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JERRICO TERMS OF USE

1. General

1.1. Introduction

1.1.1. Welcome to the JERRICO ('JERRICO', 'we', 'us' and 'our') corporate
website. These terms of use (which we will call the ‘Terms’) set out the basis upon which you may access and make use of (i) our website (www.jerricobikes.com) (the 'Site') as a guest, (ii) our mobile applications using operating systems such as our iOS mobile application (the 'App'), and (iii) become a JERRICO rider ('JERRICO Rider') and make use of our bicycles and E-Bicycles (the 'Bicycles').


1.1.2. Please read these Terms carefully before you start using the Site, sign up to create a JERRICO account and become a JERRICO rider, or start using our mobile applications. If you continue to browse and use the Site or make use of our services which are shown on the Site (‘Services’), then you are agreeing to comply with and be bound by these Terms which shall govern JERRICO's relationship with
you in relation to the Services. 1.1.3. If you disagree with any part of these Terms, you must immediately stop using the Site or mobile applications and you may not sign up for a Subscription (which we explain below) or to buy any other services (as in section 2.14 below) from us.


1.1.4. These Terms should be read alongside our Privacy Policy, which governs and explains how we collect, process and share your personal data.

1.2. Information About JERRICO

1.2.1. JERRICO is a Sole Trading Institution which is registered in England and Wales . Our registered address is at JERRICO BIKES, 566 Chiswick High Rd, Chiswick, London W4 5AN United Kingdom. The Site is owned and operated by JERRICO.

1.2.2. You can contact us by email at help@jerricobikes.com if you have any questions about these Terms.

1.3. User Age Requirements

1.3.1. Our Services are solely for the use of persons aged eighteen (18) years or over. By using our Services, you warrant and represent that:
1.3.1.1. you are aged eighteen (18) years or older; and
1.3.1.2. all the information you provide to us about yourself is true, accurate, current and complete.

1.4. Changes To These Terms

We reserve the right, from time to time, to change these Terms at our sole discretion. The latest terms governing your use of this Site or our Services will always be displayed here. If you are a JERRICO Rider, we will give you at least fourteen (14) days' notice of changes to these Terms and, if you are not happy with those changes, you may cancel your JERRICO subscription by giving us thirty (14)
days’ notice.

2. Buzzbike Riders

2.1. Introduction

You are a JERRICO rider if you have completed the signup process on our Site, including agreeing to these Terms. By accepting these Terms during the signup process, you are agreeing to comply with and be bound by the following Terms.

2.2. Equipment Subscription

2.2.1. JERRICO shall hire you a Bicycle or E-bicycle and the lock delivered to you with your Bicycle (‘Equipment’) for you to use in accordance with these Terms.


2.2.2. Your bicycle will come with one key for use with your lock which you must keep safe. E-bicycles come with one key for the battery lock. JERRICO must always keep a spare key for your locks. If your key is lost, damaged or stolen, a replacement must be requested by you from us which will be provided at a cost which JERRICO shall notify to you at the time of your request. Any lost or stolen keys that are subsequently found, or damaged keys, must be returned to JERRICO immediately.

2.3. Membership Period

2.3.1 The period you may use the Equipment shall start on the day you take possession of that bicycle and shall continue (i) for any fixed term you choose when signing up (‘Subscription Plan’), or (ii) on a month-by-month basis if you choose this option (‘Standard Subscription’) (and in these Terms, a reference to ‘Subscription Period’ shall mean either a Fixed Plan or Standard Plan as appropriate) until your subscription is
terminated by either you or us in accordance with these Terms.

2.3.2 You may be required to provide a valid form of Identification and Proof of ID before your subscription Period can start. The requirement to do this will be communicated to you through the sign-up process.

2.4. Membership Fees

2.4.1.The cost of your Membership shall be as stated when you sign up on our Site (‘Membership Fee’).
2.4.2. Your first subscription Fee will be collected either (i) at the time you enter into your subscription on the Site, or (ii) on the day before you take possession of the Equipment. Subsequent payments will be taken the same day of each following month until your subscription comes to an end as set out in these Terms.

If you have entered into a free trial period then your first subscription fee will be taken 1 day after your free trial period ends unless you cancel before your end of free trial date arrives.

2.5. Payment Method

2.5.1. Subscription Fees, our charges for any loss of or damage caused to the Equipment (outside normal wear and tear - see clause 2.9.1.2) (‘Damage Fees’) and payments for any other items purchased via the Site will be charged using the credit or debit card details you provide to JERRICO. Cash payments are not accepted.

2.6. Payment Agreement

2.6.1. You agree to allow JERRICO to collect from all due subscription Fees and any applicable Damage Fees as set out in clause 2.13 from any payment method you have provided.

2.6.2. You agree that your Membership has recurring payments as explained below and
that you are responsible to make those payments.


2.6.3. JERRICO will only seek payment for Damage Fees in relation to your actions or failure to act as set out in clause 2.13. Such Damage Fees will be payable as set out in clause 2.13.


2.6.4. JERRICO reserve the right to amend the Membership Fees and Damage Fees at any time, subject to providing you with fourteen (14) days notification. If you do not agree with such changes then you will be given an opportunity to terminate these Terms.


2.6.5. You remain responsible for all amounts owed to us under these Terms, and if a payment is not made for any reason, such as due to the expiration of your payment method, insufficient funds being available at the time that payment is due, or for any other reason whatsoever, we may arrange a collection of your the Equipment and immediately cancel your Subscription. You will still be liable for the outstanding payment. Your payment details are stored securely by a third-party payment provider used by us to allow recurring payments to be taken.

2.7. Delivery

2.7.1.Delivery of the bicycle shall be made by us to your registered home address within JERRICO's operating areas/countries as set out on the Site from time to time.

 

For delivery, we will provide you with an estimated delivery day (‘Delivery Day’) and we will use reasonable endeavours to deliver the Equipment to the delivery location provided by you on the Delivery Day. Please note that the Delivery Day is provided for guidance only and we make no guarantee that your Equipment will be delivered on that Delivery Day. For in person, you will be able to select a two-hour collection window. We do not deliver or allow In-Person collection of the Equipment to anyone apart from yourself. Risk in the Equipment shall only transfer to you in accordance with clause 2.8 of these Terms and you will be asked to prove at least one form of ID upon delivery.


2.7.2. If you choose to have your bike delivered, you shall ensure that you shall be present at the delivery of the Equipment. Whether In-Person or Delivery, you will be required to provide Identification (Passport or Driving Licence only)

 

Acceptance of the Equipment by you shall be conclusive evidence that you have examined the Equipment and have found it to be in a brand new and immaculate condition, complete and fit in every way for the purpose for which it is intended. If required by us, you shall sign a receipt confirming such acceptance of the Equipment/bicycle.

2.7.3. The cost of delivery and collection of the Equipment shall be covered by us "JERRICO".  If delivery of the Equipment cannot be made during the Delivery Window because you or your authorised representative is unavailable for receipt, and we receive less than 12 hours notice from you about this, then further delivery attempts may incur an additional charge of £20.


2.7.4.Delivery of the Equipment will only be made if payment of all due Subscription Fees been made unless you have entered into a 3 month free trial period.

2.8. Title And Risk

2.8.1.The Equipment shall at all times remain the property of JERRICO, and you shall have no right, title or interest in or to the Equipment at any time (save the right to possession and use of the Equipment during the Subscription Period subject to you complying with these Terms).


2.8.2. The risk of loss, theft, damage or destruction of the Equipment shall pass to you when you take possession of the bicycle. The bicycle shall remain at your sole risk during the Subscription Period and any further time after your Subscription expires during which the Equipment is in your possession, custody or control such as until we collect the Equipment (‘Risk Period’). During the Membership Period and any Risk Period, you shall be solely responsible for the care and maintenance of the bicycle.


