GENERAL TERMS FOR THE Greener Kirkcaldy, Fife Easy E-Bikes SUBSCRIPTION SERVICE

Read these Terms and Conditions on our website. 

Fife Easy E-Bikes reserves the right to make changes to these Terms, at any time. If you are unhappy with any changes made to these Terms, please be aware of your rights of termination, as per clause 12.3 (Further Amendments). 

THE PROVISION OF SUBSCRIPTION SERVICES

These terms (including the Schedule hereto) (the “Terms“) shall apply to and govern the provision of the Subscription Services (as defined below) by Greener Kirkcaldy Limited, a company incorporated in Scotland (registered number SCSC371318) trading as Fife Easy E-Bikes and having its registered office at 8 East Fergus Place, Kirkcaldy, Fife, Scotland, KY1 1XT (“Fife Easy E-Bikes”) to the Subscriber (as defined below).

1.DEFINITIONS AND INTERPRETATION

In these Terms, the stated terms will have the following meanings:

Accessory means an Optional Accessory or a Standard Accessory made available by Fife Easy E-Bikes to the Subscriber in accordance with these Terms, and as listed in Part 1 of the Schedule;

Area(s) means the geographical area in which Fife Easy E-Bikes is willing to provide the Subscription Services, as more accurately described in Part 4 of the Schedule; 

Bicycle means a bicycle and any variation of the same (e.g. electric (e-)bikes, sitting bikes or tandem bikes) made available by Fife Easy E-Bikes to a Subscriber;

Charge means the fee payable by the Subscriber corresponding to their use of a particular Subscription Package;

Child means any person under the age of 18 years old; 

Commercial Purposes means that the Bicycle is used as a means to generate income for the Subscriber or any other person. The most common examples are that the Bicycle is used as a vehicle allowing them to undertake delivery-type jobs for delivery services organisations (including, but not limited to, Deliveroo, Just Eat etc.) or courier organisations. 

Delivery Date means the date that the Bicycle is picked up by the Subscriber from Fife Easy E-Bikes, including any pick up by the Subscriber at Fife Easy E-Bikes’s Head Office; 

End Date means the date on which the Subscription Period ends, which is (i) following the expiry of the minimum Subscription Period; or (ii) one month after the date on which Fife Easy E-Bikes or the Subscriber receives a written termination notice from the other party where the Subscription Period has been extended; or (iii) following termination of the Subscription in line with these Terms;

Grace Period means, in any subsequent month, the 3 day period following the start of the a particular Subscription. This allows, for example, the Subscriber to pay their Monthly Charge on the 27^th of a particular month if their original Start Date/initial payment was paid on the 24th; 

Head Office means 8 East Fergus Place, Kirkcaldy, Fife, KY1 1XT;

Instructions for Use means the instructions for use provided by Fife Easy E-Bikes (including any manufacturer instructions) for the specific Bicycle and Accessories forming a Subscriber’s Subscription, as more accurately detailed in Part 1 (Fife Easy E-Bikes Subscription Packages) of the Schedule or on the Website. 

Maintenance means regular ongoing maintenance supplied for each Bicycle in accordance with the relevant Subscription Package; 

Optional Accessory means a cycling accessory chosen by the Subscriber as an optional extra to their Subscription Package, made available in accordance with these Terms, at an additional Charge, and as listed in Part 2 (Overview of Accessories) of the Schedule;

Order Mechanism means the online process in which a natural person chooses a Subscription Package and enters into a corresponding Subscription with Fife Easy E-Bikes; 

Period means the duration of the Subscription agreed initially via the Order Mechanism and as further determined in accordance with clause 2.5 (Subscription Services); 

Personal Data means any personal data supplied by the Subscriber to Fife Easy E-Bikes or otherwise generated by Fife Easy E-Bikes in the provision of the Subscription Services.  

Repair means a repair to a Bicycle to be undertaken by Fife Easy E-Bikes as more accurately described in clause 7.4 (Maintenance, Repairs and Exchange);

Replacement means the replacement of a Bicycle or Accessory by Fife Easy E-Bikes, for reasons set out in clause 9 (Theft / Loss);

Schedule means the schedule annexed to and forming part of these Terms;

Specification means the technical specification of a particular Bicycle forming part of a Subscription Package, including its limitations such as its maximum weight; 

Standard Accessory means a cycling accessory automatically forming part of a Subscription Package, made available in accordance with these Terms, and as listed Part 1 (Fife Easy E-Bikes Subscription Packages) of the Schedule;

Start Date means the date from which the Order Mechanism is completed and Fife Easy E-Bikes provided the Bicycle to the Subscriber;

Subscriber means any individual who has subscribed to one of the Subscription Packages; 

Subscription means the agreement between Fife Easy E-Bikes and the Subscriber for the use of the Subscription Services;

Subscription Package means any package including Bicycle hire and or the provision of Accessories in return for the associated Charge, as listed in Part 1 (Fife Easy E-Bikes Subscription Packages) of the Schedule; 

Subscription Period means a minimum period of either (i) 4 weeks or (ii) 12 weeks from the Delivery Date and any extension agreed thereafter in accordance with clause 2.4 (Subscription Services);  

Subscription Services mean the provision of a Bicycle and any other Accessories in accordance with the relevant Subscription Package chosen by the Subscriber and the ongoing reasonable Repair and Maintenance of the Bicycle for the Subscription Period; 

Supplemental Charge means an additional fee applied to a monthly Charge relating to (i) an additional cost incurred by Fife Easy E-Bikes as a result of the actions of the Subscriber or (ii) for a breach of the Conditions of Use contained within clause 6 (Conditions of Use); 

