These terms and conditions, together with all documents referenced within it (the “Agreement”) set forth the legally binding terms and conditions for Your use of the Services provided by Zenway Mobility Ltd, a company registered in England with company number 14879692 and with its registered office at 128 City Road, London, EC1V 2NX, UNITED KINGDOM (“Zenway or We”). The purpose of this Agreement is to regulate the Services provided by Zenway, which is to offer you (“You”) the use of electrical bikes or electrical bikes with a bike trailer after You have registered Yourself in the Zenway app.
In this Agreement, the following words, terms and phrases have the following meaning:
You and Zenway are the sole parties to this Agreement. You are the sole user of the Services and You must not allow any others to use the Vehicle or access your account with us.
In order to use the Services, You must register an account in the Zenway App. You have to follow the instructions given during the registration procedure and provide correct information. Without proper registration You must not use the Services. You may only register one account for You and shall only undertake one registration. You shall make sure that no one else but You makes use of Your registration, particularly with regard to using a Vehicle. If You become aware of the risk that someone else uses Your registration or could use Your registration, for example because Your computer or mobile device by which You may access the Vehicle has been stolen, You shall inform Zenway as soon as possible in accordance with Section 8. If you allow a third party to use Your registration or a Vehicle, You will be responsible for any and all use and/or misuse of the Services by them or any other third party accessing your account and/or any Vehicle via your account.
Zenway shall provide You with the opportunity to use the Zenway App in order to book, activate, use and deactivate a Vehicle if there is a Vehicle available.
You must be at least 16 years of age to use our Vehicles. If You allow a minor to use a Vehicle by e.g. activating it through Your account, You shall be responsible for any and all use and/or misuse. A minor is any person under the age of 16.
You must be physically fit and reasonably competent to use the Vehicle, particularly with regard to taking part in street traffic and complying with traffic rules and regulations and following the Highway Code for cyclists including but not limited to:
You must not take a Vehicle outside of the United Kingdom during your rental period or otherwise.
During your rental, it is your responsibility to ensure the Vehicle is always secured while unattended. You must secure the Vehicle using the provided Ring Lock and Chain. The Chain must be attached securely to an Immovable Object.
Where you are using an E-Bike + trailer, the trailer will remain attached to the E-bike unless you choose to detach it. Terms relating to locking and unlocking the trailer from the E-bike are set out in section 1.7. You are recommended to attach/detach the trailer to the E-Bike outside of the building in order to safely maneuver inside the building.
Your access to Vehicles shall be subject to availability, save we have a private agreement with you in relation to a specific Vehicle where you have reserved access for a specified Period. We are not responsible if You are unable to locate an available Vehicle and we make no warranty or representation that Vehicles will be available.
Availability of Vehicles may differ within a Building due to high demand.
Zenway will make every effort to make the Vehicle available at the start of your booking. However, Zenway accepts no liability if a Vehicle is not available either because it has not been returned or is not in a rideable condition for any reason. In this case, You will be eligible for a refund of the full booking amount. If this is the case, you must alert Zenway as soon as possible in accordance with this Agreement.
You have to use your personal account in the Zenway app to book a Vehicle before starting a ride. Booking a ride implies choosing the type of Vehicle you want to hire, rental starting date & time, rental ending date & time and paying for the rental duration. When you make a booking, you can choose which type of Vehicle you would like to rent, subject to availability in your Building.
You can only start a rental once you have made a booking. To start a rental you need to go to the Designated Parking Zone, open the Zenway app and start the rental by unlocking the Vehicle via the Zenway app. You must have an internet connection on your mobile device in order to unlock the Vehicle.
Before using your Vehicle, it is your responsibility to conduct basic safety checks including but not limited to a visual inspection, checking the battery level and testing the brakes, and in the case of an E-Bike + trailer, checking if the trailer is properly attached before starting the ride. Instructions on how to attach the trailer to the E-Bike are shown on a poster in the bike storage room in the building. You must not use the Vehicle if there are any noticeable issues (such as, amongst other things, visible damage to the Vehicle’s wheels, brakes, lights or frame, issues in relation to the battery level, signs of unusual or excessive wear of any kind or any other visual damage to the Vehicle or any malfunction of the brakes). If You notice any such issues with the Vehicle, You must not use the Vehicle. We would appreciate it if You let us know about such an issue in accordance with the information in Section 8 below. You will be required to demonstrate the issue to us in order to qualify for a refund where you have pre-paid for access to a Vehicle which is not in suitable condition to be used.
If the battery of your Vehicle is depleted during your ride, the motor assistance will be cut out. You will however, be able to continue your ride by pedalling. You are still required to return the Vehicle to the Designated Parking Zone before the end of your rental. When renting a Vehicle, you are accepting that you may be required to pedal the Vehicle manually in cases where the battery runs out.
Whenever pausing the ride or leaving the Vehicle unattended you must secure the Vehicle as per Section 1.4. You can then unlock the Vehicle using the App. You will require an internet connection in order to do this by pausing the ride via the Zenway app.
When you leave the Vehicle unattended outside of the Designated Parking Zone, you will still be charged for the use of the Vehicle.
The Vehicle must not be left outside overnight.
To end your rental, you must return the Vehicle to the Designated Parking Zone and end the ride using the app and secure the Vehicle according to Section 1.4. If a charging cable is available, the Vehicle must be plugged in. Failure to do so will mean you will continue to be charged for the Vehicle at the highest rate.
You must return your Vehicle before the end of your rental period. Other users may have booked the Vehicle and your failure to return in promptly may inconvenience others. We reserve the right to sanction users as we see fit in all circumstances, and in particular where a user fails to return a Vehicle before the end of an agreed rental period.
In the event you need to extend your booking, this may be possible in the app depending on other bookings. You must do this before the end of your booked rental period.
If you overrun your rental period without extending it, you will be charged a late fee of £30.
You have to use the Vehicle in a safe manner and take necessary measures to avoid, amongst other things, accidents and damage to persons and property. Such safety measures include, but are not limited to, the following:
To never exceed the maximum weight of 250 kg(kilograms) in the trailer of an E-Bike + trailer. The maximum weight includes all items carried by You in compliance with this Agreement. The weight of the rider must not exceed 125 kg(kilograms).
You shall return the Vehicle in the same condition in which it was rented and the Vehicle must be fit for immediate usage by other users, given normal wear and tear and with the exclusion of low battery level. You may never tamper with the Zenway App or Vehicles in any way and for any reason. You are responsible and liable for any damages suffered by Zenway relating to Your use of the Services, where you have not complied with the terms of this Agreement. This includes any indirect losses such as Zenway’s loss of income due to riding without payment, due to tampering of the Vehicle as well as a Vehicle being unfit for use by other users.
If a Vehicle (or the trailer attached to a vehicle) is stolen during your rental, you will be required to pay a £100 fee per Vehicle or trailer, or a fee of £200 per Vehicle where an E-trailer bike is stolen comprising the E-bike and the accompanying trailer. If you did not secure the Vehicle in accordance with Section 1.4, you will be liable for the entire cost of the Vehicle. To avoid this, you must ensure you always lock to an Immovable Object when leaving the Vehicle unattended and leave the Vehicle in a safe place where it is unlikely to be the target of theft.
Where you are using an E-Bike + trailer, you will be able to request from your Building manager, concierge or equivalent (“Building Manager”), a chain lock key to detach the trainer from the E-bike. Keys must be returned to the Building Manager at the end of the rental period. Failure to return such keys or loss of such keys will entitle Zenway to charge up to the abovementioned £100 fee relating to Vehicle loss to cover the cost of replacement keys, administration and where Zenway deem it appropriate, replacement of the chain lock itself.
If you do not return your Vehicle after 8 hours from the end of your rental period, we will deem the Vehicle stolen. We will try to contact You at this time but if no resolution can be found within 48 hours we will charge you for the cost of replacing the Vehicle.
In the event that the Vehicle has been accidentally damaged during your rental, you will be required to pay a fee of up to £50 towards the repairs. If the damage is deemed to be deliberate or negligent, you will be liable for the whole cost of repairs or replacement as deemed necessary by Zenway.
You must let us know if the Vehicle is stolen, damaged, or injuries to yourself or others or if you have been in a crash of any sort as soon as possible via email.
You authorise us to charge all payments set out in this section to your selected payment method.
The rental of a Vehicle is paid upfront at the time of booking. You will be charged a rate that may vary depending on the duration of the booking and may change from time to time. You should check the exact price quoted at the time of booking.
All prices and all monetary values set forth in this Agreement are in GBP.
Promotion codes (discounts) are one-time offers and can only be redeemed via the Zenway App. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded. We reserve the right to discontinue, limit, and otherwise change any promotional offers at any time. You agree that you will use promotional codes or discounts only in accordance with this Agreement, or any additional terms we put in place for the relevant promotional codes.
You must provide Zenway with information and details to a valid credit card or debit card or other payment method in order to register to use the Services in the Zenway App. You confirm that You are authorized to use any credit card or debit card or payment information You provide. You authorize Zenway to charge the provided credit card, debit card or other agreed payment method the fees described in this Agreement or in the Zenway App that You have incurred in relation to Your use of the Services.
You agree to inform Zenway without any undue delay of all changes related to the credit card or debit card which You have provided to Zenway.
Payments to Us may be done through third-party payment processors. We are not responsible for the payment process or any charges requested by such third parties.
In order to dispute any fees or charges charged by Zenway, You must contact Zenway within 7 days from the date of the disputed charge and provide Zenway any information Zenway finds necessary, such as the date of the trip/date of the booking and the approximate starting and ending times. Zenway asks that You contact Zenway in accordance with Section 8 below.
Any outstanding payment of prices for the use of Vehicles by You or any fee charged on the grounds of this Agreement will be made by Us by using the payment method described in Section 2.3. If, however, for such payment cannot be made on account of a reason within Your control (wrong credit card number, change of credit card without notification or similar), Zenway will inform You and set a period in order to rectify the situation. Until then Zenway is entitled to suspend any rental of Vehicles. If Zenway has not received information about a reliable payment method within two weeks, Zenway may terminate this Agreement and restrict or block Your access to the Services. In any case, we are entitled to restrict Your access to any Vehicle whilst sums are owed by You to Zenway.
We at all times reserve the right to deactivate Your account where You have not paid or in any other way have breached this section 2, or where we otherwise determine your use of Zenway is in breach of these terms or against our user policies in force from time to time.
If you wish to terminate your account with us, you can do so at any time by deleting your account, although please remember that you will automatically lose all of your saved data up to that point. Once you have deleted your account, you may create a new account, but any benefits which existed or had accrued in your previous account may not be recoverable.
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. However, please note that the following will generally not be due to our negligence and are beyond our reasonable control: (a) road or other incidents occurring whilst you are using a Vehicle rented through Zenway, regardless of whether You or any third party are at fault causing the accident, or (b) incidents occurring because the Vehicle was not in rideable condition at the time you began the rental, but you began using the Vehicle in any case, or (c) incidents occurring because the Vehicle cease being in drivable condition during your rental period, for example due to any incident occurring or other damage occurring to the Vehicle during your rental period, and you continued using the Vehicle thereafter.
All users understand and acknowledge that Zenway is a booking and Vehicle rental service, and each user is responsible for their own actions, omissions, decision-making, and general safety. Whilst we may seek to provide guidance on appropriate use of Vehicles and precautions to take whilst using them (including in these terms), we do not provide Vehicle training. We cannot and do not take responsibility for these matters which each user is solely responsible for.
We provide the Platform for private use only. You agree not to commercially exploit the Platform, other than as envisaged in these terms, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity regardless of how or when you use it.
If any content delivered by us using the Platform damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we may repair the damage or pay you proportionate compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software.
Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access the Platform at your own risk.
You understand that our Platform does not provide professional advice (legal, operational, financial, tax or otherwise) and that we shall never be considered responsible or negligent in respect of any act, decision or omission you make as a result of using our Platform or services. Your choices are your own.
Subject to the foregoing and applicable law, our maximum liability to you is capped at the total fees or other amounts paid by you to us in the 12 months preceding the applicable liability claim.
Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for one month, the party not affected may terminate this Agreement by giving seven days written notice to the affected party.
The Platform is provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that they will be secure, uninterrupted or free of defects. This further applies to Vehicles and we do not warrant the availability of Vehicles at any time.
Your access to any of the Platform or Vehicles generally may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform and/or Vehicles may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason the Platform or Vehicles are unavailable at any time or for any period, including where we have informed you that it or they will be available at a specific time but it is not for any reason.
The Platform may link to other third party websites from which third party services can be obtained, including those of Buildings or associated companies where Vehicles are located, which are separate from Zenway. Whilst we reasonably believe that these are reputable sources and websites, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party websites or their offerings, and we do not accept any responsibility for their content, safety, practices or privacy policies. You access any third party website or services at your own risk.
We do everything we can to ensure that no part of the Platform will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.
We recommend that you ensure that equipment used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform (if applicable) and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.
All information published on or via the Platform is provided in good faith and for general information purposes only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk, including in respect of Vehicles, Buildings, informational articles or otherwise.
Our Platform enables you to view and engage with our Content (which means any audio, video, text, images, trademarks, logos or other content which we may make available (including where such content is owned or controlled by third parties and which we are permitted to make available to you)). Content is accessed for informational purposes only.
