Last Revised: 21/02/2019
THE SERVICES MADE AVAILABLE TO MEMBERS OF KWIKLI LTD ARE PROVIDED ONLY ON THE CONDITION THAT THE MEMBER AGREES TO THE TERMS AND CONDITIONS IN THIS
MEMBERSHIP AGREEMENT (“AGREEMENT”) BETWEEN MEMBER AND KWIKLI LTD. BY ACCEPTING THIS AGREEMENT OR BY USING THE SERVICES, MEMBER ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT. IF THE INDIVIDUAL WHO SUBMITS AN APPLICATION 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 THE AGREEMENT.
IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT OR THE SERVICES, PLEASE CONTACT KWIKLI LTD VIA EMAIL AT email@example.com.
“Agreement” means this Membership Agreement.
“Application” means the Membership application process which must be completed on the Site or via the Apps in order to become a Member of Kwikli Ltd.
“Apps” means the Kwikli Ltd proprietary software applications accessible via a mobile device or computer and by which members may access the Services.
“Corporate Membership Agreement” means the agreement between a business or other legal entity and Kwikli Ltd to provide the 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 Kwikli Ltd.
“Rate Schedule” means the rate schedule currently referenced at https://kwikli.co.nz, as it may be updated by Kwikli Ltd from time to time, and which is expressly incorporated herein by reference.
“Rules Schedule” means the rules schedule attached to this Agreement, and which is expressly incorporated herein by reference.
“Kwikli” means the vehicle or other transportation device provided by Kwikli Ltd to Member in accordance with the Membership.
“Kwikli Ltd” means Kwikli Ltd, a corporation with its principal place of business in New Zealand.
“Services” means the Kwikli Ltd services as described in the Application and made available through the Site or the Apps.
“Site” means the Kwikli Ltd web site located at https://kwikli.co.nz.
“Member” means an individual that has submitted an Application, registered for a Member Account and been approved for Membership.
“Member Account” means a web-based portal provided by Kwikli Ltd that is used by Member to manage its Membership, billing information and other Member information (e.g., name, address, email address, use privileges).
“Membership” means a non-exclusive, nontransferable right to use the Services in accordance with and subject to the terms and conditions of this Agreement.
“Membership Fees” means the agreed upon fees set forth in an Application, and as adjusted from time to time and described in the Rate Schedule. Membership Fees may be reduced or waived, depending on the Member’s initial sign up offer.
“Membership Term” means the agreed upon time period set forth in an Application, and all subsequent renewal periods.
“Orientation” means training provided by Kwikli Ltd, for no additional charge, to Members to orient Members with the Kwiklis and their appropriate use.
Membership. Contingent on Kwikli Ltd acceptance of Member’s Application, Member’s fulfillment of its payment obligations, and subject to the terms and conditions of this Agreement and the successful completion of Orientation, Kwikli Ltd will provide Member the Services as set forth in the Application for the Membership Term. Member may use the Services solely for Member’s own purposes (not for the benefit of any other person or entity) during the Membership Term, provided Member has paid and continues to pay any Membership Fees, if applicable. If a business or other legal entity has entered into a
Corporate Membership Agreement, the Member’s covered by that Corporate Membership Agreement may use the Services solely for the purposes set forth in the Corporate Membership Agreement and Kwikli Ltd shall not be responsible for communicating such allowable uses to such Members.
Purpose of the Agreement. This Agreement is a vehicle-sharing service subscription agreement between Kwikli Ltd and Member, but does not in itself confer any right of use of the Kwiklis. The Member may use Kwiklis belonging to Kwikli Ltd after registering and being approved for a Membership and paying any corresponding Membership Fees, if applicable. The Member does not, by this Agreement or otherwise, acquire any rights of ownership or control over Kwikli Ltd, its operations or finances, or any vehicle or other transportation device made available for use by Members.
Kwikli Ltd is the owner of the Kwikli and any item it makes available to Member during the term of this Agreement.
Changes to Member’s Membership. Kwikli Ltd retains 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 must:
Own or control a mobile device that is compatible with the Apps and the Kwiklis. Member is responsible for obtaining at its own expense all equipment and services needed to access the Services via such mobile device. Member understands that its wireless carrier may charge it certain fees for data, text messaging, and other wireless access or communications services. Kwikli Ltd does not guarantee that the Apps can be accessed through all wireless devices or service plans or are available in all geographical locations.
