JUMP by Uber
Light Electric Vehicle Rental Agreement, Liability Waiver & Release
Welcome to JUMP! We hope you love participating in our shared mobility program. Please read through this entire Rental Agreement carefully as it contains important information that you should consider before renting a bike, scooter or another type of Light Electric Vehicle.
These terms and conditions are a legal agreement between you (“Member”, “Rider”, “You”, or “Your”) and Jump Mobility New Zealand Limited, a subsidiary of Uber Technologies, Inc., with offices at Level 1, 100 Moorhouse Avenue, Christchurch, 8011, New Zealand (together with its parents, subsidiaries, and affiliates, “JUMP,” “Our”, “We”, or “Us”), establishing the terms and conditions under which You will submit information to rent a Light Electric Vehicle (“LEV”) from, and participate in, a LEV sharing program operated by, Us worldwide.
This Agreement contains releases, disclaimers, and assumption-of-risk provisions that you should read carefully. For more details, please refer to sections 6 and 8 below.
1. General; service; rental not purchase; adult agreement required.
We offer a service comprised of an automated self-serve rental system for LEVs, which includes electric and/or non-electric devices, such as scooters and bikes, as well as all related equipment, personnel, information, and customer support offered by JUMP (collectively, the “Program” or “Service”). The Service also includes maintenance of our LEVs and, where applicable, hub station(s) (“Station(s)”) where the LEVs may be docked or parked at a designated rack (“Rack”) using an electronically controlled lock (“Lock”). In consideration of Your use of the Service, We require that You agree to all the terms and conditions in this LEV Rental Agreement, Liability Waiver, and Release (collectively, the “Rental Agreement” or “Agreement”). You agree and acknowledge that You are renting the LEV and that ownership of the LEV remains with Us at all times. A valid credit card or debit card, or payment method is required to rent a LEV. The LEV may only be rented by persons 18 years of age or older. If a Member falsifies or misrepresents Member’s age, Member and his/her legal guardian shall bear full responsibility for all Claims (as defined below) related to such misrepresentation.
2. Modifications to agreement
We reserve the right, in Our sole discretion, to unilaterally amend, modify, or change this Rental Agreement (each a “Modification”), at any time and from time to time. Whenever a Modification is made to this Rental Agreement, We will post an updated version of this Rental Agreement on jump.com and/or on uber.com (the “Website(s)”) and, where the change is material, You will be required to accept the new terms before using the Service. You may stop using the Services at any time, including following a Modification. By accepting new terms or continuing to use the Service after any Modification is posted, You agree to be bound by such Modification. You agree to carefully review this Agreement on the Website from time to time in order to maintain awareness of all Modifications, and agree that each time you rent a LEV, the then-current version of the Rental Agreement as posted on the Website will apply.
3. Rental fees
RETURN OF LEV; CREDIT OR DEBIT CARD AUTHORIZATIONS
We agree to rent to You, and You agree to rent from Us, the LEV(s) through the Service subject to the terms and conditions of this Rental Agreement and in accordance with the rates provided to you before rental or which are available on a website, which includes the applicable GST at the prevailing rate. The rental rates are exclusive of local government charges as required by law which will be charged to You. You understand and agree that the purpose of the Service is to provide short-term access to LEV(s) and that Your use of any one LEV in the Service shall not exceed the maximum trip time specified in the Mobile Application (or if no maximum trip time is specified, a continuous 24 hour period). Any LEV not returned within 24 hours will be deemed stolen or lost. You assume full responsibility for the care of the LEV during the period of time You rent the LEV (“Rental Period”). If the LEV is damaged, stolen, or lost during the Rental Period, You shall immediately return any such damaged LEV and/or report any such stolen or lost LEV to Us. You shall compensate Us if the LEV is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for damaged, stolen, or lost LEV(s) will be charged to the credit or debit card associated with Your account up to a maximum of USD $1,600 per LEV or local currency equivalent. If the LEV is damaged, You will be charged the cost to repair damages, as determined by Us and our affiliates in Our sole discretion, when the damages are reported to or discovered by Us.