Fife Easy E-Bikes means the trading name of Greener Kirkcaldy Limited for the purposes of the Subscription Services;

Terms means these general terms and conditions, including the Schedule, as set out by Fife Easy E-Bikes, which apply to a Subscription; 

Lang Toun Cycles means Fife Easy E-Bikes’ chosen supplier to promoting, delivering and servicing the e-bikes; and

Website means the Fife Easy E-Bikes webpage relating to the Subscription Services 

2. SUBSCRIPTION SERVICES

2.1 A customer shall be deemed to have entered into a Subscription for the Subscription Services after completion of the Order Mechanism, following which they are considered a Subscriber. The Subscriber will receive confirmation of the order after fully completing the Order Mechanism. Fife Easy E-Bikes reserves the right to reject any completed order for good reason (e.g. stock levels quoted on the website are incorrect) and shall notify the Subscriber accordingly. 

2.2 The Subscriber must be at least 18 years old and have the capacity to enter into legally binding contracts. 

2.3 Where a parent or guardian wishes to rent a Bicycle for a Child, they shall be considered as the Subscriber for a Subscription and for the purposes of these Terms. 

2.4 Fife Easy E-Bikes shall request appropriate verification documentation (i.e. photographic Passport/Driving Licence and proof of address dated within 3 months) to determine a Subscriber’s identity as part of the Order Mechanism. Fife Easy E-Bikes reserves the right to reject an order where they consider that verification of the identity documents indicates fraud or where they have excluded a former Subscriber from access to the Subscription Services. 

2.5 Subscribers have the choice of a 4 week or 12 week initial subscription followed up by a 4 week renewable Subscription Period beginning on the Delivery Date. The Subscription will automatically terminate following expiry of the Subscription Period, unless Fife Easy E-Bikes agree (at their discretion) to an extension. The Subscriber must submit a request for extension to Fife Easy E-Bikes prior to the end of the minimum Subscription Period. Where Fife Easy E-Bikes agree to an extension the Subscription shall continue on a rolling 4-weekly basis. 

2.6 All Subscription Periods shall remain in effect for the minimum term agreed in the Order Mechanism, unless otherwise terminated in accordance with these Terms.

2.7 Where a Subscription has exceeded the minimum Subscription Period and Fife Easy E-Bikes has agreed to a rolling 4-weekly contract, both Fife Easy E-Bikes and the Subscriber may terminate the Subscription at any time by giving a written notice following which the Subscription shall terminate at the end of the current 4-weekly block

2.8 The Subscriber shall pay a 4-weekly Charge to Fife Easy E-Bikes corresponding to the relevant Subscription Package, unless otherwise stated in the Order Mechanism. 

2.9 Arrangements between Fife Easy E-Bikes and a Subscriber varying or supplementing these Terms will only be valid if they have been confirmed in writing by Fife Easy E-Bikes. 

2.10 Following completion of an order, the Subscriber shall choose their preference from the times and locations proposed by Fife Easy E-Bikes for the pick-up of the Bicycle (Fife Easy E-Bikes may amend this time or location at any point prior to pick-up, at all times making reasonable efforts to give the Subscriber prior notice). During the period between completion of the Order Mechanism and when the Bicycle is picked up by the Subscriber, Fife Easy E-Bikes shall verify the Subscriber’s personal details. At the time of delivery or pick-up, the Subscriber shall confirm to Fife Easy E-Bikes in writing the receipt of the Bicycle, the payment method chosen and that the personal details provided are correct. During the Subscription Period, the Subscriber shall notify Fife Easy E-Bikes of changes to the personal information provided to Fife Easy E-Bikes at the time of contracting, without undue delay.

2.11 The Subscriber will be provided with the Bicycle in accordance with clause 2.10 after the Start Date and may use it at their leisure during the Subscription Period, in accordance with these Terms. In return for Fife Easy E-Bikes providing the Bicycle to the Subscriber, the Subscriber shall pay the 4 weekly Charge associated with the relevant Subscription Package during the Subscription Period. The Charge is due 4-weekly in advance.

2.12 Where a Subscription is completed via the Order form on the Website, the Subscriber has the right to immediately withdraw from the Subscription without giving a reason within 14 (fourteen) days of the Start Date by sending written notice of withdrawal to Fife Easy E-Bikes or competing the relevant option on the Website. 

2.13 The Subscriber will only be entitled to use the Bicycle in the United Kingdom. 

3. SUBSCRIPTION PACKAGES

3.1 The Subscriber must choose from the available Subscription Packages, which is best suited to their needs. 

3.2 Each Subscription Package contains a different Bicycle product.  

4. CONDITIONS OF SUBSCRIPTION

4.1 Fife Easy E-Bikes (i) reserve the right to terminate a Subscriber’s subscription with immediate effect where it is clear and obvious they are overusing the Bicycle in accordance with clause 4.2, (ii) reserve their right to terminate a Subscriber’s Subscription with immediate effect where the Subscriber has requested more than 3 separate Repair requests in a calendar month and such repairs point to overuse, misuse or careless use of the Bicycle and (iii) in both circumstances, additionally, reserve their right to impose a Supplemental Charge proportionate to the amount of damage caused by the Subscriber’s overuse or careless use of the Bicycle. Examples include, but are not limited to, pushing the Bicycle beyond its capabilities, operating it outwith the Instructions for Use, incurring damage that is clearly attributable to a Subscriber using the Bicycle more than a reasonable user would and incurring excessive or regular damage to the Bicycle that has obviously been incurred by failure to look after the Bicycle in a manner that would reasonably be expected from a responsible Subscriber. 