Be at least 18 years old. Riders under 21 years old may be required to attend in- person orientation.
Have a driving history that meets Kwikli Ltd eligibility requirements, which may, in Kwikli Ltd’ sole discretion, be revised from time to time (current eligibility requirements can be found at https://kwikli.co.nz;
Deliver to Kwikli Ltd a fully complete Application, including an agreement to be bound by the terms of this Agreement, together with all documents requested by the Application, which shall be accurate and truthful in all respects. Submitting an Application authorizes Kwikli Ltd to obtain an applicant’s driving records from the jurisdiction in which applicant is licensed.
Satisfying the eligibility criteria mentioned in Section 3.a. does not automatically give an applicant the right to become a Member. Acceptance of the person’s Application is subject to approval by Kwikli Ltd in its sole discretion.
SECURITY DEPOSIT; FEES; PAYMENT
Security Deposit. Member may be required to pay Kwikli Ltd a refundable security deposit, dependent on their Membership, or because Kwikli Ltd determines (at its sole discretion) that the Member, or potential Member, may present a higher risk than other potential Members.
No interest will be calculated or paid on any security deposit.
Within 60 days following the termination of the Agreement, any security deposit shall be reimbursed to the Member, less any amounts owed to Kwikli Ltd by the Member under the Agreement. Should the security deposit be insufficient to cover the amounts owed, Kwikli Ltd reserves the right to take any actions necessary to recover the full amount and charge its Member any and all reasonable fees associated with its collection efforts.
Fees. The Member agrees to pay to Kwikli Ltd the Membership Fees (when applicable) and other charges and fees, in accordance with the type of Service Member has selected and as listed in the Rate Schedule as set forth at https://kwikli.co.nz and hereby expressly incorporated into this Agreement by reference.
RENEWAL: IF YOU SELECT A MEMBERSHIP PLAN THAT INCLUDES A MONTHLY MEMBERSHIP FEE, KWIKLI LTD WILL IMMEDIATELY CHARGE THE MONTHLY PAYMENT TO YOUR SELECTED PAYMENT METHOD FOR THE FIRST MONTH, AND WILL RENEW SUCH MEMBERSHIP AUTOMATICALLY AT THE END OF THE MONTHLY PERIOD, AND CHARGE THE MONTHLY MEMBERSHIP FEE FOR SUCCESSIVE MONTHS, UNLESS YOU CANCEL YOUR MEMBERSHIP, OR SELECT A DIFFERENT PLAN, WITHIN 30 DAYS OF SELECTING YOUR MEMBERSHIP PLAN.
No Refunds. All fees relating to the Membership, including any Membership Fees, if charged, and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable. If an application fee is required in connection with submitting an Application, such application fee is nonrefundable once Kwikli Ltd has paid to check the applicant’s motor vehicle record.
Method of Payment. Member shall pay all fees and costs incurred when due, including application fees, Membership Fees (if applicable), and other costs and fees as provided in this Agreement and the Rate Schedule. Member agrees that Kwikli Ltd may charge
Member’s selected payment method for any such payments. Kwikli Ltd accepts payments through payment methods detailed on the applicable payment screen, which may include various credit cards, Stripe, Square, and PayPal. Member may be asked to provide Kwikli Ltd with a credit card number from a card issuer that Kwikli Ltd accepts in order to activate and/or pay for any fees related to the Services.
Pre-Authorization. Kwikli Ltd may seek pre-authorization of Member’s credit card account prior to a fee or cost becoming due to verify the credit card is valid and/or has the necessary funds or credit available to cover such fees or costs. Such pre-authorization may be in an amount up to the full replacement cost of a Kwikli. These pre-authorizations will
reduce Member’s available balance by the authorization amount until it is released or reconciled with the actual charge. Member should contact its card issuer if it has additional questions regarding when an authorization amount will be removed from a statement.
Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Kwikli Ltd does not accept payment forms other than those specified on the applicable payment screen.
Taxes. Unless stated otherwise, Membership Fees and other costs and fees are inclusive of GST. [Member will be provided with a trip summary (including total charge) by email at the end of your trip and/or these can be access through the App.]
Disputed Charges. MEMBER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO MEMBER IN WRITING TO KWIKLI LTD WITHIN 30 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
Delinquent Accounts. Any Member Account which is delinquent will be suspended or terminated solely at Kwikli Ltd’ discretion. Any credit card which is rejected may result in suspension or termination of Member’s Membership solely at Kwikli Ltd’ discretion. The Member must notify Kwikli Ltd 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. Kwikli may seek third party assistance with unpaid or delinquent accounts if the Member does not pay outstanding charges.
DAMAGES; LIABILITY COVERAGE; COLLISION DAMAGE FEE WAIVER
Damage to Kwiklis. During the reservation of a Kwikli, all users are required to report to Kwikli Ltd of any damage to a moped before their ride begins. During the reservation, all users are required to report any damages to Kwikli Ltd during the course of their ride. If damage is reported by a user or a Kwikli employee/contractor before a rental, the circumstances surrounding the user of the last rental undertaken (before the damage was noticed and reported) with that specific moped may be investigated for damages, and that user may be required to pay for any damages that Kwikli Ltd needs to repair. If a user reports damage during their rental, they will be charged for any repair work. Kwikli Ltd may place a ‘holding amount’ on a users payment method during the investigation of damages, and any repair work that is required will be extracted from this amount. Members may be liable for the full cost of any loss or damage if there is theft, damage or vandalism as a result of the Member’s breach of the Membership Agreement or other acts or omissions. The Member may be held responsible for any and all loss or damage to the vehicle resulting from any cause, including but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God, regardless of fault. Under such circumstances, the Member may also be held responsible for loss of use of each Kwikli vehicle while it is being repaired due to damages.
Subject to the exclusions set out below, Kwikli Ltd provides insurance coverage for damage to Kwiklis during the time a Member is responsible for a Kwikli. [Unless Collision Damage Waiver is taken (see below]. Member is responsible for an excess of a minimum of $1,800 (or $2,500 for International licence over 18 years old), unless damage to a Kwikli is determined to be the fault of a third party and the excess can be recovered from the third party or its insurer. A separate excess applies to each accident involving a Kwikli.
Liability Coverage. Subject to the exclusions set out below, if the member does not hold their own motor vehicle insurance and/or to the extent the member’s own motor vehicle insurance does not provide, Kwikli Ltd provides liability coverage for damage caused to third parties arising from a Member’s use of Kwiklis. The Member is required to pay an excess of a minimum of $1,800 (or $2,500 for International licence over 18 years old) for each and every claim to any and all third parties for which the Member is liable. Kwikli and our insurance provider offer coverage to the Member for up to $2,000,000 of third party liability for any claim or claims arising from any one accident. A separate excess applies to each accident.
Damages beyond these levels, in addition to the minimum excess of $1,800 (or $2,500 for International licence over 18 years old) per accident mentioned above, are the responsibility of the Member. However, such liability coverage does not cover damage where the exclusions below apply, and in such an event Member will be responsible for the full cost of such damage. The Member must obtain a police report on the accident in order to benefit from Kwikli Ltd’ liability coverage or excess liability insurance. Kwikli’s coverage is contingent on the Member paying any and all $1,800 (or $2,500 for International licence over 18 years old) excesses per each accident.
Collision Damage Waiver. To the extent that Kwikli offers Members a Collision Damage Waiver (“CDW”) and Member purchases such CDW, the Member shall not be responsible for physical damage to the Kwikli. Notwithstanding the foregoing, even with the purchase of a CDW, the Member will still be responsible for damages if: the exclusions below apply. Additionally, the CDW does not (i) cover damages caused by fire, theft, vandalism, or damage resulting from intentional or criminal acts, (ii) provide coverage to personal effects, (iii) provide any coverage to third parties, or (iv) cover the cost of returning the Kwikli to Kwikli Ltd after repairs are made.
Your own auto or umbrella policies or credit card coverage may provide coverage for damage to you, to Kwikli Ltd’ property or third parties. THE ELECTION OF OPTIONAL CDW COVERAGE FROM KWIKLI LTD 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.
Any of the following voids all insurance, accident, or liability coverages, including any CDW (where permitted by law); makes Kwikli subject to immediate recovery by Kwikli Ltd without notice to Member; and makes Member responsible for all loss or damage to, or connected with the Kwikli, including Kwikli Ltd’s expenses, to the maximum extent permitted by law.
