Acceptance of the Member Agreement. In consideration of your use of any of the Services (defined below), Zapp Scooters Inc. DBA Zapp Ride Share, a Delaware corporation with its principal place of business at 1801 Taylor street, Columbia, SC 2920, USA (together with any and all predecessors, successors, assigns and affiliates, “Zapp”) requires that you agree to all terms and conditions in this Member Agreement (the “Agreement”). The “Services” provided by Zapp are composed of several elements, including the use of (1) Zapp Scooter parking stations (“Stations”), (2) Zapp Scooters, (3) the Site and the App (each as defined below), and (4) all related Equipment, personnel, and information.
BY REGISTERING as a member and creating a member ACCOUNT ON THE SITE OR THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT as if you had manually signed THIS agreement. If you do not agree to be bound by this Agreement, please do not create an account and do not otherwise use the Services. You hereby represent and warrant that you are eighteen (18) years of age or older and are fully able and competent to enter into and abide by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY.
IF THE INDIVIDUAL WHO REGISTERS AS A MEMBER AND CREATES A MEMBER ACCOUNT DOES SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THE INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
Except as defined elsewhere in this Agreement, the terms below shall have the following meanings:
means the Zapp proprietary software applications accessible via a mobile device or computer and by which Members may access the Services.
means helmets and other accessories provided by or through Zapp for use with a Zapp Scooter.
means an individual that has registered to be a Member and has created a Member Account on the App or the Site.
means a non-exclusive, nontransferable right to use the Services in accordance with and subject to the terms and conditions of this Agreement.
means a web-based portal provided by Zapp through the App or the Site that is used to register to be a Member, to use the Services, and to manage your Membership, billing information and other Member information (e.g., name, address, email address, use privileges).
means perpetual until cancellation of the Member’s account with Zapp.
means the rate schedule currently referenced at http://www.ZapRideShare.com/rates.html, as may be updated by Zapp from time to time, and which is expressly incorporated herein by reference.
means the rates charged to a Member to rent a Zapp Scooter set forth in the Rate Schedule, as may be adjusted from time to time.
means the rules schedule currently referenced at http://www.ZapRideShare.com/rules.html, as may be updated by Zapp from time to time, and which is expressly incorporated herein by reference.
means the motorbike or scooter provided by Zapp to a Member in accordance with its Membership.
means the Zapp web site located at www.ZapRideShare.com.
means the tutorial or orientation available on the Site and the App that instructs the Members on the use, operation and features of the Zapp Scooters.
Contingent on the Member’s fulfillment of its payment obligations, and subject to the terms and conditions of this Agreement, Zapp will provide Member the Services as set forth in this Agreement for the Membership Term. Member may use the Services solely for Member’s own personal purposes during the Membership Term, provided Member has paid and continues to pay the Rental Fees and any other applicable fees set forth in the Rate Schedule when due pursuant to Section 5. Zapp reserves the right to change, limit or deny the Services to a Member for any reason at any time.
To be eligible for the Services, the Member shall:
Acceptance of a person as a Member remains subject to approval by Zapp in its sole discretion. Membership may be suspended, denied or terminated at any time for a violation of the terms and conditions of this Agreement or otherwise in the sole discretion of Zapp.
The Member agrees to pay to Zapp the Rental Fees and other applicable charges and fees set forth in the Rate Schedule in accordance with this section. All Rental Fees and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable.
Member shall be charged the Rental Fee for each use of the Services upon returning the Zapp Scooter and shall be charged any other applicable fees and costs in the manner and at the time set forth in this Agreement and the Rate Schedule or otherwise when determined by Zapp, in its sole discretion. Member agrees that Zapp may charge Member’s selected payment method for any such payments. Zapp accepts payments through payment methods detailed in the Member Account. Members are asked to provide Zapp with a debit or credit card information from a card issuer that Zapp accepts in order to register as a Member and create a Member Account.
Member is responsible for paying any governmental taxes imposed on Member’s use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent Zapp is obligated to collect such taxes, the applicable tax will be added to Member’s bill.
