsungPay, etc. The User may be asked to provide the Payment Gateway Service Provider with a credit or debit card number from a card issuer that KIWIRIDE accepts in order to activate and/or pay for any fees related to the Services.
Pre-Authorization. KIWIRIDE Payment Gateway Service Provider may seek pre-authorization of User’s credit or debit card account prior to a fee or cost becoming due in order to verify the card is valid and/or has the necessary funds or credit available to cover such fees or costs.
Disputed Charges. The User agrees to submit any disputes regarding any charge to the User in writing to KIWIRIDE within 30 calendar days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Delinquent Accounts. Any User Account which is delinquent will be suspended or terminated solely at KIWIRIDE’s discretion. Any credit card which is rejected may result in suspension or termination of the User, solely at KIWIRIDE’s discretion. The User must notify KIWIRIDE in the event of the credit card on record being changed, expiring, or being no longer valid, and replace it with a valid credit card. KIWIRIDE Scooter may seek third party assistance with unpaid or delinquent accounts, if the User does not pay outstanding charges.
Maximum rental time and charges. Maximum rental time of a KIWIRIDE Scooter is 24 hours from the actual time of start of the rental ride by the User. User agrees to deactivate a KIWIRIDE scooter rental within 24 hours of time that rental of the KIWIRIDE Scooter began. User may then rent again. User agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking the KIWIRIDE Scooter. The prevailing maximum day (24 hours) charge is GBP 500.00 for each electric scooter. After return of the KIWIRIDE Scooter, the User will be charged the accumulated rental charges, or the maximum day charge; whichever is lower. A KIWIRIDE Scooter not returned (locked and a ride concluded within service zone) within 48 hours will be considered lost or stolen, and User may be charged up to GPB 1,000.00 for each Scooter, and a police report may be filed. KIWIRIDE may also charge a collection service fee of GBP 100.00 for rentals in excess of 24 hours where the KIWIRIDE Scooter is not lost or stolen.
The User agrees to return the KIWIRIDE Scooter to KIWIRIDE in the same condition in which it was rented. Until the KIWIRIDE Scooter is locked, the User shall be responsible for loss and damage to the Scooter. The User will not be responsible for normal wear and tear.
The User shall, at no time, attempt to electrically charge the battery of the KIWIRIDE scooter, because KIWIride UK Limited is solely authorized and responsible for charging and recharging the scooter batteries.
The User acknowledges that he/she is fully aware that any KIWIRIDE scooter is designed to carry a maximum weight to 120 kilograms. The User shall be responsible for any damage to the scooter due to excess weight on the scooter at any time or place during the rental period.
5. DUTIES & RESPONSIBILITIES OF USER
Acknowledgment. The User declares to KIWIRIDE that the User has received all reasonable explanations of the content of this Agreement, the Rules and the Rate Schedule currently in force and that it has taken all reasonable and prudent measures to ensure that it has correctly understood all of its commitments and obligations.
Reporting of Accidents and Cooperation. If, while User is in possession of a KIWIRIDE Scooter, the KIWIRIDE Scooter is involved in an incident that results in injury or damage to a third party or third-party property, the User must immediately inform the police and obtain an official police report. The User must then contact the hotline number 800KIWI(5494) within one hour and provide the following information to KIWIRIDE:
- Date, time and location of incident
- Identification information of any individual(s) involved (e.g. name, ID details, contact number)
- Identification information for any other vehicles involved (e.g., license plate, vehicle identification number, make and model)
- Insurance information for third party vehicles involved (e.g., policy number, name, address and phone number of insurance agent)
- Contact information for third parties involved and owners of involved vehicles, if different (e.g., name, address, phone number, driver’s license number)
- Contact information for witnesses (e.g., name, address, phone number); and Circumstances surrounding event
The User must not, without KIWIRIDE’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident. In the event of injury or damage to a KIWIRIDE Scooter, a third party or third-party property, the User agrees to cooperate fully with KIWIRIDE’s investigation of such event and the defense of any resulting claim or litigation.
The User agrees that KIWIRIDE or its insurer may at its own cost bring, defend, enforce, or settle any legal proceeding against a third party in the User’s name in relation to the incident.
7. INDEMNIFICATION & LIMITATION OF LIABILITY
The User agrees to indemnify, defend, and hold KIWIRIDE harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by KIWIRIDE arising from or related to the User’s use of a KIWIRIDE Scooter or any person permitted by the User to use a KIWIRIDE Scooter.