4.2 Fife Easy E-Bikes reserves the right to check the mileage (where possible) and condition of the Bicycle during any Maintenance, Repair or exchange. If the mileage is considered, at the sole discretion of Fife Easy E-Bikes, to be in excess of the reasonable use of a user then Fife Easy E-Bikes may exercise their rights as described in clause 4.1.

4.3 The provisions of this clause 4 shall be without prejudice to any other rights of Fife Easy E-Bikes, including but not limited to the right to claim damages and to terminate the Subscription in accordance with clause 13 (Termination and Consequences).

5. BICYCLES AND ACCESSORIES

5.1 The Bicycle (including any Accessories provided with the Bicycle) shall at all times during the Subscription Period remain the property of Fife Easy E-Bikes and legal title to or ownership of the Bicycle does not transfer to the Subscriber as a result of the Subscription.

5.2 Fife Easy E-Bikes shall endeavour to provide the Subscriber with a Bicycle that corresponds with the Specification of the Bicycle that the Subscriber has chosen. Where this is not possible Fife Easy E-Bikes will notify the Subscriber and offer the Subscriber an alternative Subscription Package. Beyond the configuration agreed as part of the Order Process or as altered by Fife Easy E-Bikes at the point of delivery, the Subscriber is not entitled to any particular design, colour, fit-out or other configuration of the Bicycle. 

5.3 The Subscriber acknowledges that some Bicycles (particularly E-Bikes) may have built-in tracking software which allows Fife Easy E-Bikes to track the location of the Bicycle. By completing an order the Subscriber agrees that Fife Easy E-Bikes can use tracking data in the event of a suspected loss, theft or unauthorised use of the Bicycle. 

5.4 Fife Easy E-Bikes may customise and put advertisements on a Bicycle at any time and at its sole discretion. If an advertisement attached to the Bicycle or printed on the Bicycle is damaged, removed, unreadable or otherwise no longer visible, the Subscriber shall inform Fife Easy E-Bikes as soon as possible. The Subscriber shall in no circumstances attempt to make their own customisation or put their own advertisements on the Bicycle at any time during the Subscription Period. 

5.5 Fife Easy E-Bikes will provide the Subscriber with a lock as part of each Subscription Package. The Subscriber MUST use this lock at all times where the Bicycle is left unattended. Fife Easy E-Bikes reserves the right to keep a spare key for all locks. 

5.6 The Subscriber must not make, or have made, any copy or duplicate keys or have more than one key in its possession. The Subscriber is not permitted to pass the key onto third parties and shall protect the key against loss, theft and unauthorised use at all times. If the key is lost, stolen or damaged, the Subscriber must request a new key from Fife Easy E-Bikes. Fife Easy E-Bikes may apply an additional charge for a new key as set out in Part 3 (Supplemental Charges) of the Schedule. Where a key that was previously reported lost or stolen that is found again, must immediately be returned to Fife Easy E-Bikes. 

5.7 Accessories shall be provided, where applicable, to the Subscriber as part of the Subscription Package. 

6. CONDITIONS REGARDING THE USE OF BICYCLES AND ACCESSORIES (“Conditions of Use”)

6.1 The Subscriber must in all instances be a consumer acting in their own personal capacity. 

6.2 For the purposes of these Terms, “use” of the Bicycle shall be deemed to include in any event riding, pushing, parking and storing the Bicycle.

6.3 The Subscriber is the only person authorised to use the Bicycle provided to them as part of their Subscription (except where the user is a Child and the Subscription has been taken out on behalf of that child). The Subscriber will be solely responsible for any damage howsoever caused to the Bicycle (including, without limitation, damage caused by third party use and irrespective of whether they have authorised or otherwise permitted such use). The Subscriber shall not sell, hire, sub-let, create or grant any security interest or other right in respect of the Bicycle to a third party.

6.4 Subject to clause 7 (Maintenance, Repairs and Exchange), the Subscriber uses the Bicycle at their own risk and is responsible for such use. It is the Subscriber’s responsibility to conduct reasonable checks to verify that the Bicycle remains in a good and safe condition throughout the Subscription Period. For example, the Subscriber shall check routinely loose items, for any broken chain, faulty brakes, appropriate tyre pressure, the presence of reflectors or lights at the front and rear and the bell being in good working order. 

6.5 The Subscriber shall not use the Bicycle if they have identified any defects and/or damage leading to any safety concerns or other concerns in connection with the proper use of the Bicycle, unless this use is limited to pushing, parking and storing. The Subscriber shall inform Fife Easy E-Bikes of such defects and damages concerns within 24 hours. If the Subscriber uses the Bicycle for riding, this will be construed as evidence that it functions properly and does not show any defects or damages. 

6.6 The Subscriber shall make normal use of the Bicycle and take due care of the Bicycle, equivalent to that of a responsible owner. The Subscriber shall avoid unusual strain on the Bicycle and use it only on suitable routes and streets, as per the Instructions for Use. 

6.7 The Subscriber shall comply with any operating instructions associated with the Bicycle, including the Instructions of Use. 

6.8 The Subscriber may only use the Bicycle if the Subscriber complies at all times during the Subscription Period with all applicable laws and regulations, including but not limited to following the Highway Code when riding the Bicycle. 

6.9 The Subscriber shall not make any efforts to customise or modify the Bicycles such as to alter their Specification, including but not limited to, attempting to increase the maximum speed of any motorised Bicycle. 

