In consideration for allowing me to test ride the Bicycle for a reasonable amount of time and within a reasonable distance from the VanMoof retail location (and at all times within Ireland only), I acknowledge that I understand and do expressly agree to the following terms and conditions:
- I represent, warrant and undertake to VanMoof that:
- I am 18 years of age or older;
- the information I have provided to VanMoof in connection with this Agreement is true and accurate in all material respects;
- I do not have any medical condition that would reasonably be expected to affect my ability to safely operate the Bicycle;
- I have the capacity to execute, deliver and perform my obligations under this Agreement.
- I am not, by reason of illness or incapacity (whether mental or physical), incapable of managing my own affairs;
- no court has made any order nor appointed a deputy under section 16 of the Mental Capacity Act 2005 in respect of me;
- the obligations under this Agreement are, subject to any general principles of law limiting obligations, legal, valid, binding and enforceable against me;
- the execution and performance of the obligations in this Agreement does not and will not contravene any agreement or instrument binding on me or my assets, or any applicable law or regulation;
- I have not consumed, and will not be under the influence of alcohol, any controlled or other substance that has a sedating, intoxicating or any other effect which may affect my ability to properly and safely operate the Bicycle now or at any time whilst operating the Bicycle;
- I am familiar with and will, at all times during the test ride, comply with the Highway Code;
- I will operate the Bicycle with due care and attention, with reasonable consideration for other road users and not in a way which is careless or dangerous nor will I cycle furiously or in any manner which causes the risk of harm to others;
- I will not carry any load or allow or any other person to be carried on the Bicycle whilst I operate it; and
- I will, at all times during the test ride, operate the Bicycle in compliance with all applicable laws and regulations.
- I acknowledge and agree that:
- title to the Bicycle shall remain with VanMoof at all times and that VanMoof (or its employees and authorised representatives) may require me to deliver the Bicycle back to the VanMoof retail location or make the Bicycle available for collection at any time during the test ride;
- I will not offer to sell, assign, lease, mortgage, charge, encumber or otherwise part with possession of the Bicycle or otherwise deal with the Bicycle or hold myself out as the owner of the Bicycle;
- the Bicycle shall only be used by me and I shall not permit any other person to make use of the Bicycle without the express prior written consent of VanMoof and subject to that person signing a VanMoof Test Ride Agreement in the same terms as these;
- VanMoof cannot guarantee that a particular Bicycle or specification of bicycle will be available for the test ride and I shall have no right of action or claim against VanMoof in respect of any Bicycle or specification of bicycle not being available for the test ride;
- the Bicycle is provided for demonstration and evaluation purposes only and shall not be used for any other purpose including but not limited to use by me or any other person in the course of any business or sporting event activity;
- at all times during which the Bicycle is not being used, I will ensure that it is kept locked, secure and safe; and
- VanMoof gives no warranty of any nature relating to the Bicycle other than the manufacturer’s standard warranty and that, to the fullest extent permitted by law, VanMoof excludes all warranties, conditions or other terms implied under any statute or common law.
- I acknowledge that a VanMoof sales representative has provided me with information regarding the principal features of the Bicycle and instructions for the Bicycle’s safe operation. I further acknowledge that I have been afforded sufficient opportunity to ask a VanMoof sales representative any additional questions that I believe are necessary for me to operate the Bicycle in a safe manner and in compliance with the terms of this Agreement and at law generally. If at any time I feel the Bicycle is not functioning properly, I will immediately stop using it and return it to VanMoof at the VanMoof retail location at which I collected the Bicycle and will not make any attempt to carry out any repair.
- I agree to take good care of the Bicycle and return it in the same condition as when the Bicycle was collected by me at the VanMoof retail location. I will not remove any accessories or parts from the Bicycle or make any changes or modifications to it or affix any sticker, logo or other signage to it. I will be responsible for any damage caused to the Bicycle or any part of it and will immediately and fully indemnify VanMoof for the full sale cost of the Bicycle as notified to me by VanMoof.
- Notwithstanding my general obligations specified in clause 1(1.13), I undertake to comply with all all applicable traffic laws, including but not limited to those concerning safety, operation, insurance, and the transportation and consumption of alcoholic beverages or other substances that have a sedating or intoxicating effect. I hereby assume all responsibility for my failure to comply with such policies, rules, regulations and laws.
- In case of injury or emergency during the test ride, I will call 112 or 999 (in case of injury or emergency). Furthermore, I shall immediately report to VanMoof, my insurance company (if any), and the Police any accident, injury or damage arising during my operation of the Bicycle. I shall promptly forward to VanMoof all correspondence, documents and notices received by me or on my behalf regarding any claim or other action regarding my use of the Bicycle.
- I ACKNOWLEDGE AND AGREE THAT OPERATING THE BICYCLE HAS INHERENT RISKS, DANGERS AND HAZARDS, INCLUDING, BUT NOT LIMITED TO: TRAFFIC CONDITIONS, WEATHER CONDITIONS, ROAD AND PAVEMENT CONDITIONS, NATURAL AND UNNATURAL OBJECTS AND OBSTACLES, IMPACT OR COLLISION, AND CARELESSNESS, RECKLESSNESS OR NEGLIGENCE OF MYSELF OR OTHERS. Furthermore, I acknowledge that my test ride of the Bicycle is voluntary and carries with it:
- certain DANGERS and INHERENT RISKS to both myself and others, including but not limited to collision, storm damage, turning over, slipping, falling, tripping and equipment failure, which could result in temporary or permanent injury or even death;
- the risk of damage to, or even total destruction of, the Bicycle; and the risk of damage to third party property;
- the risk of damage to any personal items I may have in my possession during the test ride.