MEMBER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY FEES CHARGED TO MEMBER IN WRITING TO ZAPP WITHIN 7 DAYS AFTER RECEIVING Your CREDIT OR DEBIT statement containing the disputed charge, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
Any Member Account which is delinquent may be suspended or terminated solely at Zapp discretion. In addition to all its other rights and remedies set out in this Agreement, Zapp reserves the right to impose fees and penalties on the Member in the manner and amounts specified in this Agreement and/or the Rate Schedule.
The data generated by the App is conclusive evidence of the period of use of a Zapp Scooter by a Member.
Zapp Scooters shall be returned by dropping off the Zapp Scooter at Zapp’s pickup/ dropoff station, as the case may be, and clicking the “Return” button on the App. Failing to properly return a Zapp Scooter will result in the continuation of the rental and the applicable fees will continue to be charged until the Zapp Scooter is returned to a Station.
Your use of the Zapp Scooter is limited to a period of twenty-four (24) consecutive hours (the “Maximum Rental Period”). Any rental that exceeds the Maximum Rental Period is deemed a disappearance of the Zapp Scooter until the Zapp Scooter is found or returned to a Station. If the Zapp Scooter is not returned to a Station within the Maximum Rental Period or if the Zapp Scooter is deemed lost or stolen, the Member’s credit or debit card will be charged a fee of up to four thousand dollars ($4,000), and a police report may be filed with local authorities, at the discretion of Zapp.
The Zapp Scooter shall be returned by Member in the same condition in which it was rented. If the Zapp Scooter is returned to a Station damaged or in a state of disrepair, Member will be charged a fee that is equal to the cost of repair. Those fees may be charged as soon as twenty-four (24) hours after the Zapp Scooter is not returned or is returned in a damaged state.
Zapp will use reasonable commercial efforts to attempt to contact Member via telephone and email before charging the Member’s credit or debit card by using the contact information provided by Member in the Member Account registration process and as may be updated by the Member using the Member Account. For any disappearance of a Zapp Scooter about which a Member becomes aware during the applicable Maximum Rental Period, the Member shall immediately report the disappearance to Zapp and to the local police department and contact 1-855-Zapp-N-GO.
You shall input a valid credit or debit card number, expiration date and card security code when registering as a Member and creating a Member Account. You represent and warrant to Zapp that you are authorized to use the credit or debit card provided. You authorize Zapp to charge your credit or debit card for all fees incurred by you pursuant to this Agreement and the Rate Schedule, subject to applicable sales taxes and other local government charges, which may be charged to you using such payment method and collected by Zapp. Charges that occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Zapp does not accept payment forms other than those specified on the Member Account. Any credit or debit card which is rejected may result in suspension or termination of Member’s Membership solely at Zapp’s discretion. In the event of the credit or debit card on record being changed, expiring, or being no longer valid, the Member shall promptly replace it with a valid credit or debit card. Failure to do so may result in suspension or termination of your ability to use the Services.
This Agreement is a vehicle-sharing service subscription between Zapp and Member. The Member does not, by this Agreement or otherwise, acquire any rights of ownership or control over the Zapp Scooters, Zapp, its operations or finances, or any vehicle or other transportation device made available for use by Members. Zapp or its lessors, as applicable, are the owners of the Zapp Scooters and any Equipment that Zapp makes available to Member during the term of this Agreement.
You represent to Zapp that you have read and understand this Agreement, the Rules Schedule and the Rate Schedule currently in force, you have reviewed the Tutorial, and that you have taken all reasonable and prudent measures to ensure that you correctly understand all of your commitments and obligations hereunder.
Member shall promptly notify Zapp in the event that Member’s driver’s license is suspended, revoked or invalid or if convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving more than 20 miles per hour over the legal speed limit.
Member agrees to operate the Zapp Scooter consistent with the manner provided in such Tutorial and to follow all rules set out in the Rules Schedule.
If, while Member is in possession of a Zapp Scooter, the Zapp Scooter is involved in an incident that results in injury or damage to a third party or third party property, Member shall, as soon as possible, but in any event within one (1) hour, notify 911 (if appropriate), contact the police and obtain an official police report and contact Zapp immediately and provide the following information to Zapp (the following information should be provided to Zapp via email to email@example.com):
Member shall not, without Zapp’s 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 Zapp Scooter, a third party, or third party property, Member agrees to cooperate fully with Zapp’s investigation of such event and the defense of any resulting claim or litigation. Member agrees that Zapp or its insurer may at its own cost bring, defend, enforce, or settle any legal proceeding against a third party in Member’s name in relation to the incident.