· any use of a Kwikli that is prohibited by this Agreement
· failure to report an accident or damage to Kwikli Ltd and the police in accordance with this Agreement and the Rules Schedule
· failure by the Member to cooperate with Kwikli Ltd in investigating or defending against a claim
· Loss arising from theft or conversion by a prospective purchaser;
· Liability in connection with the bringing of a load to the Insured Motorcycle or taking away the load from it;
· being used for any professional or business use unless notified and accepted by Kwikli Ltd, or any racing, pacemaking, reliability trial, hill climbing or speed tests, motor cross, trail riding or off road recreational activity, or being ridden in preparation for any one of these activities;
· being ridden in an unsafe condition. For the purposes of this exception unsafe condition;
· includes any condition which is contrary to any recommendation by the manufacturer of the Insured Motorcycle or legal requirement;
· being ridden by any person, who:
o is under the influence of any intoxicating substance or drug; or
o has a proportion of alcohol in the blood which exceeds the legal limit. This exception will apply notwithstanding the rider may have died as a result of the Accident; or
o has a proportion of alcohol in the breath which exceeds the legal limit; or
o fails to supply a blood or breath sample as required by law; or
o fails to stop, or remain at the scene, following an Accident as required by law.
A certificate of conviction of the rider, may be used by Kwikli Ltd as sufficient evidence for these exceptions to apply where the offence was committed at the time of or following the Accident;
A certificate of analysis of the rider’s blood or a reading from an evidential breath testing device of the rider’s breath may be used by Kwikli Ltd as sufficient evidence of the rider’s minimum blood or breath alcohol level at the time of the Accident;
· loaded or operated in excess of the manufacturer’s recommended specifications, or loaded contrary to regulations or statute, or operated for its specialised purpose and not as a vehicle contrary to regulations or statute;
· deliberately brought about by any Insured under this Policy;
· are on any racetrack;
DUTIES AND RESPONSIBILITIES OF MEMBER
Orientation. Member agrees to complete Kwikli Ltd’ Orientation. Member’s Membership will not be activated until Member successfully completes Orientation. Successful completion is determined solely in Kwikli Ltd’ discretion.
Acknowledgment. The Member declares to Kwikli Ltd that it 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.
Driving Record. Member shall promptly notify Kwikli Ltd 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 kilometres per hour over the legal speed limit.
Member agrees to follow all rules as set forth at https://kwikli.co.nz and hereby expressly incorporated herein.
Reporting of Accidents and Cooperation. If, while Member is in possession of a Kwikli, the Kwikli is involved in an incident that results in injury or damage to a third party or third party property, Member must, as soon as possible, but in any event within 1 hour, notify 111 (if appropriate), contact the police and fill out an official police report, contact Kwikli Ltd immediately and provide the following information to Kwikli Ltd:
Date, time and location of incident;
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);
Your insurance company’s information if you have a motor vehicle policy; and,
Circumstances surrounding event.
Police report number.
Member must not, without Kwikli Ltd’ prior written consent, admit liability or make or give any payment, settlement, waiver or indemnity in relation to the incident.
In the event of injury or damage to a Kwikli, a third party or third party property, Member agrees to cooperate fully with Kwikli Ltd’ investigation of such event and the defense of any resulting claim or litigation.
Member agrees that Kwikli Ltd 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.
WARRANTY DISCLAIMERS, INDEMNIFICATION & LIABILITY EXCLUSIONS
Membership does not guarantee the availability of a Kwikli for use by Member. The use of Kwiklis by Members is subject to availability, on a first-come, first-served basis, and although Kwikli Ltd’ makes an effort to meet the demand for Kwiklis by Members, Kwikli Ltd cannot guarantee that supply will be adequate to provide a Kwikli to Member at any given time. Kwikli Ltd cannot and does not guarantee the availability or functionality of a Kwikli, 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 Kwikli, even if it has been advised of the possibility of such damages.
To the maximum extent permitted by law:
· Kwikli Ltd makes no warranty express or implied as to any matter whatsoever including, without limitation, the condition of a Kwikli. Member accepts the vehicles in “as is” condition. accordingly, Kwikli Ltd, its affiiliates, their respective directors, officers, employees, and agents make no representations or warranties, express or implied, regarding the use or performance of the vehicles. all other warranties, express or implied, are hereby disclaimed, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose; and
· Kwikli Ltd is not liable for any indirect, special or consequential damages arising out of Member’s use of a Kwikli.
To the maximum extent permitted by law, and except to the extent any loss or damage is caused by the negligence or misconduct of Kwikli Ltd or its personnel:
· Member agrees to release Kwikli Ltd from and indemnify Kwikli Ltd against all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Kwikli Ltd arising from or related to Member’s use of a Kwikli or any person permitted by Member to use a Kwikli;
· The Member agrees to indemnify and hold harmless third party garages or locations where Kwikli Ltd parks Kwiklis for Members to pick up, drop off, or otherwise operate during the course of their reservation or while present at said locations using the Kwikli app and/or with any purpose associated with their Kwikli membership; and
· Kwikli Ltd shall not be responsible for any loss of, or damage to, any goods in or on the Kwikli, including Member’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 Member during the period Member is responsible for a Kwikli.
· Kwikli Ltd shall not be responsible for direct, indirect, incidental or consequential damages or injuries arising from the use of any Kwikli accessories supplied by Kwikli Ltd (e.g., helmet, lock). The Member 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, Member should not use such accessory and should promptly notify Kwikli Ltd and request a replacement.
Except to the extent permitted by law, nothing in this Agreement has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other liability or consumer protection law that cannot be excluded. To the extent Kwikli Ltd’s liability cannot be excluded but can be limited, Kwikli Ltd’s liability will be limited to NZD$100.
Member agrees to familiarize itself with a Kwikli operation prior to use. Kwikli Ltd cautions Member to determine for itself the suitability of the use of the Kwikli for any purpose.
Specifically, Members agree to observe the following precautions when using the Kwikli:
Drive safely. Even driving within the speed limit, adjust driving behavior in order to drive safely according to road conditions. Drive with very careful attention to pedestrians and bicyclists. Be sure to look backwards before reversing, and reverse carefully.
Ensure the vertical path of the doors are clear before opening or closing them. The low- speed vehicle doors are spring loaded and open fairly quickly. Hand placement after handle release is important to avoid trapping one’s hand against the plastic shield when inside the low-speed vehicle.
Follow instructions to turn on the Kwikli. The procedure must be followed exactly, or the low-speed vehicle will not turn on.
Ensure the area surrounding the seat and seat runners is clear before adjusting the seat.
Member agrees to truthfully notify Kwikli of any motoring convictions, infringements, prosecutions over past 5 years or any criminal convictions of intended driver/s involved in the operation of vehicles. Member also agrees to truthfully notify Kwikli of drivers licence suspensions or cancellations within immediate effect of when they occur.
Member takes on ALL liability and responsibility of a pillion passenger they carry.
There is no “Park” gear, so the hand brake must be engaged each time the vehicle is “parked”. There is no warning provided if the low-speed vehicle is left in Neutral without the parking brake engaged and the motor is turned off.
Follow instructions on how to engage and disengage the hand brake.
If there are any problems with the low-speed vehicle, park in a safe location and call the Kwikli hotline at 0508594554.
Never touch the underside of the low-speed vehicle or any of the electronic parts of the vehicle.
CHANGES TO THE AGREEMENT, TERM, NOTICES
Kwikli Ltd reserves the right to revise this Agreement in its sole discretion at any time and shall give notice to Member of such revisions. Notice will be considered given when the revised Agreement is posted to the Site or on the Apps or when sent by email to the Member email address on file with Kwikli Ltd. Any revisions to the Agreement are effective upon such notification. The Agreement will be identified as of the most recent date of revision. Member should visit this page regularly to ensure its continued acceptance of this Agreement. If any change has an adverse effect on Member, Member may terminate the Agreement on notice to Kwikli Ltd by email firstname.lastname@example.org, provided Member does so before you next use the Services. Member’s continued use of the Services after any revision to these Terms constitutes its binding acceptance of the revised Agreement. If Member terminates the Agreement in accordance with this Section as a result of a change that has an adverse effect on Member, Kwikli Ltd will refund to Member the pro rata portion of any prepaid Membership Fees that relates to any period following termination. Notwithstanding the preceding sentences of this Section, no revisions to this Agreement will apply to any dispute between Member and Kwikli Ltd that arose prior to the date of such revision.
Term and Termination of the Agreement; Renewal. The Agreement shall be in force upon Kwikli Ltd acceptance of Member’s Application, payment of applicable fees, and completion of Orientation and shall remain in force until terminated pursuant to this Section or as otherwise provided in the Agreement, as applicable.
Termination by Member. Member may terminate this Agreement at any time without cause upon one week written notice to Kwikli Ltd. In order to be effective, notice of termination must be sent to Kwikli Ltd by email email@example.com.