6.10 The Subscriber shall not use the Bicycle while they are subject to an injury or medical condition that may affect their ability to operate the Bicycle, or while under the influence of alcohol or drugs. Where parents or guardians are the Subscriber acting on behalf of a Child, they must ensure that the Child is not subject to an injury or medical condition that may affect their ability to operate the Bicycle. 

6.11 The Subscriber may only use the Bicycle in accordance with its maximum weight limit as provided in its Specification, including any luggage affixed to the Bicycle. 

6.12 The Subscriber shall in no way intentionally or recklessly damage, attempt to damage or make any changes to the Bicycle that cannot be reversed. 

6.13 Fife Easy E-Bikes (including their partners) are entitled to inspect the Bicycle at any time during the Subscription Period, to wholly or partially replace the Bicycle and/or to carry out maintenance, servicing and repairs, so long as they provide sufficient notice to the Subscriber. The Subscriber shall cooperate with such action. 

6.14 The Subscriber shall use any Accessories provided as part of their Subscription Package in accordance with any instructions provided by Fife Easy E-Bikes, affixed to the Accessories themselves and the Instructions for Use (where appropriate). 

6.15 Fife Easy E-Bikes recommends that a Subscriber wears a suitable helmet at all times when riding a Bicycle. The helmet should fit properly and be fastened in accordance with the manufacturer’s instructions. Fife Easy E-Bikes will supply helmets on request

6.16 In the absence of a legal requirement to obtain insurance, Fife Easy E-Bikes recommends the Subscriber considers whether they wish to obtain personal insurance should an unforeseen accident occur, for example to cover their liability to third parties where they are at fault. 

7. MAINTENANCE, REPAIRS AND EXCHANGE

7.1 All Maintenance, Repairs and exchanges shall be provided or administered by Fife Easy E-Bikes via their partner (Lang Toun Cycles) as advised from time to time. 

7.2 Each Subscriber will be able to request ad-hoc Repairs where necessary so long as the Bicycle is returned to Fife Easy E-Bikes. 

7.3 Repairs include: 

7.3.1 repair of defects or damage to the Bicycle arising during the Subscription Period which result from reasonable wear and tear and normal use of the Bicycle; or

7.3.2 where a Bicycle is not performing to its Specification due to reasonable wear and tear and normal use of the Bicycle by the Subscriber, exchange of that Bicycle for a corresponding model,

in each case, provided that the Subscriber has complied with these Terms (“Repairs”). 

7.4 The costs associated with Maintenance and Repairs are included within the monthly Subscription Charge. Fife Easy E-Bikes may refuse to provide Maintenance and Repairs where a Subscriber’s monthly Charge is outstanding until such time as the outstanding monthly Charge is paid. 

7.5 Fife Easy E-Bikes service partner (Lang Toun Cycles) aims to provide any Repairs within 48 hours of normal working hours (Thursday-Saturday) after a Subscriber has returned the Bicycle to Fife Easy E-Bikes when services are required. The Subscriber may not claim any compensation or payment if this target time is not achieved, and they may be liable to pay a Supplemental Charge if they miss an appointment for repair. 

7.6 Fife Easy E-Bikes, may, at their absolute discretion, refuse any Repairs required as a result of any other reason than those set out within this clause. 

7.7 Where Fife Easy E-Bikes exchanges a Bicycle the Subscriber will at the same time hand-in any Accessories specifically associated with that Bicycle. 

8. DAMAGE

8.1 The Subscriber shall report any damage to the Bicycle (including Accessories) to Fife Easy E-Bikes within 24 hours of an accident occurring or of becoming aware of any damage, This applies regardless of the extent of the damage or accident and regardless of whether the Subscriber has caused the damage or accident or not. This shall be done by email or phone direct to Lang Toun Cycles.

8.2 Fife Easy E-Bikes reserves the right to claim from the Subscriber compensation for any losses arising as a result of a failure by the Subscriber to notify Fife Easy E-Bikes about damages or accidents or failure to notify within the aforesaid timeframe. This includes all additional expenses incurred by Fife Easy E-Bikes for the purposes of repairing the damage as well as third parties’ compensation claims which would have been avoided if notice of the defect had been given within the aforesaid timeframe.

8.3 In the event of any damage to the Bicycle (including Accessories) caused by the actions or omissions of the Subscriber, including where such damage is discovered on return of the Bicycle following termination of a Subscription, the Subscriber will pay Fife Easy E-Bikes a Supplemental Charge equivalent to the cost of repairing or replacing parts of the Bicycle so that it is in good working order and ensuring that it is restored to a condition equivalent to the condition that it was originally provided to the Subscriber. In such circumstances, Fife Easy E-Bikes will determine whether the Subscription will end with immediate effect. 

8.4 Where, due to the actions of the Subscriber, the Bicycle (including Accessories) is damaged beyond all reasonable repair or it is not cost efficient to repair (such decision to be made at the absolute discretion of Fife Easy E-Bikes) the Subscriber shall pay a Supplemental Charge equivalent to the cost to buy an equivalent model of the Bicycle or the cost of the damaged Accessory. In such circumstances, the Subscription will be terminated with immediate effect. 

8.5 If there is any damage to a Bicycle (including Accessories) caused by or contributed to by a third party, the Subscriber must submit an Incident Report, within 24 hours of becoming aware of the damage, or from the moment of the accident itself. An Incident Report submission form can be completed on our website.

8.6 Fife Easy E-Bikes reserves the right to apply an additional charge to the Subscriber for failure to provide the required information in the Incident Report, failure to provide correct information or for failing to complete the Incident Report. 