Further, Member shall report to the police and notify Zapp as soon as possible, but in no event later than twenty-four (24) hours, after the occurrence of (i) any vandalism of any of the Services, and (ii) any stolen or lost Zapp Scooter.
You represent, warrant and agree that you have the capability and driving experience required to operate two-wheeled motor vehicle in a safe and competent manner, you are sufficiently fit and physically capable to ride a Zapp Scooter without any risk to your health, you are knowledgeable about the operation of the Zapp Scooter, you are knowledgeable about, and will strictly obey, all applicable laws, ordinances and regulations for riding a Zapp Scooter, and you will not use a Zapp Scooter for racing, riding off road, in places where it is illegal or unsafe to operate a Zapp Scooter, or for carrying more than the lawful number of passengers or passengers unfit or unable to ride.
You represent, warrant and agree that you are aware of the OFFER OF THE Tutorial, have had the opportunity to review and understand the entire Tutorial, and agree to operate the Zapp Scooter consistent with the manner provided in the Tutorial. You represent, warrant and agree that you understand that Zapp and the other Released Persons do not guarantee that there will always be a safe place to ride a Zapp Scooter and that roads and motorbike or scooter routes may become dangerous due to weather, traffic, or other hazards.
You represent, warrant, and agree that Zapp and the other Released Persons are not common carriers. Alternative Zapp of public and private transportation are available to the general public and to you and your passenger, including public buses and rail services, taxis, bicycle and pedestrian paths.
You represent, warrant and agree that you understand that Zapp provides Zapp Scooters only as a convenience, and rental availability is intended to be used only by those Members who are able and qualified to operate a Zapp Scooter on their own and who have agreed to all terms and conditions of this Agreement.
You agree that access to the Services is denied to any person less than eighteen (18) years of age.
Member may be responsible for a damage fee of four thousand dollars ($4,000) for any damage caused to a Zapp Scooter or Equipment during the rental if such damage is determined to be the fault of Member or not otherwise attributed to a third party.
Zapp provides liability insurance with respect to damages arising from a Member’s and his/her passenger’s use of Zapp Scooters, subject to the terms and conditions of the applicable insurance policy. Such insurance provides for liability protection for both Zapp and the Member with limits of $100,000 of bodily injury per person, $250,000 of bodily injury per accident, and $500,000 of property damage to third parties per accident. Damages beyond these levels, [as well as any deductible or retention in connection with extending such insurance coverage,] shall be the sole responsibility of the Member. In the event such liability protection is utilized, the applicable insurers of Zapp shall have the right of subrogation with respect to claims the affected Member may have against third parties up to the amount of coverage paid on such Member’s behalf. However, any such insurance does not cover damage due to Member’s breach of this Agreement. In such an event, Member may be responsible for the full cost of such damage. Zapp’s insurers generally require that the Member obtain a police report with respect to an accident as a condition to receive coverage benefits.
Your own auto insurance or umbrella policies or credit card coverage may provide coverage for damage to you, to Zapp’s property or third parties. THE INSURANCE COVERAGE FROM ZAPP MIGHT DUPLICATE, VOID OR CAUSE YOUR OWN POLICIES OR CREDIT CARD COVERAGE TO BECOME EXCESS COVERAGE. If Member is concerned about this, Member should check with Member’s insurer or credit card issuer.
