Terms of Service
Last updated on 2021/02/22
SUBJECT MATTER / INTRODUCTION
(1) These Terms of Service (called “ToS”) are a contract between us, WIND Mobility LTD, Tower Bridge House St Katharine's Way, E1W 1DD London, United Kingdom, and you, the person using our electric scooters in the UK.
(2) When you register a WIND user account you enter into a “Master Agreement” with us subject to these ToS and our Price List as amended from time to time. Each time you rent a scooter you enter into an “Individual Scooter Rental” which is subject to the Master Agreement. Each Personal Subscription is subject to the Master Agreement and these ToS.
(3) Please read these ToS carefully and save a copy as we don’t file a copy specifically for the transaction with you. They are available in various languages but only this English version is legally binding when you rent from us in the UK.
1. DEFINITIONS
Terms in capitals used in these ToS shall have the following meanings:
Individual Scooter Rental means your rental of individual scooter from us and which is subject to the Master Agreement.
Laws means all applicable laws, regulations and codes of conduct.
Master Agreement means the agreement you enter with WIND when you register a WIND user account and which is subject to these ToS and our Price List as amended from time to time.
Personal Subscription means the service of renting a scooter for your own exclusive use and paying for it on a monthly basis.
Other Driver means any person using a scooter you rented on your account with your authorisation.
Operating Area means the area within which scooters can generally be rented and returned. The current version of the Operating Area can be viewed on the WIND App.
Rental Time means the period of time between the start and end of the Individual Scooter Rental or the start and end of the Personal Subscription as the case may be, in accordance with these ToS (see below).
Services means the rental of scooters and related services together with the provision of the WIND App, as available in your country of residence.
Electric Scooter or Scooter means the vehicle that WIND has made available for you to rent as an Individual Scooter Rental or as a Personal Subscription.
Text Form means SMS, email, communication via the app and written letter.
ToS means these terms of service including the Price List.
WIND App means the software application developed by WIND which operates on Android and iOS operational systems enabling rental and return of Vehicles.
WIND Website means the official website of WIND athttp://www.wind.co/uk.
WIND Account means the profile you have created in the WIND App incl. your details, documents and email or phone in order to be able to rent WIND scooters as an Individual Scooter Rental or as a Personal Subscription.
2. SUMMARY
2.1 Subject to these ToS and the Price List (as changed by us from time to time), WIND allows you to rent and use scooters on a pay per ride basis, one-day pass, one-hour pass or Personal Subscription basis as explained in the WIND App and Price List, subject to availability. The categories and location of available vehicles will be displayed on the map screen in the WIND App. All scooters are and remain exclusively owned by WIND at all times.
Under the Personal Subscription, you will be able to keep the WIND scooter with you for the total duration of the Personal Subscription and you will be responsible for charging the scooter yourself. The batteries of our scooters are high voltage electric devices and can pose a fire hazard. Do not tamper with the battery. WIND will provide you with a charging device and helmet owned by WIND that you must return at the end of the subscription. A WIND representative will show you how to use your scooter during the subscription period.
3. REGISTRATION FOR AND USE OF OUR APP
3.1 REGISTRATION AND USE OF YOUR ACCOUNT
(1) Before you can start using our Services and renting scooters, you must download the WIND App and create a user account. To register, you must be 16 years of age or older and have the category Q entitlement on your driving license valid to use an electric scooter.
(2) Registration for the Services is free.
(3) During the registration process you will be asked to provide a photo of your driving license and take a photo of yourself. More information on how we process your personal data can be found in our Privacy policy.
(3) You agree to providing accurate information during your registration and to inform us immediately of any changes to your personal information, including billing information.
(4) Your WIND Account is for your use only and you must not make it available to anyone else or use anyone else’s WIND Account. You are responsible for maintaining the confidentiality of your WIND Account information (including username, passwords and billing information). WIND is not liable for any loss you may suffer if someone else uses your account except to the extent that such use was our fault. You are liable for any losses suffered by us or anyone else as a result of someone else using your account to the extent that such use was your fault.
If you become aware of theft, unauthorised use or any other breach of security on your account, you must notify WIND immediately via the contact details as provided at the end of these ToS.
3.2 ACCESSING OUR SERVICE ONLINE
(1) You are responsible for the network connections of your device required to use our Services and for any access or data charges (including charges from your internet provider or mobile network provider) in connection with your use of our Services. Your mobile network provider's data and messaging rates and charges may be applied even if you access or use the Services from a wireless-enabled mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary for the access and use of the Services and for any updates.
(2) You acknowledge that WIND´s Services are provided over the internet and mobile networks; therefore, the quality and availability of the Services may be affected by factors outside of WIND´s control. WIND does not guarantee that the Service, or any part of it, will function on any particular hardware or device.
3.3 NOTIFICATIONS
By creating a WIND Account, you agree that WIND may send you information by text message (SMS), email, as well as communication via the WIND App as part of the normal business operation of your use of the Services.
3.4 INTELLECTUAL PROPERTY RIGHTS
We and our licensors own all of the intellectual property rights in the WIND App.
4. RENTING AND USING SCOOTERS
4.1 RENTAL PERIOD
(1) The Individual Scooter Rental will begin once you indicate through the WIND App that you want to rent a scooter by scanning the scooter’s QR code and WIND has confirmed the rental by activating the scooter’s electric power.