If the LEV is stolen or lost, You will be charged up to an amount of USD $1,600 or local currency equivalent (excluding GST, if any) when the theft or loss is reported to or discovered by Us. You hereby authorize Us to charge Your credit or debit card or other payment method available for all fees incurred by You as well as such amounts due in connection with any overdue, damaged, stolen, or lost LEV, and We may, at Our sole discretion, place an authorization hold on Your credit or debit card to cover any such amounts. If You dispute any charge on Your account, then You must contact Us within ten (10) days of Your receipt of Your statement containing the disputed charge.
4. Our commitments to you; availability of service; state of good repair
(a) No Warranty. To the extent permitted by law, the LEV is rented to You as is and all Services are provided as available without any warranty, express or implied, including warranties of merchantability or fitness for any particular purpose.
(b) Availability of Service. We do not guarantee that the Service will be available at all times, as use of the LEV by other Members of the Program, repairs, force majeure events, or other circumstances might prevent Us from providing the Service. Access to LEV(s) is conditioned upon their availability. We do not guarantee, represent, or warrant the availability of the Service or the availability of any LEV. We may suspend all or part of the Service, relocate Stations, reduce the number of LEV available for rent, and otherwise operate the Program in Our sole discretion. Members should use the Website or Our mobile application (“Mobile Application”) to check the availability of LEV. You agree that We may require You to return a LEV at any time, regardless of the period for which it was originally rented, and that You shall comply with any such requirement.
5. Your commitments to us; miscellaneous requirements
(a) Use of the LEV(s).
You agree to treat the LEV(s) with due care. You are responsible for loss or damage to the LEV(s) rented by You due to theft, disappearance for known or unknown reasons, or any other cause, other than ordinary wear and tear. Before using a LEV, You shall inspect such LEV for defects and report to Us any such defect prior to the commencement of Your rental, including but not limited to, i) trueness of the wheels; (ii) proper functioning of all brakes and lights; (iii) condition of the frame; (iv) sufficient power charge; (v) height and tightness of seat clamp, if applicable; and (vi) any signs of damage, unusual or excessive wear, or other open and obvious mechanical problems or maintenance needed. If you discover a defect before, during, or after Your rental, You agree to report it to us prior to the end of Your rental. If You notice a LEV has a defect that in any way may impair Your ability to operate it safely, You must use a different LEV. You must take extra precautions while riding LEVs that are electric or electric-assisted, as accelerating and braking on electric LEVs, among other aspects, differ from doing so on non-electric LEVs.
(b) Locking the LEV(s).
If Your LEV has a retractable or removable Lock, You are responsible for securing the LEV to a bicycle rack or other appropriate and lawful location using the Lock to protect against theft of the LEV unless another method of locking is explicitly permitted by the system rules applicable in Your market. You agree to ensure that when a LEV is not in use the retractable or removable Lock is at all times securely attached to the LEV, if removable, and a proper rack or other appropriate and lawful location and not only to the LEV. You shall not leave any LEV unattended at any location at any time for any reason, unless it is secured as specified above. You shall not use any other locking mechanism other than what is provided by JUMP. You shall not lock and/or leave the LEV in a location where it cannot be accessed by JUMP or another Member, nor in a location outside the designated service area or in violation of any applicable law.
(c) Returning the LEV(s).
Upon the end of the Rental Period, You agree to lock the LEV to a proper rack or other lawful and appropriate location within the JUMP Service areas or, where instructed by JUMP, to return the LEV to one of the locations listed on the Mobile Application, if applicable, and to secure the LEV to the Rack by the Lock. In the event the Program permits return of the LEV(s) to any rack or place that is not within the Program area, as indicated on the Website or Mobile Application, additional fees may apply and You agree to lock the LEV(s) as specified above. You agree to refer to the Website or Mobile Application for further requirements for returning the LEV(s) and to comply with any and all such requirements and instructions.
All amounts due and payable to Us will be charged to Your credit or debit card, or other payment method available in Your location of booking. In the event that the credit or debit card charges are not paid to Us, other collection procedures may be employed. You agree to pay all of Our costs of collection, including without limitation reasonable legal fees, if You do not pay amounts owed hereunder when due.
(e) Restricted Uses.
You shall not do any of the following acts, or similar acts that may result in a risk, an incident, or damage to You, the LEV or others (“Restricted Uses”):
- Use any LEV if You are younger than 18 years of age or the legal age limit in your location.
- Use any LEV if You exceed the maximum weight limit of the LEV.
- Use any LEV if You have any existing physical or mental condition that would prohibit You from safely operating the LEV.
- Use any LEV if you have a physical condition that puts you at risk when undergoing strenuous physical activity.
- Use any LEV while carrying any item that impedes Your ability to safely operate the LEV, or while placing any item on the handlebars.
- Use any LEV while under the influence of alcohol, drugs, or any other substance that impairs Your ability to safely operate the LEV.
- Use any cell phone or mobile electronic device for any use that distracts You from the safe operation of the LEV, including but not limited to phone calls, text messages, or music.
- Allow any other person to use the LEV that is in use by you or allow more than one person to be carried on the LEV.
- Overfill a LEV basket, if applicable, or place objects weighing in total more than 9 kilograms in the LEV basket, if applicable.
- Violate any applicable (national or local) law or regulation.
- Use any LEV in any manner during adverse weather conditions that would reasonably prevent a safe operation of the LEV or that would unreasonably hamper normal traffic conditions, including but not limited to hail, dust storms, fog, heavy rains, or lightning storms.
- Use any LEV that has any defect, fails to operate as a properly functioning LEV, or that is in need of repair.
- Use the LEV if it, or any component of it, appears to be or becomes defective or malfunctions.
- Use the LEV for racing, tricks, jumping, stunt riding, off-road riding, or in any other hazardous manner.
- Tow, pull, carry, or push any person or object with a LEV.
- Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or components of any LEV.
- Use any LEV without reading and agreeing to the Liability Waiver and Release.
(f) Safe Riding.
You agree to always:
- Ride the LEV with caution, and comply with the local regulations and rules when riding and parking.
- Abide by all applicable traffic laws in all respects.
- Yield to pedestrians.
- Ride in the same direction as traffic.
- Use appropriate hand signals when turning.
- Wear a helmet while riding.
- Be mindful of others while parking your LEV; use bike racks or park by the curb without blocking traffic.
- Avoid parking adjacent to, or within, a transit zone, loading zone, crosswalk, fire hydrants, entryway, or driveway, or parklet.
- Ensure your LEV is not blocking a sidewalk, pathway, bus stop, crosswalk, or wheelchair ramp.
- Refrain from locking your LEV to a prohibited structure, when your LEV has a lock.
- Avoid anything that may impede your ability to safely ride, including carrying heavy items, riding in bad weather, or operating an LEV under the influence of drugs or alcohol.
6. Assumption of risk, release and waiver of liability, and indemnity
In consideration for your participation in the Program and Your use of any of the Services, You hereby freely and voluntarily acknowledge and/or take action for yourself, and on behalf of Your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executor, administrators, successors and assigns, or anyone else who might claim or sue on Your behalf, the following waiver (the “Liability Waiver”):
(a) You hereby acknowledge and assume all risks of participating in this program.
You acknowledge that operating a LEV is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely participate in the Program, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You participate in the Program, or would interfere with Your ability to safely participate. You also certify that You have not been advised against cycling or any other activity related to participation in the Program by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with participation in the Program including without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of equipment supplied by the Released Parties (as defined below). You understand that You will be participating in the Program at Your own risk, that You are responsible for the risks of participation in the Program, and that Your participation in the Program is fully voluntary.
(b) You have been advised to wear a protective helmet while participating in the Program.
You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, You assume responsibility for any injury, loss, or damages associated with Your participation in the Program even if You choose to wear a protective helmet. You also agree to follow the “Rules of the Road”: follow and obey all laws and regulations, obey traffic signals and stop signs, ride with traffic, make Your intentions clear to motorists and other road users, ride in a straight line and do not swerve, stay seated while riding (if applicable), signal turns, and check before turning or changing lanes.
(c) You understand and acknowledge the dangers associated with riding a LEV while consuming or after having consumed alcohol and/or drugs and You recognize that any such consumption of alcohol and/or drugs might impair Your judgment and motor skills.
You agree not to use the LEV while under the influence of alcohol and/or drugs, and further assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol and/or drugs.
(d) You waive, release, and forever discharge
To the extent permitted by law, you waive, release, and forever discharge JUMP, it’s parents, subsidiaries and affiliates (including, without limitation, Uber Technologies, Inc. and its subsidiaries and affiliates), the Program’s sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with the Program, and all state, city and other governmental bodies and their elected and appointed officials, officers, employees, agents, and other municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Program takes place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort (including negligence), statutory, or other grounds), which You have or may have in the future, including court costs, legal fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your breach of this Agreement, including Your commitments to Us, or Your negligent or reckless participation in the Program, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses.
(e) You agree to indemnify, defend, and hold harmless
You agree to indemnify, defend, and hold harmless the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including but not limited to court costs, legal fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this Liability Waiver, by Your breach or failure to abide by the rules of the Program or this Agreement and/or Your actions or inactions which cause injury or damage to any other person.
(f) You understand that the Program does not provide insurance coverage for damage or injuries incurred during the Program.
You agree to be responsible and assume liability for any and all costs incurred as a result of participation in the Program, including without limitation ambulance transport services, hospital stays, medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.
(g) You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program.
(h) For the avoidance of doubt, You do hereby acknowledge and agree that We and all other Released Parties are not responsible or liable for any Claim that arises out of or relates to (a) any risk, danger, or hazard described in this Agreement, (b) Your use of, or inability to use, any service, LEV, or related information, (c) Your breach of this Agreement or Your violation of any law, (d) any misconduct, or other action or inaction by You, or (e) Your failure to wear a helmet while participating in the Program. You do hereby waive all Claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if We have been advised of the possibility of such Claims. Further, to the maximum extent permitted by law, in no event shall We or any Released Party be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from participation in the Program or the use of, or inability to use, the Services. Moreover, if We, or any Released Party, are found to be liable for any Claims on any basis, such liability shall be limited to the greater of (a) the total fees paid by You hereunder or (b) one hundred US dollars ($100) or local currency equivalent.
(i) You acknowledge that Jump considers the Liability Waiver and limitations set out above are necessary in order for Jump to be willing to provide the Service to You and to permit Your participation in the Program.
(j) The limitations set out in this Liability Waiver do not limit any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
7. Term and termination
We may terminate Your right to use the Service, in Our sole discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Us and (ii) You may still be charged any applicable additional fees arising under this Agreement. Sections 3, 4, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.
8. Dispute Resolution
Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The language of the arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the ICC, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Nothing herein limits or excludes (nor is intended to limit or exclude) any statutory rights that you may have under applicable law, including New Zealand consumer law, that cannot be lawfully limited or excluded.
The Rental Agreement constitutes the entire agreement between You and Us with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, representations, and undertakings with respect to the subject matter hereof. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of New Zealand excluding its conflicts of laws principles. Termination of this Agreement or your right to use the Service will not relieve You of any payment obligations hereunder. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. We shall not be liable for failure to perform any of Our obligations hereunder for reasons that are beyond Our reasonable control, including, without limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war, embargo, riots, or acts of terrorism.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE; YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT; AND YOU HAVE READ AND AGREED TO THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY ACCEPT ITS TERMS.