In exchange for you being allowed to use the Services, Zapp Scooters, Equipment, Stations, or related information, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release, waive and discharge all Released Persons for all Claims that you have or may have against any Released Person, except for Claims proximately caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. For the purposes of this Agreement, “Claims” means, collectively, any and all claims, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise, and costs to enforce the provisions of this Agreement), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) including, without limitation, any medical condition, injury, disability, dismemberment or death of you, your passenger or any other persons, any property damage, or the loss or damage to mobile devices or any other goods or personal effects stowed in or on the Zapp Scooters, that arise from or relate to (a) you or your passenger’s use of the Services (including, without limitation, the Zapp Scooters, Equipment, Stations or the App), or (b) your failure to abide by Tutorial, the Rules Schedule and this Agreement. “Released Persons” means, collectively, (i) Zapp and all of its owners, managers, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (ii) any municipality, university, college or institution in which Zapp operates, (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (vii) every property owner, tenant, subtenant, service provider and/or licensee that owns, maintains or leases a Station and all of their respective owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR AND YOUR PASSENGER’S USE OF ANY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE ZAPP SCOOTERS, EQUIPMENT, STATIONS, OR THE APP) IS AT YOUR AND YOUR PASSENGER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR AND YOUR PASSENGER’S USE OF ANY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE ZAPP SCOOTERS, EQUIPMENT, STATIONS, OR THE APP), ZAPP AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE ZAPP SCOOTERS, EQUIPMENT, STATIONS, OR THE APP) ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). ZAPP AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE ZAPP SCOOTERS, EQUIPMENT, STATIONS, OR THE APP) WILL BE safe, in GOOD REPAIR OR ERROR-FREE, AND SAFETY ISSUES, DELAYS, OMISSIONS, INTERRUPTIONS, OR PROBLEMS COULD EXIST WITH RESPECT TO ANY OF THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS WITH RESPECT TO YOU AND YOUR PASSENGER’S USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SCOOTAWAY SCOOTERS, EQUIPMENT, STATIONS, OR THE APP) AND ZAPP AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST ZAPP SCOOTER.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT ZAPP AND ALL OTHER RELEASED PERSONS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR AND YOUR PASSENGER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE ZAPP SCOOTERS, EQUIPMENT, STATIONS, OR THE APP), (C) YOUR BREACH OF THIS AGREEMENT OR YOUR FAILURE TO ABIDE BY THE TUTORIAL OR THE RULES SCHEDULE, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR OR YOUR PASSENGER’S FAILURE TO WEAR A HELMET WHILE USING ZAPP SCOOTER, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF YOUR PASSENGER OR ANY OTHER THIRD PARTY. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF ZAPP OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. neither Zapp, nor its released persons, shall be liable under this Agreement for any consequential, incidental, indirect, exemplary, special or punitive damages arising out of your OR YOUR PASSENGER’S use of ANY OF the services. THE TOTAL LIABILITY OF ZAPP AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Assumption of Risk
You are solely and fully responsible for the safe operation of the Zapp Scooter at all times as well as for the safety of any passenger riding a Zapp Scooter with you. You agree that scooters and motorbikes are machines that may malfunction, even if the Zapp Scooter is properly maintained, and that such malfunction may cause minor or major injury, disability, dismemberment or death. Additionally, riding a Zapp Scooter is inherently dangerous activity that may result in minor or major injuries, discomfort, disability, dismemberment, death to you, your passenger, and others and may worsen or complicate underlying medical conditions or diseases. You agree that riding a Zapp Scooter involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury, disability, dismemberment or death to you, your passengers, or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You agree that such risks, dangers, and hazards are your and your passenger’s sole responsibility. You agree that if your use of any of the Services causes any medical condition, injury, disability, dismemberment, or death to you, your passenger or another person or damage to property, then you shall be fully responsible and liable for all resulting medical conditions, injuries, disabilities, dismemberments, deaths, damages, and related costs. By choosing to ride a Zapp Scooter, you assume full and complete responsibility for all risks, dangers, and hazards related to such Zapp Scooter and use of the Services hereunder, and you agree that Zapp and all other Released Persons shall not be responsible for any medical conditions, injuries, disabilities, dismemberments, deaths, damages, and related costs caused by you or your passenger with respect to any person or property, including you, your passenger, the Zapp Scooter, the Equipment, Stations or Zapp personnel.