8.7 In the case of an accident with the Bicycle (including Accessories), the Subscriber must not accept any liability to a third party (e.g. by acknowledgement of liability to a third party or by giving such a statement) without Fife Easy E-Bikes’ prior consent. Where this condition is breached, the Subscriber alone will bear the consequences of the accepted liability and the Subscriber shall indemnify (equivalent to a binding commitment to pay) Fife Easy E-Bikes in respect of all costs, damages and expenses associated with third party claims in connection with such acceptance of liability. A Subscriber is never permitted to accept liability on behalf of Fife Easy E-Bikes or on behalf of Fife Easy E-Bikes’ insurers. Such acceptance shall be considered as null and void. 

9. THEFT / LOSS

9.1 The Subscriber is at all times under an obligation to take all reasonable steps to prevent loss, theft or damage to/of the Bicycle (including Accessories), such an obligation is considered a Condition of Use. 

9.2 Where the Bicycle (including Accessories) is not locked or secured in accordance with clause 5.5 (Bicycles and Accessories) and clause 9.1, and an incident occurs, including but not limited to vandalism, loss or theft, the Subscriber will pay Fife Easy E-Bikes a Supplemental Charge in addition to any costs associated with loss of the Bicycle or relevant Accessory. 

9.3 In the event of theft or loss of the Bicycle or an Accessory, the Subscriber must: 

9.3.1 report the loss or theft to the police together without undue delay and obtain a crime reference number

9.3.2 report the loss or theft to Fife Easy E-Bikes within 24 hours from the moment the Subscriber became aware of it, via an Incident Report; 

9.3.3 where possible return the Accessories to the Bicycle to Fife Easy E-Bikes without undue delay;

9.3.4 provide any relevant information regarding the loss or theft without undue delay upon Fife Easy E-Bikes’ request;

Only if all relevant conditions in this clause 9.3 are complied with will the Subscriber be eligible to receive a replacement, such decision shall be made at the discretion of Fife Easy E-Bikes. 

9.4 In the event of loss or theft of a Bicycle or an Accessory the Subscriber will owe Fife Easy E-Bikes the market value of the Bicycle or Accessory, taking into account age and last known condition.

9.5 In the case of theft where the Subscriber can clearly demonstrate that they took all reasonable steps to secure the Bicycle or Accessory (i.e. used the lock provided by Fife Easy E-Bikes, locked it to an immoveable object, or kept it within a locked environment), Fife Easy E-Bikes may apply a discount, of up to 100% of the total of the sums owed to it, by claiming through their Insurance Provider (Laka Insurance). Such discount shall be made at the absolute discretion of Fife Easy E-Bikes and where it is beyond reasonable doubt that the Subscriber took all reasonable steps to secure the Bicycle.

9.6 If it turns out that the Subscriber has provided incorrect information or has made false statements, the Subscriber shall be fully liable for this. Fife Easy E-Bikes will be entitled to claim any damages from the Subscriber resulting therefrom and to impose a Supplemental Charge as set out in Part 3 (Supplemental Charges) of the Schedule. This Supplemental Charge will be charged in addition to the Charge referred to in clauses 9.2 and 9.4.

9.7 Notwithstanding the Supplemental Charges and compensations referred to in this clause 9, Fife Easy E-Bikes reserves the right to claim from the Subscriber compensation up to the amount of actual damages suffered by Fife Easy E-Bikes resulting from the theft or loss of the Bicycle (including Accessories). 

9.8 If a Bicycle (including Accessories) which has been notified to Fife Easy E-Bikes as lost or stolen are found again, Fife Easy E-Bikes may at its sole discretion, subject to the technical and cosmetic condition of the Bicycle (including Accessories), reimburse the Subscriber any charges paid in associating with its loss or theft. Where damage has occurred during loss or theft the Subscriber shall owe Fife Easy E-Bikes appropriate sums in accordance with clause 8 (Damage). 

9.9 If the Bicycle (including Accessories) has been removed by public authorities (including but not limited to, the police or the local council), the Subscriber shall notify Fife Easy E-Bikes within 24 hours. Any costs related to the release of the Bicycle from custody or other related costs will be payable by the Subscriber. Fife Easy E-Bikes will be entitled to charge those costs to the Subscriber. 

10. PAYMENT

10.1 When taking out a Subscription, the Subscriber will be required to provide a payment details online, using Stripe payment processing to have the 4-weekly Charge and other costs owed by them, paid to Fife Easy E-Bikes. 

10.2 The 4-weekly Charge and any other sums owed to Fife Easy E-Bikes (including any Supplemental Charges or additional costs), shall be paid in advance and are due no later than the anniversary of the Start Date (there is a 3 day Grace Period relating to this obligation).

10.3 All Charges and any other sums owed to Fife Easy E-Bikes, shall be paid via Stripe to their business bank account 

10.4 Fife Easy E-Bikes shall provide a monthly invoice prior to the Subscriber’s due date for payment of the 4-weekly Charge, accounting for this standard fee and any other sums owed to us. (including any Supplemental Charges or additional costs).

10.5 If additional costs beyond the 4-weekly Charge are charged, such as the Charges set out in these Terms, Fife Easy E-Bikes will be entitled to first require payment in advance of providing a replacement Bicycle (including Accessories) to the Subscriber. 

10.6 If the 4-weekly Charge, or other costs owed by the Subscriber are not paid for any reason, the Subscriber will be in default. In that case, the Subscriber will receive a demand for payment for the outstanding amount. Fife Easy E-Bikes may engage with debt collection agents if the outstanding amount is not paid within the period of 30 days. All additional costs associated with instructing debt collection agents and the administration of such, shall be payable by the Subscriber. Additionally, Fife Easy E-Bikes (or its partners) may trace the location of the Bicycle, including by using any GPS tracking software installed on the Bicycle, and seize the Bicycle (including any Accessories) in respect of which the Subscriber is in default. 