2.8.3. You shall (i) give immediate written notice to JERRICO in the event of any loss, accident or damage to the Equipment arising out of or in connection with your possession or use of the Equipment, and (ii) notify the police of any theft of the Equipment. JERRICO will, in relation to the first theft, accident or damage to your first Bicycle which occurs through no fault of yours, make reasonable endeavours to replace the Bicycle within fourteen (7) days of the date we receive notification, crime reference number & payment from you. You acknowledge that JERRICO may only provide one (1) replacement Bicycle and any further replacements are at the sole descretion of JERRICO.
2.8.4. Where you are eligible for replacement Equipment as outlined under clause 2.8.3, you may be required to pay certain fees, unless you have selected Theft Coverage Add On as outlined in claused 2.8.7. Further information on theft fees can be found on the Site.

2.8.5 In the event of any damage, once the Equipment is returned to JERRICO we will communicate any damage charges to you via email within seven (7) days. Any charges communicated will be applied to your account within seven (7) days. You shall have seven (7) days from when this communication is sent to dispute the damage.

2.9. Your Responsibilities As A JERRICO Rider

2.9.1.You shall during the Subscription Period and Risk Period:
2.9.1.1. ensure that at all times that the Equipment is in your possession or control and keep the Bike locked and secure when not being ridden by (i) parking your Bike both legally and securely, (ii) using the lock provided by us as part of the Equipment, (iii) ensuring the lock is securely locked around the frame of the Bicycle and attaching it to an immovable object, (iv) for E-Bicycles, ensure the battery is removed and (v) all in accordance with any operating instructions provided by JERRICO from time to time and which can be found on the Site.


2.9.1.2. subject to clauses 2.9.1.1, 2.9.1.3 and 2.11 maintain the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the day it is delivered to you (fair wear and tear only excepted) including replacement of worn, damaged and lost parts with JERRICO approved parts at your expense;


2.9.1.3. make no alteration to the Equipment and not remove any existing component(s) or markings from the Equipment without the prior written consent of JERRICO. You can get in touch with us at help@jerricobikes.com if you would like to make such an alteration;
2.9.1.4. not, without the prior written consent of JERRICO, (i) part with control or possession (except for the purposes of repair or maintenance), (ii) sell or offer for sale, (iii) underlet, or (iv) lend the Equipment;
2.9.1.5. not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of JERRICO in the Equipment, or bring JERRICO into disrepute;


2.9.1.6. not suffer or permit the Equipment to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you shall notify JERRICO straightaway and you shall at your sole cost and expense use your best endeavours to procure an immediate release of the Equipment and indemnify JERRICO on demand against any and all losses, costs, charges, damages and expenses incurred by JERRICO as a result;
2.9.1.7. not use the Equipment for any unlawful purpose;
2.9.1.8. check that the Bicycle (including, without limitation, its tyres, brakes, saddle, reflectors, bell, and for E-Bicycles, Lights) is road worthy;
2.9.1.9. abide by the Highway Code including observing all traffic signs and signals;
2.9.1.10.use the Equipment reasonably, considerately and responsibly;
2.9.1.11.ensure that at all times the Equipment remains identifiable as being JERRICO's property and, wherever possible, you shall ensure that JERRICO's notice of ownership is attached to the Equipment;
2.9.1.12. Deliver up the Equipment at the end of the Subscription Period or on earlier termination of these Terms and allow JERRICO or its representatives access to any premises where the Equipment is located for the purpose of removing the Equipment; and
2.9.1.13.not do or permit to be done anything which could invalidate the insurances that Buzzbike may have in place from time to time.

2.9.1.14.not carry or tow any load over 15kg whilst using the Equipment.
2.9.2. You acknowledge that JERRICO shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by you or any third party, and you undertake to indemnify and hold harmless Buzzbike on demand against the same, and against any and all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with these Terms.
2.9.3. You agree to notify JERRICO immediately of any changes to your personal details including, but not limited to, your name, address, contact number and payment details.

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