Subject to the insurance coverage provided pursuant to this Agreement, you shall indemnify, defend and hold Zapp and the Released Persons harmless from any and all Claims arising from or related to: (i) the breach or violation of any of your representations, warranties or obligations under this Agreement (including, without limitation, the Rules Schedule and Rate Schedule); or (ii) your or your passenger’s use of the Services (including, without limitation, any medical condition, injury, disability, dismemberment, death, property damage, and related costs, except to the extent such Claims directly result from Zapp or the Released Person’s gross negligence or willful misconduct (as finally determined by a court of competent jurisdiction). The party seeking indemnification hereunder shall promptly notify the indemnifying party in writing of any such Claim and cooperate with the indemnifying party at the indemnifying party’s sole cost and expense. The indemnifying party shall not settle any Claim in a manner that adversely affects the rights of the indemnified party without the indemnified party’s prior written consent. The indemnified party’s failure to perform any obligations under this section shall not relieve the indemnifying party of its obligations under this section except to the extent that the indemnifying party can demonstrate that it has been materially prejudiced as a result of such failure.
Depending on location (check app), Zapp requires that all Members and their passengers wear a helmet suitable for a scooter or motorbike that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing an approved helmet, properly sized, fitted, and fastened, while using a Zapp Scooter may protect against injury or may lessen the severity of an injury caused by an impact to the head; however, helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. Zapp and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that Zapp and the other Released Persons are not liable for any injury suffered by Member or his/her passenger while using any of the Services, whether or not Member or his/her passenger is wearing a helmet at the time of injury. Member agrees that, when using any of the Services, Member or his/her passenger might need to take additional safety measures and precautions that are not specifically addressed in this Agreement. Zapp supplies Helmets as a connivance only. If a helmet is not provided, supply your own DOT approved helmet or look for a rent a Zapp scooter with a helmet of the appropriate size.
The use of Zapp Scooters by Members is subject to availability, on a first-come, first-served basis, and although Zapp makes an effort to meet the demand for Zapp Scooters by Members, Zapp cannot guarantee that supply will be adequate to provide a Zapp Scooter to a Member at any given time. Access to the Services also is conditioned on the availability of Zapp Scooters and available parking spots at each Station. Zapp does not represent, warrant or guarantee the availability of any Services or the availability of any Zapp Scooters or parking slots at any Station. Members should use the Site or the App to check the inventory of Zapp Scooters at a Station. Member agrees that Zapp may require Member to return a Zapp Scooter to a Station or a Zapp representative, in its sole discretion at any time.
At any time and from time to time, and without your consent, Zapp may unilaterally terminate your right to use any of the Services, in Zapp s sole discretion and without any notice.
Zapp may terminate this Agreement at any time, without cause, upon at least seven (7) days prior written notice to Member. This Agreement shall be automatically and immediately terminated:
You may terminate your use of the Services and this Agreement at any time upon at least seven (7) days prior written notice to Zapp; provided, however, that (i) no refund will be provided by Zapp for any period prior to the effective date of termination and (ii) you may still be charged any applicable additional fees arising under this Agreement through the effective date of termination.
Membership is non-transferable and may be terminated if Member breaches this Agreement, as decided by Zapp in its sole discretion.
Those provisions contained herein which by their terms are intended to survive the termination of your right to use any of the Services or the termination of this Agreement shall survive, including without limitation, Sections 5-7, 10, 11, 12, and 15-19.
All personally identifiable information that is held by Zapp and pertains to Members, including all names, addresses, phone numbers, and email addresses, will be kept confidential by Zapp; provided, however, that (i) if there is any accident where a Member is unable to communicate personal information to the appropriate authorities, then you agree that Zapp may, in its sole discretion, provide the Member’s name, address, phone number, and other personally identifiable information to such authorities, (ii) Zapp may disclose information in order to enforce its rights under this Agreement; (iii) if Zapp receives a subpoena from any court or other authority, then Zapp may provide all requested information in accordance with applicable law, and (iv) Zapp may disclose aggregate and other data about Members in accordance with applicable law, including general latitude and longitude data for a Member (provided this would not allow any individual’s address to be separately identified). Notices. Any notices, writings, demands, or communications provided in connection with this Agreement shall be provided via the Member Account, or by writing or emailing Zapp at the street address, telephone number, and email address listed below:
1801 Taylor Street.
Columbia, South Carolina 29201
Attention: Zapp Customer Service
Customer Service: 1(855) ZAPP-N-GO (1(855) 921-7646)
Zapp’s routine communications regarding the Services and any legal notices will be sent to the Member either electronically (via Member Account, the Member email address on record, or by text message to the Member’s mobile device using the telephone number provided by Member), by United States mail or by nationally recognized overnight courier, except that Zapp may give notice of any amendment to this Agreement by posting a notification on the Site or the App, through the Member Account, or by email to the Member’s email address of record. Notices are deemed received as of the time delivered. By providing Member’s mobile telephone number to Zapp, Member consents to receive text messages from Zapp relating to the provision of the Services or this Agreement.