11.LIABILITY

11.1Nothing in this agreement excludes or limits Fife Easy E-Bikes’ liability for:

11.1.1 death and personal injury caused by our negligence; 

11.1.2 fraud or fraudulent misrepresentation; or

11.1.3 such other liability that may not be limited or excluded by applicable law. 

11.2  The Subscriber is personally liable for compliance with these Terms. 

11.3 The Subscriber is liable for all fees, fines, penalties or other monetary sanctions imposed on Fife Easy E-Bikes by third parties, including by public authorities, or damages awarded against Fife Easy E-Bikes as a result of a breach by the Subscriber of these Terms. In this context, Fife Easy E-Bikes may cooperate with and provide requested information to any public authority or other third party in connection with such fees or damages. For efficiency, Fife Easy E-Bikes may choose to pay amounts owed by the Subscriber on the Subscriber’s behalf and the Subscriber shall reimburse Fife Easy E-Bikes for these sums. Without prejudice to compensation for any other damages, Fife Easy E-Bikes reserves the right to charge the Subscriber a Supplemental Charge for the handling of such third party claims. By accepting these Terms, the Subscriber agrees that Fife Easy E-Bikes may impose a Supplemental Charge on the Subscriber and that Fife Easy E-Bikes may contact the Subscriber in respect of any such Supplemental Charge. 

12.FURTHER AMENDMENTS 

12.1 Fife Easy E-Bikes reserves the right to make reasonable changes to the 4 and 12-weekly Charge if Fife Easy E-Bikes’ costs change as a result of changes in law, or for annual price increases associated with any increased costs of providing the Subscription Services. Any such changes will be communicated with the Subscriber via email at least one month before the change shall take effect. The Subscriber may terminate the Subscription due to any price change in line with the normal procedure as set out in clause 2.7 (Subscription Services), for terminating their Subscription or where they are still under their minimum Subscription Period they are afforded an equivalent right to terminate their Subscription due to any price change i.e. by giving a written notice following which the Subscription shall terminate one month after receipt of the notice. 

12.2  Fife Easy E-Bikes has the right to amend the Subscription including but not limited to these Terms, the Charge, the Maintenance and Repair offering and the information contained on the Website, due to changes in the way that Fife Easy E-Bikes deliver any part of the Subscription Services. Such changes may be made to reflect commercial decisions, market factors, changes to applicable laws and changes to costs associated with running the Subscription Services. 

12.3 Changes to these Terms will be communicated at least one month before the effective date by means of a publication on our Website and/or an email to each affected Subscriber. The Subscriber may terminate the Subscription due to any anticipated changes in line with the normal procedure as set out in clause 2.7 (Subscription Services), for terminating their Subscription.  

12.4 The Subscriber may opt for an alternative Subscription package during the Subscription Period, in which case they will either pay any increased monthly Charge associated with an upgrade (including a pro rata calculation of the charges associated with the upgrade during a particular payment period), or alternatively Fife Easy E-Bikes shall make the necessary changes to their monthly Charge in the following month (including any pro rata calculation associated with a downgrade during a particular payment period). 

12.5 Fife Easy E-Bikes shall notify all Subscribers of any change to the Area. Any such change will be communicated with the Subscriber by means of publication via the Website and via email to each Subscriber at least one month before the change shall take effect. The Subscriber may terminate the Subscription due to any Area change in line with the normal procedure as set out in clause 2.7 (Subscription Services), for terminating their Subscription or where they are still under their minimum Subscription Period they are afforded an equivalent right to terminate their Subscription due to any price change i.e. by giving a written notice following which the Subscription shall terminate one month after receipt of the notice. 

13.TERMINATION AND CONSEQUENCES

13.1 Subscribers may terminate their Subscription at any point after their minimum Subscription Period in accordance with clause 2.7 (Subscription Services). 

13.2 Fife Easy E-Bikes will be entitled to terminate the Subscription immediately by means of a written notice to the Subscriber (most likely via email) in the event of theft of the Bicycle, as otherwise provided for in these Terms or if the Subscriber: 

13.2.1 fails to fulfil its obligations under these Terms, for example failing to pay the monthly Charge or other additional charges incurred by them during their Subscription;

13.2.2 breaches the Conditions of Use or otherwise breaches these Terms in their use of the Bicycle; 

13.2.3 enters into any form of payment arrangement/plan with Fife Easy E-Bikes;

13.2.4 enters into a Debt Arrangement Scheme or other equivalent UK debt restructuring scheme for natural persons;

13.2.5 enters into sequestration or is declared bankrupt or if a petition to enter into sequestration or bankruptcy has been lodged in respect of the Subscriber;

13.2.6 if a Subscriber is placed under guardianship;

13.2.7 if the Subscriber becomes incapacitated or injured such that they cannot reasonably operate a bicycle; 

13.2.8 in the opinion of the Fife Easy E-Bikes, abuses the Subscription Services; or 

13.2.9 provides incorrect information to Fife Easy E-Bikes. 

13.3 Following termination, the Subscriber must return the Bicycle (including Accessories) or immediately make the Bicycle (including Accessories) available for collection by the Bicycle (including Accessories) or its agents.

13.4 Where a Subscriber has failed to make efforts to do so, Fife Easy E-Bikes may take action to locate the Bicycle (including Accessories) and confiscate it/them immediately. Fife Easy E-Bikes reserves the right to apply a Supplemental Charge to the Subscriber for failure to make the Bicycle (including Accessories) available within the Area. 