Termination by Kwikli Ltd. Without Cause. Kwikli Ltd may terminate this Agreement at any time without cause upon one week written notice to Member. If Kwikli Ltd does so, Kwikli Ltd will refund to Member the pro rata portion of any prepaid Membership Fees that relates to any period following termination.
For Cause. This Agreement shall be automatically and immediately terminated, upon written notice by Kwikli Ltd to the Member if the Member: is not paying its debts as such debts generally 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 offence (e.g., such as driving under the influence of alcohol or controlled substances, hit-and-run, reckless driving).
Kwikli Ltd may, at any time, without notice, immediately terminate the Agreement if the Member fails to pay any sum due under the Agreement or the Rate Schedule.
Operating a Kwikli under this Agreement requires maintaining a good driving record, and therefore, Kwikli Ltd may, from time to time, check Member’s driving records and reserves the right to terminate this Agreement at any time, without notice, if Member’s driver’s license is suspended, revoked, invalid or if the Member is convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving over the legal speed limit.
Kwikli Ltd may, at any time, without notice, immediately terminate the Agreement if the Member does not comply with any term or condition specified in the Agreement or the Site or Apps.
In case of termination, the Member agrees to return immediately to Kwikli Ltd any Kwikli, or any other article Member might have in its possession under the Membership.
Member agrees to pay any legal fees, court costs or costs of other legal procedures necessary for Kwikli Ltd to recover any amounts due and owing, the Kwikli or any other object the Member might have in its possession under this Agreement.
Member 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, Kwikli Ltd reserves the right to impose service fees on the Member, in case of non-observance by the Member of any provision of this Agreement, in the manner and amounts specified in the Agreement and/or the Rate Schedule.
Choice of Law; Venue. Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the laws of New Zealand for all claims, without regard to or application of choice of laws, rules or principles. The parties hereby consent to the exclusive jurisdiction of the courts in New Zealand.
Notices. Member must provide any notice required in accordance with this Agreement via the Member Account or the following email address: firstname.lastname@example.org. Kwikli Ltd’ 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 number provided by Member), by New Zealand mail or by courier, except that Kwikli Ltd may give notice of an amendment to the Agreement by posting the notice on the Site, the Member Account, or by email to the email address on record. By providing Member’s mobile telephone number to Kwikli Ltd, Member consents to receive text messages from Kwikli Ltd relating to the provision of the Services. Notices are deemed received as of the time delivered. Kwikli Ltd may periodically send Member messages of an informational or advertising nature via email. Member 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, or by replying to a text message with the word STOP. Member acknowledges and agrees that notwithstanding Member’s request to opt out from such messages, Kwikli Ltd may still send and Member may still receive emails or text messages reasonably required for the proper conduct of the Services. If Member does not wish to receive any messages from Kwikli Ltd, Member must terminate its Membership and cease using the Services.
Data Breach Notification. Notwithstanding Member’s determination to opt-out of receiving electronic messages or cease use of the Services, Member agrees that in the event an incident occurs in which a third party obtains unauthorized access to Member’s personal data provided to Kwikli Ltd, Member agrees that should Kwikli Ltd become legally obligated to provide notice of such unauthorized access Kwikli Ltd may provide such notice to Member electronically by using the email address or mobile telephone number provided by Member.
Corporate Membership Agreement. Under this Agreement, an employee or member of a business or other legal entity has entered into a Corporate Membership Agreement shall be treated as a Member for purposes of this Agreement. The entity and such Member are jointly and severally responsible for their commitments to Kwikli Ltd and for any claim or other action Kwikli Ltd might take against them.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Member, but may be assigned by Kwikli Ltd without restriction. Any assignment attempted to be made by Member 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 Kwikli Ltd 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 Kwikli Ltd 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 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 significant failure of the Internet, 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.
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. Kwikli Ltd is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Kwikli Ltd.
If there is a conflict between the terms of the Application or a Schedule and the Agreement, the Agreement will govern.
Independent Contractors. Kwikli Ltd 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.
I, [to be completed electronically], have read and understand the Kwikli Ltd Membership Agreement.
Date: [to be completed electronically] Signature: [to be completed electronically]
In addition to the rules and obligations set forth in the Membership Agreement, Members are required to abide by the rules set forth in this Rules Schedule. By becoming a Member, 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 of your Membership.
Capitalized terms used herein, shall have the same meaning as given in the Membership Agreement.
WHO MAY OPERATE A KWIKLI
See Eligibility section for more requirements.