In the event an incident occurs in which a third party obtains unauthorized access to Members’ personal data provided to Zapp, Member agrees that should Zapp become legally obligated to provide notice of such unauthorized access, Zapp may provide such notice to Member electronically by using the email address or mobile telephone number provided by Member.
This Agreement is governed by, and shall be construed and enforced in accordance with, the internal laws of South Carolina State, excluding its principles of conflicts of laws. For any and all disputes regarding this Agreement: (i) you hereby consent to the exclusive jurisdiction of the federal and state courts located in the State of South Carolina, within Richland County and agree that those courts have personal jurisdiction over each party; and (ii) the parties shall first submit the dispute to mandatory mediation held in South Carolina State, within Richland County; provided, however, that Mediation shall be completed within six (6) months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within such 6-month period, then the parties may continue seeking to resolve the dispute by use of any legal or arbitral process, including litigation.
No delay or omission by Zapp to exercise any right or power occurring upon any noncompliance or default by the Member 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 Zapp of any of the covenants, conditions, or agreements to be performed by the Member shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. The terms of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term being waived.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you do hereby knowingly, voluntarily, and irrevocably: (1) give your full and unconditional consent to Zapp and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, your name, appearance and voice in photographs, videos, and other recordings, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Zapp and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record your name, appearance and voice, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Zapp may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that you have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by you in this paragraph.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
This Agreement, and all exhibits, policies and schedules incorporated herein by reference, contain the entire agreement between the parties with respect to its subject matter, and supersede all other prior agreements, written or oral, relating to such subject matter. If there is a conflict between the terms of any Schedule and the Agreement, the Agreement will govern. At any time and from time to time, Zapp may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause, and the Member, by continuing to use any Services after being notified of any amendment, modification, or change, shall be deemed to be bound by all such amendments, modifications, and changes. If a Member does not agree with such amendments, modifications, and changes, such Member shall cease using the Services and terminate this Agreement immediately. Member shall carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever an amendment, modification or change is made to this Agreement, Zapp will notify the Members in accordance with Section 17 (Notices).
Zapp is an independent contractor of the Member and no agency, partnership, or employer-employee relationship is created by virtue of this Agreement, Zapp’s provision of the Services or otherwise. Neither party is an agent of the other party and neither party has the right to bind the other with respect to a third party.
This Agreement, and any and all rights and licenses granted hereunder, shall not be transferred, delegated, or assigned by Member without the prior written consent of Zapp. Any attempted transfer, delegation or assignment to be made by Member in violation of this Section shall be null and void. Zapp shall have the right to assign its rights and obligations under this Agreement at any time without Member’s consent. This Agreement will be binding upon and inure to the benefit of the parties hereto, and their respective successors and permitted assigns.
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 effect the intention of the parties and shall remain in full force and effect.
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 failure of or lack of connection to the Internet, severe weather, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority, in each case, while such events are ongoing.
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
The parties intend that this Agreement and any amendment, modification or waiver of the terms of this Agreement, as the case may be, be signed by electronic signature as provided for in South Carolina State Electronic Signatures and Records Act, (Uniform Electronic Transaction Act); which shall have the same legal effect, validity or enforceability as a manually executed signature.
In addition to the rules and obligations set forth in the Member Agreement, Members are required to abide by the rules set forth in this Rules Schedule. By becoming a Member, you are deemed to have acknowledge, accept and agree to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination of your Membership. This Rules Schedule may be changed from time to time without prior notice by Zapp in its sole discretion by updating this Rules Schedule and posting the same on the App or Site. Capitalized terms used herein, shall have the same meaning as given in the Member Agreement.
Only Members in good standing that have experience with and know how to operate a motorbike or scooter in a safe and competent manner may operate a Zapp Scooter. Non-Members (including passengers) are expressly prohibited from operating a Zapp Scooter. Subletting or re-letting of the Zapp Scooter to another person, even to another Member, is expressly prohibited. Only persons over the age of eighteen (18) may become a Member and may operate a Zapp Scooter.