Indemnification of KIWIRIDE UK Limited. The User agrees to indemnify and hold harmless, third-party garages or locations where KIWIRIDE parks KIWIRIDE Scooters for Users to pick up, drop off, or otherwise operate during the course of their reservation or while present at said locations using the KIWIRIDE Scooter app and/or with any purpose associated with their KIWIRIDE Scooter membership.
Limitation of KIWIRIDE’ liability. Except to the extent that any loss or damage is due solely to KIWIRIDE’S negligence: KIWIRIDE makes no warranty, express or implied, as to any matter whatsoever including, without limitation, the condition of a KIWIRIDE scooter, its merchantability or fitness for a particular purpose. KIWIRIDE is not liable for any indirect, special or consequential damages arising out of user’s use of a KIWIRIDE scooter.
KIWIRIDE shall not be responsible for any loss of, or damage to, any goods in or on the KIWIRIDE Scooter, including User’s mobile device that is running the App, nor shall it be responsible for any loss or damage to third parties for the actions taken by any User during the period User is responsible for a KIWIRIDE Scooter.
KIWIRIDE does not guarantee the availability of a KIWIRIDE Scooter for use by the User. The use of KIWIRIDE Scooters by Users is subject to availability, on a first-come, first-served basis, and although KIWIRIDE’ makes an effort to meet the demand for KIWIRIDE Scooters by Users, KIWIRIDE cannot guarantee that supply will be adequate to provide a KIWIRIDE Scooter to User at any given time. KIWIRIDE cannot and does not guarantee the availability or functionality of a KIWIRIDE Scooter, whether or not reserved, and shall not be responsible for any direct, indirect, incidental or consequential damages or injuries arising from the reservation, non-availability, supply, operation or use of a KIWIRIDE Scooter, even if it has been advised of the possibility of such damages.
KIWIRIDE shall not be responsible for direct, indirect, incidental or consequential damages or injuries arising from the use of any KIWIRIDE Scooter accessories supplied by KIWIRIDE (e.g., helmet, lock, etc.). The User is responsible for the safe use of such accessories and must check their condition before each use. If any accessory is found not to be in good condition or working order, the User should not use such accessory and should promptly notify KIWIRIDE and request a replacement.
Any use of a KIWIRIDE scooter that is prohibited by this agreement voids all insurance, accident, or liability coverages, including any CDW (where permitted by law); makes KIWIRIDE subject to immediate recovery without notice to the User; and makes the User responsible for all loss or damage to, or connected with the KIWIRIDE scooter, including KIWIRIDE’s expenses, to the extent that such loss or damage is due to such prohibited use.
8. CHANGES TO THE AGREEMENT, TERM, NOTICES
KIWIRIDE reserves the right to revise this Agreement at its sole discretion at any time, and shall give notice to the User of such revisions. Notice will be considered given when the revised Agreement is posted to the Site or on the App or when sent by email to the User’s email address in KIWIRIDE’s records. Any revisions to the Agreement are effective upon such notification. The Agreement will be identified as of the most recent date of revision. The User should visit this page regularly to ensure its continued acceptance of this Agreement. The User’s continued use of the Services after any revision to these Terms constitutes its binding acceptance of the revised Agreement. Notwithstanding the preceding sentences of Section 7, no revisions to this Agreement will apply to any dispute between User and KIWIRIDE that arose prior to the date of such revision.
Term and Termination of the Agreement. The Agreement shall be in force until terminated pursuant to this Section 7 or as otherwise provided in the Agreement, as applicable.
Termination by User. The User may terminate this Agreement at any time without cause upon one week’s written notice to KIWIRIDE. In order to be effective, notice of termination must be sent to KIWIRIDE by email at firstname.lastname@example.org.
Termination by KIWIRIDE. Without cause, KIWIRIDE may terminate this Agreement at any time without cause upon one week’s written notice to User.
For Cause. This Agreement shall be automatically and immediately terminated, upon written notice by KIWIRIDE to the User if the User: is not making payments as such payments become due; becomes insolvent; files, or has filed against it, a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days after the filing of such petition (or document); proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors; makes a general assignment for the benefit of creditors; if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of its property or business; or is convicted of a driving-related criminal offense (e.g. driving under the influence of alcohol or controlled substances, hit-and-run, reckless driving).
KIWIRIDE may, at any time, without notice, immediately terminate the Agreement if the User fails to pay any sum due under the Agreement or the Rate Schedule.
KIWIRIDE may, at any time, without notice, immediately terminate the Agreement if the User does not comply with any term or condition specified in the Agreement or the Site or the App.
In case of termination, the User agrees to return immediately to KIWIRIDE any KIWIRIDE Scooter, or any other article the User might have in its possession.
The User agrees to pay any attorneys’ fees, court costs or costs of other legal procedures necessary for KIWIRIDE to recover any amounts due and owing, the KIWIRIDE Scooter or any other object the User might have in its possession under this Agreement. The User shall be responsible for any fees or costs incurred up to and including the date of termination.
Penalties. In addition to all its other rights and recourses set out in the Agreement, KIWIRIDE reserves the right to impose service fees on the User, in case of non-observance by the User of any provision of this Agreement, in the manner and amounts specified in the Agreement and/or the Rate Schedule.
Choice of Legal Jurisdiction. This Agreement shall be construed and enforced in accordance with, and the rights of the parties hereto shall be governed by, the laws of United Arab Emirates. Each of the Parties hereby irrevocably submit themselves to the jurisdiction of the courts in United Kingdom, in the Council of KIWIRIDE’s choice. The prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.
Notices. The User must provide any notice required in accordance with this Agreement via the User Account or the following email address: email@example.com. KIWIRIDE’s routine communications regarding the Services and any legal notices will be sent to the User either electronically (via User Account, the User’s email address on record, or by text message to the User’s mobile device using the number provided by User), by United Arab Emirates mail or by courier, except that KIWIRIDE may give notice of an amendment to the Agreement by posting the notice on the Site, the User Account, or by email to the email address on record. By providing the User’s mobile telephone number to KIWIRIDE, the User consents to receiving text messages from KIWIRIDE relating to the provision of the Services. Notices are deemed received as of the time delivered. KIWIRIDE may periodically send User messages of an informational or advertising nature via email. User may choose to “opt-out” of receiving these messages by selecting the “opt-in” or “opt-out” link, as the case may be, at the foot of every such email. The User acknowledges and agrees that notwithstanding User’s request to opt out from such messages, KIWIRIDE may still send and the User may still receive emails or text messages reasonably required for the proper conduct of the Services. If the User does not wish to receive any messages from KIWIRIDE, the User must terminate the User Account and cease to use the Services.
Data Breach Notification. Notwithstanding the User’s determination to opt-out of receiving electronic messages or cease use of the Services, the User agrees that in the event an incident occurs in which a third party obtains unauthorized access to the User’s personal data provided to KIWIRIDE, the User agrees that should KIWIRIDE become legally obligated to provide notice of such unauthorized access KIWIRIDE may provide such notice to the User electronically by using the email address or mobile telephone number provided by the User.
9. WHO MAY OPERATE A KIWIRIDE SCOOTER
- Only Users in good standing may operate a KIWIRIDE Scooter.
- Non-Users are expressly prohibited from operating a KIWIRIDE Scooter.
- Subletting or re-letting of the KIWIRIDE Scooter to another person, even to another User, is expressly prohibited.
- Only persons over the age of 14 may become a User and may operate a KIWIRIDE Scooter.
- Only one person may ride a KIWIRIDE Scooter at a time (maximum weight 100 kilograms due to technical capacity of the scooter).
10. PROHIBITED USES
KIWIRIDE Scooters shall not be used as follows:
- To propel or tow any vehicle, trailer, or other object
- To transport animals of any kind or nature, living or otherwise
- During a race, competition or to perform tricks
- By a User while under the influence of drugs or alcohol or any other intoxicating substance
- During the commission of a crime or other illegal activity such as protest march, escape from law, knowingly or unknowingly carrying items/goods prohibited by law, etc.
- In a negligent or abusive manner or for any use outside the scope of a KIWIRIDE Scooter’s intended purpose (violating a traffic law, or receiving a ticket in an accident (including jay walking, zebra crossings) is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred)
- By anyone who has provided KIWIRIDE with false information in order to become or remain a User
- While there is inclement weather, including heavy rain, hail storms, sand storms, electrical storms or strong wind, which make it more dangerous to operate a KIWIRIDE Scooter
- While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the KIWIRIDE Scooter that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a KIWIRIDE Scooter, as determined by KIWIRIDE in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.
11. RESERVING KIWIRIDE SCOOTERS
KIWIRIDE Scooters are available to Users on a first-come-first-served basis or via reservation. Users using a KIWIRIDE Scooter on a first-come-first-served basis will be billed for the time they use the KIWIRIDE Scooter according to the Rate Schedule. If a reservation is made available by KIWIRIDE, Users shall make such reservation via the Site or the App in advance, (i.e. prior to use) and will be billed at the time of the reservation. Reservations can be extended via the Site or App. Users may cancel or change an existing reservation via the Site or App within fifteen minutes after the reservation was made.