Only Members in good standing may operate a Kwikli. Non-Members are expressly prohibited from operating a Kwikli. Subletting or re-letting of the Kwikli to another person, even to another Member, is expressly prohibited.
Persons over 155kg may not operate a Kwikli, as such weight exceeds the maximum weight limit for a Kwikli.
Only one person may ride a Kwikli at a time, unless the user has the legally required licence to carry a passenger, that is, they have obtained either a Class 1 or Class 6 Full, allowing them to drive with passengers and no time restraints. Both persons MUST be wearing a helmet.
Kwiklis shall not be used as follows:
By anyone not wearing a helmet;
By anyone who does not hold a valid licence (see Eligibility section) or whose licence is suspended or revoked;
To propel or tow any vehicle, trailer, or other object;
To instruct any person in the operation of a Kwikli (send them to Kwikli’s in-person orientation);
To “lane split” in moving traffic – riding between lanes of traffic or lanes of traffic and parking in order to pass other vehicles while those vehicles are also moving;
To ride in designated bicycle lanes;
To transport animals of any kind or nature, living or otherwise;
During a race, competition or to perform tricks;
For the primary purpose of transporting people or operating a taxi service WITHOUT prior permission from Kwikli Ltd;
While under the influence of drugs, alcohol or medication;
For the purposes of or during the commission of a crime or other illegal activity;
In a negligent or abusive manner or for any use outside the scope of a Kwikli’s intended purpose (violating a traffic law, or receiving a ticket in an accident 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 Kwikli Ltd with false information in order to become or remain a Member;
On the Harbour Bridge, or on roads with speed limits over 50 KPH such as motorways or grade-separate highways, on unpaved roads, on sidewalks or in bicycle lanes;
To carry over 15 kgs of cargo;
To carry a passenger, unless the user has the legally required licence to carry a passenger , that is, they have obtained either a Class 1 or Class 6 Full, allowing them to drive with passengers and no time restraints, and the vehicle is designed to carry two people ;
While there is inclement weather, including heavy rain, snow, electrical storms or strong wind, which make it more dangerous to operate a Kwikli; or
While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Kwikli 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 Kwikli, as determined by Kwikli Ltd in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.
Kwiklis are available to Members on a first-come-first-served basis or via reservation.
Members using a Kwikli on a first-come-first-served basis will be billed for the time they use the Kwikli according to the Rate Schedule.
If a reservation is made available by Kwikli Ltd, Members shall make such reservation via the Site or an App in advance of use and will be billed at the time of the reservation.
Reservations can be extended via the Site or App. Members may cancel or change an existing reservation via the Site or App until fifteen minutes after the reservation was made.
Member must return the Kwikli to a Kwikli location with available parking selected via the app, secured, clean and in good working condition, and plug the Kwikli into a power outlet if one is available at the Kwikli location.
Member is responsible for ensuring that a Kwikli retains enough charge to be returned by Member to its designated location during a Member’s use of such Kwikli. If Member fails to so ensure, Member will be solely responsible for the reasonable cost incurred by Kwikli Ltd to return the Kwikli to its designated location.
Prior to taking possession of a Kwikli, Member must inspect the Kwikli for evidence of damage and disrepair (e.g., obvious dents, flat tires, out of service brake lights, turn signals, and working brakes). If any damage or disrepair is discovered, Member must notify Kwikli Ltd immediately to avoid being held responsible for such damage or disrepair. If Member fails to report any evidence of damage prior to using the Kwikli, Member may be liable for
the cost of repairing the Kwikli. For Member’s own safety, Member is prohibited from operating a Kwikli if any of the following equipment is not in good working order: tires, brakes, lights and signals, or mirrors.
Members are responsible for all charges and costs incurred, and any damages, related to the Kwikli from the time a Member activates a Kwikli until the Kwikli is returned and secured at its designated location.
Members must operate the Kwikli in accordance with the Orientation received and any operation manuals provided by Kwikli Ltd.
Member must notify Kwikli Ltd immediately in the event that the Kwikli: malfunctions; is damaged; or is stolen. In the event that, through no fault of Member, the Kwikli malfunctions or is damaged to an extent that it is no longer serviceable and Member is no longer able to return the Kwikli to its designated location or the Kwikli is stolen, the Member may use an alternate form of transportation, like a taxi, and Kwikli will give the Member ride credit of up to $10.