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a Zapp Scooter, as determined by Zapp in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.
Engaging in any Prohibited USE described above or the use of a Zapp Scooter in a manner which otherwise violates the Rules Schedule (i) may void the insurance coverage provided by Zapp PURSUANT TO THIS AGREEMENT DETERMINED BY ZAPP IN ITS SOLE DISCRETION; AND (ii) shall RESULT IN the Zapp Scooter BEING subject to immediate recovery or repossession by Zapp or its designees WITHOUT NOTICE TO such MEMBER.
Renting Zapp Scooters Zapp Scooters are available to Members for rental on a first-come-first-served basis. Rent the selected Zapp Scooter using the App by clicking “Rent,” acknowledge and agree to the terms, including this Agreement (as may be amended from time to time), and then click “Unlock” to access the Scooter’s controls. Members using a Zapp Scooter will be billed for the time they rent the Zapp Scooter according to the Rate Schedule. The Member’s payment method of choice will be charged the applicable Rental Fees promptly upon clicking “Return” on the App to return the rented Zapp Scooter.
Zapp Scooters may only be operated in the United States of America. They may not be ridden to Canada, Mexico or any other territory outside the United States of America.
Member shall return the Zapp Scooter to a Pickup/ Drop off with available parking, secured, clean and in good working condition, otherwise the rental will continue and Member will be charged accordingly.
Prior to taking possession of a Zapp Scooter, Member shall inspect the Zapp Scooter for evidence of damage and disrepair (e.g., obvious dents, flat tires, out of service brake lights, turn signals, and working brakes), and any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need.
Member shall not ride the Zapp Scooter if Member notices any mechanical or other problem or safety issue; and, in such case, Member shall promptly notify Zapp of all problems and issues and Member shall use a different Zapp Scooter to avoid Member being held responsible for such damage or disrepair. If Member fails to report any evidence of damage prior to using the Zapp Scooter, Member may be held liable for the cost of repairing the Zapp Scooter. For Member’s own safety, Member is prohibited from operating a Zapp Scooter if any of the following equipment is not in good working order: tires, brakes, lights and signals, or mirrors.
If you will have a passenger when using the Zapp Scooter, use the extra footrest.
Members are responsible for all charges and costs incurred, and any damages, related to the Zapp Scooter from the time a Member rents a Zapp Scooter using the App until the Zapp Scooter is returned to the Station.
When you return the Zapp Scooter, place your helmet(s) belonging to Zapp in the cargo basket and close security.
When parking the Zapp Scooter, use the kickstand and turn the handle to the left side.
Members shall operate the Zapp Scooter in accordance with the Tutorial instructional video and operation manuals provided by Zapp. Member shall notify Zapp immediately in the event that the Zapp Scooter malfunctions, is damaged, vandalized or is stolen.
In the event that, through no fault of Member, the Zapp Scooter malfunctions or is damaged to an extent that it is no longer serviceable and Member is no longer able to return the Zapp Scooter to its designated location or the Zapp Scooter is stolen, Zapp will arrange for alternate transportation at no cost to Member, to allow Member, at Member’s sole discretion, to: (a) reach Member’s final destination; Inside the Zapp riding Boundaries!(b) return to where Member began its trip; or (c) take possession of another available Zapp Scooter.
Member is solely responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees, due to Member’s use of a Zapp Scooter. Member agrees to pay for any and all such violations incurred without seeking reimbursement or contribution from Zapp. Such violations shall be reported to Zapp as soon as reasonably possible, but in any event, in advance of the deadline to respond to the notice of violation. If Member fails to pay for any violations incurred, and Zapp pays such violations, Member agrees that Zapp may charge Member’s credit or debit card on record for such amounts in accordance with this Agreement. Plus, up to a $200 service fee.
This rate schedule may be changed from time to time without prior notice as Zapp makes changes to its Service or otherwise in its sole discretion by updating this Rate Schedule and posting the same on the App or Site. The current rate is listed in the app. Capitalized terms used herein, shall have the same meaning as given in the Member Agreement.
Fees and Penalties:
Lost or Damaged Equipment Costs: