Terms & Conditions
- Contract Terms
This is a legally binding agreement between Ebee Mobility Kenya LTD or “Ebee”, having its registered office at Chaka road, Kilimani, Nairobi, Kenya and the entity renting an electric bicycle from us, as named in the sign up form filled in at the time of rental (referred to as “renter”, “you”, and “your”). You and Ebee are collectively referred to as “the parties”.
- Ebee E-cycle
The E-cycle you have agreed to rent from us at the time of your Rental
The Renter hereby agrees to pay Ebee the fees associated with the plan.
- Security Deposit
The Deposit is payable by you on taking possession of the E-cycle and will be retained by Ebee as security for the E-cycle and accompanying Accessories. In the event of loss or damage to the E-cycle or Accessories for which you are liable, Ebee will (on giving written notice to you), apply the Deposit (or part thereof) to the cost of necessary repairs or replacement.
Refer to Appendix A of the Ebee Rental Agreement for current pricing. In the event of outstanding rental or repair fees, Ebee will (on giving written notice to you), apply the Deposit (or part thereof) to the satisfaction of same. In the absence of damage, loss or outstanding fees, the Deposit will be refunded to you in full within 5 Business Days of the expiry of the Term.
- Payment terms and instructions
You agree to pay Ebee the Monthly Fees for use of the E-cycle in advance. Monthly Fees are payable from the date that you take possession of the E-cycle until the E-cycle is returned to Ebee, as set out in this agreement, unless otherwise agreed by the parties in writing.
- Rental Terms
When you enter a rental arrangement with Ebee, the Parties accept all terms and conditions set out in this Agreement. In addition, you acknowledge that you have read and understood the Ebee Rental Agreement and agree to comply with all obligations under the same;
- Rental Period
Ebee agrees to rent the E-cycle to you from the Start Date given in the sign-up form. The parties agree that this agreement starts (and the first payment is taken) on the Start Date specified above and terminates when the agreement has been terminated and the E-cycle has been returned in accordance with the provisions of this agreement.
Notwithstanding anything to the contrary in this agreement, either party may terminate this agreement by giving the other party seven (30) days’ notice in writing. If a payment remains outstanding for more than seven (7) Business Days, Ebee may terminate this agreement immediately by giving notice to you in writing. If Ebee terminates the agreement for non-payment, you must immediately return the E-cycle to Ebee in accordance with the instructions given in the notice. In case of default in payment, Ebee also retains the right to seize the electric bicycles at any given time and location.
- Return of the E-cycle
On notification of termination, Ebee and you will agree an end date (“End Date”). The End Date must not be less than 30 days from the date of the termination notice, unless Ebee has consented in writing to an assignment or Ebee has terminated the Agreement for non-payment, in which case the End Date will be set out in the notice. On or before the End Date, you must return the E-cycle:
- to a designated Ebee Location, on or before the End Date, during operating hours; and
- in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
The E-cycle will be deemed returned to the possession of Ebee when Ebee or their authorised representative signs for the E-cycle. Monthly Fees will continue to apply for each month between the date of notification of termination and the End Date, including the month of the End Date or, if you fail to return the E-cycle as set out above or as otherwise instructed by Ebee, the date that the E-cycle is returned to Ebee.
If you do not return the E-cycle on the End Date then:
- you must pay Ebee Monthly Fees for each month between the End Date and the date the E-cycle is returned, including the week of the End Date;
- after written notice to you and if the location of the E-cycle is unknown, Ebee may report the E-cycle as stolen to the Police; and
- you must compensate Ebee for any reasonable costs incurred in recovering the E-cycle.
- Late, Missed or Overdue Payments
Ebee may also refer the matter to a debt collector or solicitor for collection of fees outstanding and repossession of the E-cycle, if applicable, in which case you will be liable to pay to Ebee all fees and charges payable in respect of the debt collector’s fees (including any commission), costs associated with recovering possession of the E-cycle and solicitor’s fees on a full indemnity basis.
- Authorised Use
Ebee authorises you to use the E-cycle during the Term for reasonable use, subject to the provison that such use must be predominantly for business purposes and must not involve operation of the E-cycle outside of reasonable and safe parameters.
Authorised business use includes commercial delivery services, such as document or food delivery, in accordance with local road rules and legislation.
Unauthorised Use includes (but is not limited to) any business or personal use involving:
- the operation of the E-cycle by any person other than you; and
- the carriage of any person in addition to you; and
- the towing of another person, vehicle or other object; and
- the operation, use or involvement in any way of the E-cycle in violation of any laws or for an illegal purpose; and
- any race or competition.
- Ebee Warranty
Ebee represents that, to the best of its knowledge and belief, the E-cycle is supplied to you at the commencement of the Term:
- in sound and safe condition, suitable for Authorised Use; and
- free of any known faults or defects that would affect its safe operation under normal use; and
- in accordance with the manufacturer’s standards.
Apart from this and any other warranty or guarantee set out in this agreement, or which you are entitled to by law, Ebee excludes all other warranties or guarantees.
- Limitation of Liability
We limit our liability to you to the fullest extent permissible to (at our option) supplying the goods or services again or the cost of replacing the goods or having the services supplied again. We specifically exclude liability for negligence and for consequential loss or damage, including loss of business profits.
- Your Warranties
You warrant that you:
- will only use the E-cycle for an Authorised Use; and
- will use the E-cycle predominantly (more than 80% of the time) for business purposes; and
- will not use or permit the E-cycle to be used for any Unauthorised Use; and
- will operate the E-cycle in a safe and reasonable manner and not in any negligent manner; and
- will, at all times during the Term while the E-cycle is not in use, lock the E-cycle using the supplied Lock in accordance with all reasonable directions of Ebee, including as set out in the Safety, Security and Maintenance Guide, as amended from time to time.
15. Responsibility for Loss/Theft and Damage
- Direct reporting
- Telephone call
- Text Message
- Use of social sites or websites
- Any other form of technology of wide usage.
- An accurate description of the incident e.g. state, incident, location of the incident, etc.
- Pictures depicting the damage must be submitted.
- Name, address, and license number, of any other person involved and witnesses.
- Registration of any other vehicles involved.
- Names and the station of any police officers involved
If the customer does not provide any police report within 12 hours, the bike will be reported as stolen by the company and a police report with all customer details will be filed. Also, all platforms on which the customer is active will be notified and requested for support in retrieving stolen assets.
16. Maintenance, Security and Safety
Standard services are provided at no cost to you during the Term, however if Ebee or their representative identifies any damage requiring repair (apart from fair wear and tear), including (but not limited to) a flat battery, lost keys to locks or other accidental damage, you will be responsible to pay for such repairs. Refer to Appendix A of Ebee Rental Agreement for current pricing.
You hereby agree to comply with the following for the Term:
- maintain the E-cycle to the same standard in which the E-cycle is supplied to you in (including by complying with all additional servicing or repairs recommended by Ebee at any service);
- complete the safety and maintenance checks outlined in the Ebee Safety, Security and keep the E-cycle locked to an immovable object (e.g. post or railing) using the Lock provided by Ebee (or similar) when it is unattended;
- comply with all applicable traffic act laws;
- attend at a nominated Ebee location with the E-cycle for the E-cycle to be serviced every 1000-1500km travelled;
- attend at a nominated Ebee location with the E-cycle as directed by Ebee for a service within 7 days of being requested to by Ebee;
- refrain from servicing or causing the E-cycle to be serviced otherwise than at a designated Ebee location.
Regular servicing as set out above is necessary for Ebee to ensure the continued safety of the E-cycle. It is critical to your ongoing use of the E-cycle that you attend scheduled services as set out above. If you fail to attend a scheduled service as required, a late fee of KES500 for every extra day travelled directed by Ebee for a service after 7 days of being requested to by Ebee;
17. Relationship of Parties
This is a contract for supply of goods and services and is not intended to create any other relationship between the parties, such as employment, agency, contractor and principal or franchisee and franchisor.
18. Location Sharing
You consent to share location data with Ebee. Ebee agrees NOT to share the Rider’s location data with any third party without consent or without removing the identity of the rider.
19. Changes to terms
An amendment or variation of any term of this agreement must be in writing and signed by each party.