Member is responsible for any parking or driving fines, penalties and offences, including fines for late payment and any processing fees, due to Member’s use of a Kwikli. Member agrees to pay for all fines and penalties incurred. Such fines, penalties and offences must be reported to Kwikli Ltd as soon as reasonably possible, but in any event, in advance of the deadline to respond to the notice of the fine, penalty or offence. If Member fails to pay for any fines or penalties incurred, and
Kwikli Ltd pays such fines and penalties, member agrees that Kwikli Ltd may charge member’s payment method on record in accordance with the Agreement.
This schedule will be changed from time to time as Kwikli Ltd makes changes to its service without advance notice. Members are responsible for reviewing the price estimates before riding and reviewing changes to ride costs emailed, posted in the app, or otherwise communicated to the Member. Ride estimates are based on the first 30 minutes of a Member’s ride only.
Please refer to https://kwikli.co.nz/pricing/ for the most up to date rates.
Members may be charged a one-time signup fee that currently varies from $0-79.
For rides on Kwiklis: Please refer to https://kwikli.co.nz/pricing/ for the most up to date rates.
Prices are variable based on the Kwikli’s charge level, the Member’s parking destination, the time of day, availability of Kwiklis, and other relevant factors. Some rides may be further discounted based on Kwikli’s discretion.
FEES AND PENALTIES
Please refer to https://kwikli.co.nz/pricing/ for the most up to date rates.
You are responsible for any parking fines and tickets, towing and clamping costs, speeding fines and tickets and driving offences that occur as a result of your use of a Kwikli during your ride or after you drop off. If you get a fine or ticket and know it, please go ahead and pay it, and let Kwikli know. Otherwise, Kwikli will get a bill and we’ll add the fine or ticket to your account, plus an additional fee for removing any unlawfully parked mopeds. If you attempt to dispute a fine or ticket with the issuing authority, you must pay Kwikli first and we’ll refund the payment only if you’re successful in your dispute. Please know that Kwikli gets notices of fines, tickets and offences in bulk and it may take more than a month before we notify you of your fine, ticket or offence. When in doubt, park carefully.
Ending your ride on the street outside of a Green Zone: If you end your ride and leave your Kwikli on the street outside of our designated on-street parking areas (Green Zones on the map in the app), we will have to go get it and bring it back, so we will charge you a fee for that. You are responsible for any parking fines and tickets and towing and clamping costs on that Kwikli until we retrieve it.
Leaving your Kwikli unlocked: If you forget to lock up your Kwikli (including the seat, helmet box, and handlebars or center stand), the Kwikli could get stolen, which is bad. We will charge you a fee for re-securing your Kwikli.
Getting towed: You are responsible for paying tickets and towing fees that occur as a result of your use of a Kwikli during your ride or after you drop off. You will have to pay any tickets and towing fees— plus a fee for us to rescue the Kwikli from the tow lot. You will be charged right after Kwikli pays the towing fee and parking citation. If you dispute the towing charges with the authority that towed the Kwikli and you succeed, Kwikli will refund your towing fees and any citations if you provide proof. Don’t get towed!
Safety violations: If you ride without a helmet, carry a passenger, let someone else ride your Kwikli, or use your Kwikli in any other way that is unsafe to you or others, including moving violations while riding, we will charge you a fee and may limit your use of the service.
LOST OR DAMAGED EQUIPMENT COSTS:
Lost/damaged helmet: If you lose or damage a helmet to a Kwikli, or accidentally take a helmet home with you after your ride, we will charge you per item to replace it. If you return the helmet you will only be charged for the Kwikli rental time between when you took the helmet and when it is returned.
Damage Fee/Excess: Minimum of $1,800 (or $2,500 for International licence over 18 years old) per accident. Accidents happen. If you report the damage to Kwikli and pay your excess, then we will not charge you more than these amounts (and usually much less). We don’t make money on repairs and often give Members discounts. Damage fees/excesses for Kwiklis do not include excesses for third party injuries or property damage, which also have a minimum of $1,800 (or $2,500 for International licence over 18 years old) excess for each accident. Kwikli’s coverage is contingent on the Member paying any and all excesses.
Stolen Kwikli: If your Kwikli is stolen during your rental due to unlawful or negligent riding, and we are unable to recover the vehicle through our tracking technology or other means, Kwikli Ltd may charge you a negligence fee. If your Kwikli is stolen due to your actions, you may be liable for the full replacement value of the Kwikli.