Terms & Conditions
1.1 Subject to the terms and conditions set forth in this Agreement, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the e-bike(s) (the "E-Bike") as provided.
1.2 The lease term (the "Lease Term") shall commence on the date Lessee takes possession of the E-Bike and shall continue on a month-to-month basis until terminated by either party in accordance with the terms of this Agreement.
2.1 Lessee shall pay Lessor a monthly lease fee (the "Lease Fee") in the amount of the “Monthly Lease Cost”, payable in advance from the day the Lessee takes possession of the bike and thereafter every on the same day of each calendar month. The first Lease Fee payment shall be due upon execution of this Agreement.
2.2 If any payment is not received by Lessor within 7 days of its due date, Lessee shall pay a late fee equal to $15 or 10% of the overdue amount, whichever is greater.
2.3 All payments under this Agreement shall be made by credit card, debit card, or any other method authorized by Lessor.
3. SECURITY DEPOSIT
3.1 Lessee shall provide a security deposit (the "Security Deposit") in an amount outlined in a Lease addendum, which shall be due upon execution of this Agreement.
3.2 Lessor may use the Security Deposit to cover any unpaid Lease Fees, late fees, repair costs, or other charges or damages incurred by Lessor as a result of Lessee's breach of this Agreement.
3.3 The Security Deposit, or any unused portion thereof, shall be refunded to Lessee within 30 days following the termination of this Agreement, subject to Lessee's compliance with the terms and conditions of this Agreement.
4. USE AND MAINTENANCE
4.1 Lessee shall use the E-Bike in a careful, lawful, and responsible manner, and in accordance with any instructions provided by Lessor or the E-Bike manufacturer.
4.2 Lessee shall not modify, alter, or remove any parts or components of the E-Bike without Lessor's prior written consent.
4.3 Lessee shall promptly notify Lessor of any damage, malfunction, or necessary repair to the E-Bike.
4.4 Lessee shall be responsible for the costs of any repairs or maintenance resulting from Lessee's misuse or negligence.
4.5 Lessee agrees to return the “Subscription Assets” provided or made available by Lessor to Lessor in the same condition in which it was rented. Lessee will not be responsible for normal wear and tear incurred in the ordinary use of the E-Bike or related equipment provided or made available by Lessor. Operator reserves the right to charge Lessee for damage to the E-Bikes and related equipment provided or made available by Lessor caused by Lessee or others (including any vandalism), water damage, or theft, up to the retail value of the E-Bike and Subscription Assets (or any related equipment provided or made available by Lessor, if applicable) plus administrative and processing fees.
4.6 Commercial Use: The Lessee acknowledges and agrees that the E-Bike leased under this agreement is intended for personal and non-commercial use only. Any use of the E-Bike for commercial purposes, including but not limited to delivery services, rideshare services, advertising, or any other income-generating activities, must be pre-agreed upon in writing with the Lessor.
5. ASSUMPTION OF RISK
5.1 Lessee acknowledges and agrees that the operation and use of the E-Bike involve inherent risks, including the risk of personal injury, death, or property damage. Lessee assumes all risks associated with the use of the E-Bike, including but not limited to the risks of collision, falling, mechanical failure, and any other risks arising from or related to the use, operation, or maintenance of the E-Bike.
5.2 Lessee represents and warrants that they have sufficient knowledge, skill, and experience to safely operate the E-Bike and that they will comply with all applicable laws and regulations governing the use of the E-Bike.
5.3 Lessee acknowledges and agrees that Lessor shall not be responsible for any injuries or damages sustained by Lessee or any third party as a result of Lessee's use or operation of the E-Bike, except to the extent caused by Lessor's gross negligence or willful misconduct.
6.1 Lessee shall indemnify, defend, and hold harmless Lessor, its affiliates, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in connection with:
(a) Lessee's use, operation, or possession of the E-Bike, including any personal injury, death, or property damage sustained by Lessee or any third party;
(b) Theft of bike during the term of this Lease;
(c) Lessee's breach of any term or condition of this Agreement;
(d) Lessee's violation of any applicable law, regulation, or ordinance; or
(e) any claim that the E-Bike infringes or misappropriates any intellectual property or other proprietary rights of any third party, except to the extent caused by the Indemnified Parties' gross negligence or willful misconduct.
6.2 In the event of any claim for which an Indemnified Party seeks indemnification under this Section 6, the Indemnified Party shall promptly notify Lessee in writing and provide Lessee with the opportunity to assume the defense and settlement of such claim with counsel of its choice, at Lessee's expense. The Indemnified Party shall have the right to participate in the defense and settlement of such claim at its own expense and with its own counsel. Lessee shall not settle any such claim without the Indemnified Party's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.
7.1 Either party may terminate this Agreement for any reason by providing at least 30 days' written notice to the other party.
7.2 Lessor may terminate this Agreement immediately upon written notice to Lessee if Lessee breaches any term or condition of this Agreement.
8.1 This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, between the parties relating thereto.
8.2 This Agreement may be amended or modified only by a written instrument signed by both parties.
8.3 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
8.4 If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
8.5 Any notice, request, or other communication required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or by email, or on the next business day if sent by overnight courier, or on the third business day if sent by registered or certified mail, postage prepaid, return receipt requested, to the addresses or email addresses of the parties as set forth in this Agreement or such other addresses or email addresses as may be designated by either party in writing.
8.6 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles.