You agree that:
You represent and warrant on an ongoing basis that you:
If you see any User Content which appears on our Platform which does not appear to meet our usual standards, then you can notify us and request that such content is removed by emailing support@zenway.app. Content that does not comply with our content standards will be removed as soon as reasonably practicable following notification.
All users acknowledge and agree that they are responsible for all of their own behaviour, actions and interactions on and off the Platform, generally, when renting a Vehicle and in respect of other users. Zenway does not directly control users during rental periods or otherwise fully moderate User Content, and users should use the reporting mechanism above to ensure that any harmful user behavior or actions or User Content is identified and addressed as efficiently as possible. Users acknowledge that Zenway is at all times entitled and permitted to monitor and view all users’ interactions within the Platform, with Vehicles and interactions generally and between users and/or between users and third parties where feasible.
You agree that where you are either the reporter of a complaint or the subject of it, that Zenway will be entitled to take such action as it deems necessary or appropriate, including without limitation to discontinue a Vehicle, to remove or suspend applicable users, to require certain User Content to be taken down or edited (or to take such action without the user’s prior consent), to recommend that a dispute is handled externally by third parties (or in extreme circumstances by legal authorities). Zenway will use its reasonable efforts to respond to and address complaints. However, Zenway will not be entitled or able to resolve disputes in respect between users (for example relating to a Vehicle) or between a user and a third party (for example relating to an incident between that user and such third party involving the Vehicle). Zenway may be able to provide evidence at any applicable hearing or tribunal provided that it is reimbursed for its time, expenses and administrative costs of doing so.
You acknowledge and agree that Zenway and/or its licensors own all intellectual property rights in the Services and the Platform. Except as expressly stated herein, this Agreement does not grant You any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Platform.
Zenway confirms that it has all the rights in relation to the Services and the Platform that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this Agreement.
Zenway processes Your personal data in accordance with the Zenway Privacy Policy, made available at https://www.zenway.app/privacy/.
These terms and conditions govern your relationship with us when you access our Platform, so please make sure to read them carefully before you start accessing the Platform. Once you start using our Platform you are taken to have understood and accepted these terms and conditions and our Agreement is formed. We don’t expect you to memorise these terms but they will form a binding agreement between you and us so if you have any questions, please let us know.
We may from time to time amend this Agreement to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to the Agreement or to the services within the Platform, we will let you know what these significant changes are and you may contact us at support@zenway.app if you have queries regarding these significant changes.
We don’t expect you to check our terms every time you use our Platform but we just ask that you check this page from time to time to take notice of any changes we have made. This is important because by continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them.
This Agreement enters into force between You and Zenway the first time You use the Services provided by Zenway and will remain in force for as long neither You nor Zenway terminates the Agreement.
Both You and Zenway may terminate this Agreement at any time, however, any rental still outstanding shall be carried through in accordance with this Agreement. Obligations arising from any breach of contract during the term of this Agreement shall not be affected by its termination.
Except as expressly allowed in this Agreement (for example to use the Platform for its express purpose), you may not:
(together the Platform Licence Restrictions).
You may use the Platform only for personal and lawful purposes. In particular, but without limitation, you agree not to:
(together the Acceptable Use Restrictions).
We may end your rights under this Agreement immediately and without notice if:
If we end your rights under this Agreement:
We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. You may not assign or transfer any rights you may have under this Agreement without our prior written approval, given at our absolute discretion.
This Agreement sets out the entire agreement between You and Zenway, notwithstanding that you may have viewed marketing materials of Zenway prior to entering into this Agreement.
None of the rights or obligations under this Agreement are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.
Under this Agreement, you are granted a licence only in respect of our Platform. Any payments made are in consideration for a licence to access our Platform. We retain ownership in the Platform at all times.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under this Agreement. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Each of the terms and conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, this Agreement are the full agreement between us and our users.
These Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction.
Although this Agreement qualifies as a distance contract (concluded electronically without You and Zenway being physically present), please note that you have no right of withdrawal because the Service provided is the rental of Vehicles (please see regulation 28(1)(h) of the Consumer Contracts Regulations).
Zenway is our trademark. All Zenway trademarks, service marks, trade names, logos, domain names, and any other features of the Perito brand (Zenway Brand Features) are the sole property of Zenway or its licensors. These Terms do not grant you any rights to use any Zenway Brand Features whether for commercial or non-commercial use.
Zenway can be contacted by email at support@zenway.app.