- LIKE ANY PHYSICAL ACTIVITY, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A VANMOOF BICYCLE, I ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS AND I ASSUME COMPLETE RESPONSIBILITY FOR ALL RISKS AND ALL OTHER INJURIES, DEATH AND/OR PROPERTY DAMAGE THAT MAY OCCUR AS A RESULT OF THOSE RISKS, EVEN IF SUCH INJURY, DEATH OR PROPERTY DAMAGE OCCURS IN A MANNER THAT IS NOT FORESEEABLE AT THE TIME I ENTER INTO THIS AGREEMENT.
- To the fullest extent permitted by law, I hereby assume and will defend at all times, indemnify, protect, save and hold harmless VanMoof and its officers, directors, employees, agents, representatives, managers, members, dealers, sponsors, advertisers, contractors, committees, insurers, successors, assigns, parent companies, subsidiaries, sister companies and other affiliates (collectively, the Indemnified Parties) from any and all claims, demands, actions, reasonable costs, charges, liabilities, judgments, loss or expenses, including reasonable legal fees, which may arise or result, directly or indirectly, whether caused by my negligence or otherwise, from my use or operation of the Bicycle, including but not limited to those arising from any personal injury, death or property damage. I agree my obligation to indemnify the Indemnified Parties applies even if VanMoof is ruled negligent.
- I hereby release, waive and, discharge each of the Indemnified Parties from any and all liability to me, my insurers, successors in title, personal representatives and assigns from any and all loss or damage, and any claims or demands therefore, on account of injury to or death of any person or damage to any property, arising out of or in any way connected or related directly or indirectly to my operation or use of the Bicycle, whether caused by my negligence or otherwise, and covenant not to take any action of any nature against any of the Indemnified Parties in connection with any such loss, damage, claim or demand. If I do file any claims, I agree to pay any legal or other professional fees, costs or judgments incurred by VanMoof even if VanMoof is found negligent.
- I acknowledge and agree that VanMoof may terminate this Agreement immediately if:
- I do anything or omit to do anything that, in the reasonable opinion of VanMoof, could bring VanMoof’s name into disrepute or is detrimental to the brand and goodwill of VanMoof;
- I am declared bankrupt or suffer any similar insolvency event;
- I am in breach of any of the terms of this Agreement,
and I agree to immediately inform VanMoof if any of the above events arise and shall, at the direction of VanMoof, immediately either return the Bicycle to the VanMoof retail location from which the Bicycle was collected (or any other location as notified to me by VanMoof) or make available the Bicycle for collection by VanMoof or its employees or authorised representatives. In the event that I fail to make the Bicycle available for collection, I grant to VanMoof and its employees, agents and authorised representatives an irrevocable licence to enter my premises to repossess the Bicycle and I accept that I will be liable for any claims, costs and expenses incurred by VanMoof in the exercise of its rights pursuant to this clause.
- I acknowledge and agree that:
- any exercise of VanMoof’s rights of termination pursuant to clause 10 is without prejudice to any other rights or remedies available to VanMoof pursuant to this Agreement or at law generally;
- it is agreed that termination (for any reason) shall not prejudice the rights and obligations of either party which have accrued prior to termination;
- and any terms of this Agreement which explicitly or by implication are intended to survive termination shall remain enforceable by the parties notwithstanding termination.
- This agreement shall be binding upon my successors, personal representatives, insurers and any permitted transferee. I agree the terms of this Agreement are intended to be as broad and inclusive as is permitted by law and that if any part of this agreement is held illegal, invalid or otherwise unenforceable then it shall be severed and deleted from this Agreement and the remaining terms of this Agreement shall continue in full legal force and effect. I make these covenants and representations with the full understanding that VanMoof is relying on each of them. This instrument shall apply to my use or operation of any and all Bicycles throughout my visit to the VanMoof retail location and shall survive each test ride indefinitely.
- I acknowledge and agree that:
- I shall not be entitled to assign or otherwise dispose of my rights, interest, benefit or obligations under this Agreement in any manner whatsoever and whether in whole or in part; and
- that VanMoof shall be entitled to assign or dispose of its rights, interests, benefit or obligations to any person and in any manner as it sees fit in its absolute discretion from time to time.
- I acknowledge and agree that VanMoof shall be relieved of any liability arising out of any failure to perform any obligation pursuant to this Agreement which is prevented or delayed as a consequence of any Act of God, war, fire, flood, explosion, civil riot or commotion, strike action, lock-outs or other industrial action or trade dispute, import or export regulations or embargoes, acts or terrorism, pandemic or epidemic or government act, order or as a result of VanMoof acting in compliance with government guidance, interruption to information technology systems or utilities or any other cause beyond VanMoof’s reasonable control.
- I acknowledge and agree that the construction, validity and performance of this Agreement shall be governed, in all respects, by the laws of England and Wales and the Courts of England shall have non-exclusive jurisdiction in any claims or proceedings which may arise out of or in connection with this Agreement.
- By checking the box in the online testride portal I agree and acknowledge that:
a) I have carefully and fully read the above terms and conditions;
b) I fully understand the terms of this Agreement and the effect of these on me;
c) I agree to be legally bound by these terms and understand that they may bind my personal representatives and successors in title; and
d) I am signing this Agreement freely and voluntarily with full knowledge that this is a contract which creates important and legally binding rights and obligations including limits on my legal rights and is binding upon me.