13.5 The obligations on the Subscriber under these Terms, shall continue regardless of a notification of termination by Fife Easy E-Bikes to the extent necessary to give effect to these Term

14.GENERAL TERMS

14.1 By completing the Order Mechanism and taking out a Subscription the Subscriber shall be deemed to have accepted these Terms. 

14.2 These Terms shall be considered to apply to all Subscriptions and will be considered to be inclusive of any additional information or terms provided by Fife Easy E-Bikes in relation to said Subscription. In the event of conflict between any Subscription specific terms and these Terms, the Subscription specific terms shall take priority.  

14.3 Fife Easy E-Bikes may provide a Subscriber’s details and relevant information to public authorities, including the police, where necessary and in accordance with applicable laws. 

14.4 Fife Easy E-Bikes will at all times be entitled to transfer its claims against the Subscriber, of any nature whatsoever, to third parties (most likely debt collection agencies).

14.5 Every notice of termination of Subscription or breach of the Terms must be given in writing. Email shall be considered as sufficient for the purposes of these Terms. 

14.6 If a provision or part-provision of these Terms is or becomes wholly or partially void, invalid, impracticable or unenforceable, the validity and the enforceability of the remaining provisions of these Terms shall not be affected, and the relevant provision or part-provision shall be deemed modified to the minimum extend necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 14.6 shall not affect the validity and enforceability of the rest of these Terms. 

14.7 By completing the Order Mechanism and taking out a Subscription, the Subscriber acknowledges that Fife Easy E-Bikes shall process their Personal Data in the provision of the Subscription Services (including in some cases using location data). In all cases the Subscriber’s Personal Data will be processed in accordance with the provisions of Greener Kirkcaldy’s Privacy Policy.

14.7 Unless expressly stated otherwise, no person other than the Subscriber and Fife Easy E-Bikes (including its suppliers currently Lang Toun Cycles) shall have any right to enforce any of the provisions of these Terms which, expressly or by implication, confer a benefit on that person, and the Terms do not give rise to any other rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any provisions of the Terms.  

15.GOVERNING LAW AND DISPUTES 

15.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law. 

15.2 The Scottish courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter (including non-contractual disputes or claims). 

This is the Schedule referred to in the forgoing Terms provided by Fife Easy E-Bikes and accepted by the Subscriber

Schedule 

Part 1 Fife Easy E-Bikes Subscription Packages

Package 1: e-MountainBike

Bicycle Type: Electric assist hardtail mountainbike

Specification: Lapierre Overvolt HT 5.4 2023 and Overvolt HT 5.4 Mix 2023

https://www.lapierrebikes.com/gb-en/o/overvolt-ht-54-2023/

https://www.lapierrebikes.com/gb-en/o/overvolt-ht-54-mix-2023/

Instructions for Use: General use: social & domestic journeys via roads, cycle routes, light off-road and rougher trails

Included Accessories - must be returned at end:

·       Oxford Shackle14 Pro Duo U-Lock 320mm x 177mm + cable – RRP £56.99

·       ETC front and rear light set – RRP £44

·       Crud Catcher XL rear mudguard – RRP £19.99

Optional Accessories:

·       Oxford Metro V helmet (or equivalent) – RRP £36.99

4-weekly Charge: £70

12-weekly Charge: £200

Cost of Replacement: No charge if the requirements are met and satisfactory

Maintenance Timescale: For Customer repairs, we aim to meet repairs within 48 hours of the issue being raised. Subscribers must come in for a service check at least every 3 months.

Package 2: e-Hybrid

Bicycle Type: electric assist multi surface cycle

Specification: Ridgeback Arcus 2 and Arcus 2 Open Frame

https://www.ridgeback.co.uk/ridgeback-arcus-2-varrb21930

https://www.ridgeback.co.uk/ridgeback-arcus-2-open-frame-varrb21940

Instructions for Use: General use: social & domestic journeys via roads & cycle routes and light off-road use

Included Accessories - must be returned at end:

Oxford Shackle14 Pro Duo U-Lock 320mm x 177mm + cable – RRP £56.99

Madison Rackbag RT10 – RRP £49.99

Optional Accessories:

·       Oxford Metro V helmet (or equivalent) – RRP £36.99

4-weekly Charge: £70

12-weekly Charge: £200

Cost of Replacement: No charge if the requirements are met and satisfactory

Maintenance Timescale: For Customer repairs, we aim to meet repairs within 48 hours of the issue being raised. Subscribers must come in for a service check at least every 3 months.

Package 3: e-Town 

Bicycle Type: electric assist town and city (“Dutch” style) bike

Specification: Ridgeback Electron INT

https://www.ridgeback.co.uk/ridgeback-electron-int-varrb22120

Instructions for Use: General use: social & domestic journeys via roads and cycle routes

Included Accessories - must be returned at end:

Oxford Shackle14 Pro Duo U-Lock 320mm x 177mm + cable – RRP £56.99

Madison Rackbag RT10 – RRP £49.99

Optional Accessories:

·       Oxford Metro V helmet (or equivalent) – RRP £36.99

4-weekly Charge: £70

12-weekly Charge: £200

Cost of Replacement: No charge if the requirements are met and satisfactory

Maintenance Timescale: For Customer repairs, we aim to meet repairs within 48 hours of the issue being raised. Subscribers must come in for a service check at least every 3 months.