12. KIWIRIDE SCOOTER USE
The User must secure the KIWIRIDE Scooter ensuring that it is clean and in good working condition after their trip. Prior to taking possession of a KIWIRIDE Scooter, the User must inspect the KIWIRIDE Scooter for evidence of damage and disrepair. If any damage or disrepair is discovered, the User must notify KIWIRIDE immediately using the App in order to avoid being held responsible for such damage or disrepair.
If the User fails to report any evidence of damage prior to using the KIWIRIDE Scooter, the User may be liable for the cost of repairing the KIWIRIDE Scooter. For the User’s own safety, the User is prohibited from operating a KIWIRIDE Scooter if any of the following equipment is not in good working order: tires, brakes, lights.
Users are responsible for all charges and costs incurred, and any damages, pertaining to the KIWIRIDE Scooter from the time a User activates a KIWIRIDE Scooter until the KIWIRIDE Scooter is returned and secured, and the ride ended via the App.
The User must notify KIWIRIDE immediately in the event that the KIWIRIDE Scooter: malfunctions; is damaged; or is stolen.
The User is responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees. If the User fails to pay for any violations incurred, and KIWIRIDE pays such violations, the User agrees that KIWIRIDE may charge User’s payment method on record in accordance with the Agreement.
13. RATE SCHEDULE
This schedule will be changed from time to time as KIWIRIDE makes changes to its service. Applicable rates are GBP 0.99 To Start the Ride and GBP 0.20 is charged per minute of the ride, until completion of the rid. Rates are stated in the App before the ride.
14. FEES & PENALTIES
Pick Up Fees. If the User is unable return a KIWIRIDE Scooter to a valid area (i.e. User secures the KIWIRIDE Scooter on private property, a locked community/property or gated zone, or another unreachable area), and requests that the KIWIRIDE Scooter be picked up by KIWIRIDE staff, KIWIRIDE, at its sole discretion, may choose to charge User a pick-up fee up to GBP 100. If any Scooter accessed under the User’s account is abandoned without notice, the User will be responsible for all fees until the Scooter is recovered and deactivated, plus a service charge to recover the KIWIRIDE Scooter. Fees are subject to change.
15. PROMOTIONS AND REFERRAL PROGRAMS
From time to time, KIWIRIDE may offer promotional discounts or credits (“Promotional Credits”) to Users, or operate a referral program whereby Users who are interested can refer their friends or contacts to KIWIRIDE for credits (“Referral Credits”). KIWIRIDE reserves the right to withhold or deduct Promotional Credits or Referral Credits in the event that KIWIRIDE determines or believes that the receipt of the Promotional Credit or Referral Credit was in error, fraudulent, illegal, or in violation of our rules or any other applicable agreement between you and KIWIRIDE, as determined in KIWIRIDE’s sole discretion.
16. OTHER PROVISIONS
Corporate User Agreement. Under this Agreement, an employee or member of a business or other legal entity that has entered into a Corporate User Agreement shall be treated as a User for purposes of this Agreement. The entity and such User are jointly and severally responsible for their commitments to KIWIRIDE and for any claim or other action KIWIRIDE might take against them.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by KIWIRIDE without restriction. Any assignment attempted to be made by User in violation of this Section shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns. No delay or omission by KIWIRIDE to exercise any right or power occurring upon any noncompliance or default by the User with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by KIWIRIDE of any of the covenants, conditions, or agreements to be performed by the User shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. The parties further agree to substitute for the invalid provision, a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Force Majeure. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including a local failure of the Internet, fire, flood, acts of God, explosion, local or national emergency, government requirement, change by government in business cyber laws relating to the App, etc.
Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and the parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, that is not contained in this Agreement. KIWIRIDE is not obligated under any other agreements unless they are in writing and signed by an authorized representative of KIWIRIDE.
If there is a conflict between the terms of the Application or a Schedule and the Agreement, the Agreement will govern.
Independent Contractors. KIWIRIDE is an independent contractor and neither party is an agent of the other and neither party has the right to bind the other on any agreement with a third party.
Headings & Captions. The headings and captions used herein are for convenience only and are not part of the Agreement.
Capitalized terms used herein, shall have the same meaning as given in the User Agreement.
Rules Schedule. In addition to the rules and obligations set forth in the User Agreement, Users are required to abide by the rules set forth in this Rules Schedule. By becoming a User, you are deemed to have accepted and agree to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination as User.
I, [to be completed electronically], have read and understand the KIWIRIDE User Agreement.
Date: [to be completed electronically]
Signature: [to be completed electronically]