8.7 Any disputes arising out of or in connection with this Agreement shall be resolved by any controversy, dispute, or claim between the parties arising out of or relating to this Agreement shall be resolved by a mandatory judicial reference proceeding in California in accordance with the provisions of California Code of Civil Procedure § 638. The referee shall be a retired California state court judge selected by mutual written agreement of the parties. If the parties are unable to agree upon a referee within ten (10) calendar days after one party serves a written notice of its intent to commence a judicial reference proceeding on the other party, then the referee will be selected by the court in accordance with California Code of Civil Procedure § 640(b). The referee shall be appointed to sit as a temporary judge, with all of the powers of a temporary judge, as authorized by law, and upon selection should take and subscribe to the oath of office as provided for in Rule 244 of the California Rules of Court (or any subsequently-enacted Rule). The referee shall determine the manner in which the reference proceeding is conducted including the time and place of all hearings, the order of presentation of evidence, and all other questions that arise with respect to the course of the reference proceeding. The referee shall render a written statement of decision and shall conduct the proceedings in accordance with the California Code of Civil Procedure, the California Rules of Court, and the California Evidence Code, except as otherwise specifically agreed by the parties and approved by the referee. The referee’s statement of decision shall set forth findings of fact and conclusions of law. The referee’s decision shall be entered as a judgment in the court in accordance with the provisions of California Code of Civil Procedure §§ 644 and 645, and shall be appealable in accordance with California law.
9. DAMAGE, LOSS AND THEFT
9.1 In the event that the Bike or any part of the Bike is Damaged, lost or stolen, the Customer must:
(a) notify the Lessor of the Damage, loss or theft;
(b) in the case of any theft or suspected theft, report the theft or suspected theft to the police and provide the Lessor with a copy of the report as well as return the original keys and charger;
(c) provide the Lessor with any reasonable information required in respect of the Damage, loss or theft and follow any reasonable directions or procedures relating to the Damage, loss or theft;
(d) if requested by the Lessor and at the Customer’s cost, promptly deliver the Bike and Keys to the Lessor to allow the Lessor to repair any Damage to the Bike or replace any lost or stolen part of the Bike; and
(e) subject to clause 10.3 and if requested by the Lessor, pay to the Lessor the amount the Lessor estimates to be the retail amount required to replace or repair the Bike or part of the Bike.
9.2 Subject to clauses 10.3 and 12, if the Bike or any part of the Bike is Damaged, lost or stolen, the Customer will be liable for all:
- retail costs of repair of any Damage to the Bike; and
(b) retail costs of replacing any lost or stolen Bike or part of the Bike,
9.3 Subject to clauses 10.4 and 12, the Customer’s maximum liability under clause 10.2 will be $500 in each separate case of Damage, loss or theft.
9.4 Clause 10.3 does not apply if the Damage, loss or theft is caused directly or indirectly by:
(a) the negligence of the Customer;
(b) any act or omission of the Customer which a reasonable person would consider may be likely to result in the Damage, loss or theft; or
(c) any breach of this Agreement.
9.5 In the event that the Bike or any part of the Bike is Damaged, lost or stolen, the Customer will not incur and be liable for any Subscription Amounts in respect of that Bike from the time the Customer makes payment of the amount under clause 10.1(e) until the Bike (or a replacement bicycle) is returned by the Lessor to the Customer.
9.6 Nothing in this Agreement requires the Lessor to repair or replace any Bike which has been Damaged, lost or stolen however, if the Lessor refuses to repair or replace any Bike then this Agreement will automatically terminate.
9.7 If the Bike suffers any Damage, the Customer must:
(a) ensure that the Bike is not used by any person until the Damage has been repaired; and
(b) take all steps necessary to prevent injury to any persons or damage to any property as a result of the Damage.
Data Privacy and Security Policy
Effective Date: July 2023
Compliance and Changes
At Wombi, we are committed to safeguarding the privacy and security of our customers' data. This Data Privacy and Security Policy outlines the measures and practices we implement to protect the personal information of our users and ensure compliance with data protection regulations. This policy applies to all data collected, processed, stored, or transmitted by Wombi in the course of our electric cargo bike subscription services in Los Angeles.
Personal Information: We collect personal information from customers when they sign up for our services. This may include names, contact information, addresses, payment details, and other necessary details to provide our subscription services.
Usage Data: We may also collect usage data, such as bike usage patterns, ride duration, and locations, to improve our services and user experience.
Data Use and Purpose
Service Provision: We use personal information to deliver our electric cargo bike subscription services, manage subscriptions, process payments, and communicate with customers regarding their account and service-related updates.
Improvements and Analytics: Usage data is utilized to analyze customer preferences, enhance service quality, and develop new features for our offerings.
Marketing and Communication: With customer consent, we may send promotional materials and relevant updates through email or other communication channels. Users can opt-out of marketing communications at any time.
Data Sharing and Disclosure
Third-Party Service Providers: We may engage reputable third-party service providers to assist with various aspects of our operations, such as roadside assistance, payment processing, or analytics. These providers are contractually bound to protect the data they handle and are only granted access to the necessary information.
Legal Obligations: We may disclose personal information if required by law or in response to valid legal requests from government authorities.
Technical Measures: We employ industry-standard security measures, such as encryption, firewalls, access controls, and regular security assessments, to protect personal data from unauthorized access, alteration, or destruction.
Employee Access: Access to personal data is restricted to employees on a need-to-know basis, and they are regularly trained on data protection practices.
Data Breach Response: In the event of a data breach, we have established a response plan to promptly assess and mitigate potential risks and notify affected customers, as required by applicable laws.
We retain personal data only for as long as necessary to fulfill the purposes outlined in this policy or to comply with legal obligations. Data that is no longer needed will be securely disposed of or anonymized.
Users have the right to access, correct, update, or delete their personal information. They can exercise these rights by contacting our operations department, or through their account settings.