Package 4: e-Folder 

Bicycle Type: electric assist folding bike

Specification: Raleigh Stow-e-way

https://www.raleigh.co.uk/gb/en/stow-e-way-folding-electric-bike/

Instructions for Use: General use: social & domestic journeys via roads and cycle routes

Included Accessories - must be returned at end:

Oxford Shackle14 Pro Duo U-Lock 320mm x 177mm + cable – RRP £56.99

Madison Rackbag RT10 – RRP £49.99

Optional Accessories:

·       Oxford Metro V helmet (or equivalent) – RRP £36.99

4-weekly Charge: £50

12-weekly Charge: £140

Cost of Replacement: No charge if the requirements are met and satisfactory

Maintenance Timescale: For Customer repairs, we aim to meet repairs within 48 hours of the issue being raised. Subscribers must come in for a service check at least every 3 months.

Part 2 Supplemental Charges 

This part of the Schedule details the nature of the Supplemental Charges referred to within the Terms. This detail has been provided for Subscriber awareness, and each Subscriber should satisfy themselves of the nature of these Supplemental Charges prior to completing the Order Mechanism. 

Types of Supplemental Charges: 

A.For the Subscriber requesting more than 3 separate repair requests in a calendar month, as referred to in clause 4.1 (Conditions of Subscription) of the Terms. Here Fife Easy E-Bikes reserves the right to impose a Supplemental Charge proportionate to the amount of damage caused by the Subscriber’s overuse or careless use of the Bicycle. Examples include, but are not limited to, pushing the Bicycle beyond its capabilities, operating it outwith the Instructions for Use, incurring damage that is clearly attributable to a Subscriber using the Bicycle more than a reasonable non-commercial user would and incurring excessive or regular damage to the Bicycle that has obviously been incurred by failure to look after the Bicycle in a manner that would reasonably be expected from a responsible Subscriber.

B.For the Subscriber losing (including unintentional loss) and damaging of the key to the Bicycle lock as referred to in clause 5.6 (Bicycle and Accessories) of the Terms. Here Fife Easy E-Bikes reserves the right to apply a Supplemental Charge where a replacement key is required or requested. 

C.For the Subscriber missing an appointment for repair as referred to in clause 7.6 (Maintenance, Repairs and Exchange) of the Terms. Here Fife Easy E-Bikes reserves the right to impose a Supplemental Charge if an appointment for repair is arranged and it is missed.

D.For the Subscriber causing damage to the Bicycle (including Accessories) as referred to in clause 8.3 (Damage) of the Terms. Here Fife Easy E-Bikes reserves the right to impose a Supplemental Charge equivalent to the cost of repairing or replacing parts of the Bicycle so that it is in good working order and ensuring that it is restored to a condition equivalent to the condition that it was originally provided to the Subscriber.

E.For the Subscriber damaging the Bicycle (including Accessories) beyond all reasonable repair or it not being cost efficient to repair due to their actions (such decision to be made at the discretion of Fife Easy E-Bikes). Here the Fife Easy E-Bikes reserves the right to impose a Supplemental Charge equivalent to the cost to buy an equivalent model of the Bicycle or the cost of the damaged Accessory.

F.For the Subscriber not locking or securing the Bicycle (including Accessories) as referred to in clause 9.2 (Theft / Loss) of the Terms. Here Fife Easy E-Bikes reserves the right to impose a Supplemental Charge in addition to any costs associated with loss of the Bicycle or relevant Accessory where an incident occurs, including but not limited to vandalism, loss or theft.

G.For the Subscriber making or providing false statements to Fife Easy E-Bikes as referred to in Clause 9.5 (Theft / Loss) of the Terms. Here Fife Easy E-Bikes reserves the right to claim any damages from the Subscriber resulting therefrom and to impose a Supplemental Charge.

H.For the Subscriber breaching the Terms and as a result, Fife Easy E-Bikes having to pay any fees, fines, penalties or other monetary sanctions imposed by third parties, including by public authorities, or damages awarded against Fife Easy E-Bikes as referred to in clause 11.3 (Liability) of the Terms. Here Fife Easy E-Bikes reserves the right to charge the Subscriber a Supplemental Charge for handling such third party claims. 

I.For the Subscriber failing to make efforts to make the Bicycle (including Accessories) immediately available for collection by Fife Easy E-Bikes or its agents following termination as referred to in clause 13.5 (Termination and Consequences) of the Terms. Here Fife Easy E-Bikes reserves the right to apply a Supplemental Charge to the Subscriber for failure to make the Bicycle (including Accessories) available within the Area. 

Further Compensation: 

A.For the Subscriber failing to notify Fife Easy E-Bikes about damages or accidents or failure to notify within the timeframe as referred to in Clause 8.5 (Damage) of the Terms. Here Fife Easy E-Bikes reserves the right to claim from the Subscriber compensation for any losses arising as a result of a failure by the Subscriber.

B.For the Subscriber actions that result in theft or loss of the Bicycle (including Accessories) as referred to in Clause 9.6 (Theft / Loss) of the Terms. Here Fife Easy E-Bikes reserves the right to claim from the Subscriber compensation up to the amount of actual damages suffered by Fife Easy E-Bikes.

C.For the Subscriber breaching the Terms and as a result, Fife Easy E-Bikes having to pay any fees, fines, penalties or other monetary sanctions imposed by third parties, including by public authorities, or damages awarded against Fife Easy E-Bikes as referred to in clause 11.3 (Liability) of these Terms. Here Fife Easy E-Bikes reserves the right to compensation for the damages suffered by Fife Easy E-Bikes.

Part 4 Service Area

The Area is currently defined as the Fife Council Area boundary. Subscribers must be resident or work in the Fife Council Area and must be able to demonstrate this when collecting a Bicycle.