(2) The Individual Scooter Rental will end once a scooter is returned or WIND ends it, in either case in accordance with these ToS.
(3) During the Rental Time you are responsible for the scooter. You agree to take reasonable care of the scooter and to take reasonable steps to return it in the same condition in which it was rented, normal wear and tear excluded. You are responsible for loss of the scooter (e.g. theft) or damage to the scooter where, and to the extent that, you are at fault (for example by not complying with this agreement). However, there is a cap on the amount of your liability as explained in the Price List which applies where you have not deliberately caused the loss or damage.
(4) You must not leave the scooter unattended at any time during the Rental Time and you must use the kickstand whenever you park it.
(5) You are only allowed to rent one scooter at a time via your WIND Account. Using your WIND Account to make a scooter available for an Individual Scooter Rental to another person is a violation of these ToS and your WIND Account may be suspended or banned as a consequence. Your Personal Subscription scooter is for your personal use only – making it available to another person is a violation of these ToS and your WIND Account may be suspended or banned as a consequence.
(6) In the case of purchasing a Personal Subscription, your driving license will be requested upon delivery so your legal age and capability to drive the scooter can be verified. It is not possible to receive a scooter for a Personal Subscription without having your driving license checked. Upon delivery, a WIND representative will show you how to safely use the scooter.
4.2 AVAILABILITY AND MAINTENANCE OF SCOOTERS
(1) Scooters are offered for rental on a first-come, first-serve basis. Although WIND makes reasonable efforts to meet demand, WIND cannot guarantee that there will be a scooter for every applicant at any time and is not responsible for any lack of availability.
(2) WIND is responsible for the daily operation, maintenance and repair of the scooters. However, this doesn’t mean that WIND guarantees that all scooters will be always be in a trouble-free condition.
(3) If you have purchased a Personal Subscription, we will repair and/or replace the scooter free of charge in case of defects or malfunctions for reasons that cannot be attributed to you being careless, negligent or acting in breach of these ToS. Repair and/or replacement is only possible within the limits of the city where the scooter was delivered. If you find that a scooter requires a repair or you have reasonable doubts for its safety, you undertake to inform WIND immediately through the App or by calling our Customer support team. Damages to the scooter caused by vandalism must be reported to WIND within 24 hours. If WIND has not been able to repair the scooter, you are entitled to one replacement scooter per Subscription month. If you fail to inform WIND of damage to the scooter within a reasonable time frame as well as in cases where damage to the scooter exceeds ordinary wear and tear, we reserve the right to charge associated repair and replacement costs to you in cases where the damage to the scooter can be attributed to you and in accordance with the current Price List.
4.3 CONDITIONS UNDER WHICH YOU ARE ALLOWED TO USE SCOOTERS
(1) You must only enter into an Individual Scooter Rental if:
a) you are at least 16 years old;
b) you are in possession of a driving license with the category Q entitlement or an equivalent valid for use in the UK which you are willing to provide for authentication;
c) you have watched the instructions on how to ride provided by WIND in the App on the WIND website;
d) you are physically and mentally fit to ride the scooter you choose;
e) if local regulations oblige you to wear a helmet to drive the scooter, you will wear a helmet which complies with current Laws whenever you drive the scooter;
f) you are familiar and will comply with all Laws that relate to the safe and legal operation of electric scooters;
g) you observe the limits of the Operating Area and always drive the scooter within the Operating Area;
h) you park only in the designated parking spots, including parking bays (when applicable), which are marked in the WIND App; if you park outside of a designated parking spot or a parking bay (when applicable), you will be charged in accordance with the current Price List.
(2) You further agree that:
a) you are fully aware that riding an electric scooter on the motorway poses a risk of accident due to motorists, pedestrians, and road conditions, and you must make sure to pay attention to your surroundings to avoid such accidents;
b) you are capable of operating and riding the chosen scooter and you have watched the instructions on how to ride provided by WIND in the App on the WIND website;
c) in the case of Individual Scooter Rental, you are solely responsible for obtaining and using a helmet and/or other protective gear when this is required by Law; at its sole discretion, WIND may provide you with a helmet, which must be returned once the Individual Scooter Rental has ended; if you do not return the helmet, you will be charged in accordance with the current Price List;
d) in the case of a Personal Subscription, WIND will provide you with a helmet, which you must use for your own safety;
e) you are solely responsible for the quality and correct use of any equipment such as helmets and/or protective gear you use;
f) you are solely responsible for operating and riding the scooter in a careful and competent manner;
g) you are aware that a helmet and protective gear, even when used, do not eliminate the risk of bodily injury in the event of an accident;
h) you are solely responsible for any fines, fees, charges or costs (including relocation costs) that you or we incur as a result of your breach of traffic or other Laws including parking the scooter in prohibited locations or for not wearing a helmet when driving the scooter;
i) WIND reserves the right to identify you to the relevant authorities if we think you may have committed a road traffic offense or have violated other Laws during the Rental Time or where WIND is legally required to do so;
j) if you accidentally cause damage to a person or a piece of property while using a WIND scooter you are covered by our liability insurance as long as you follow these ToS;
k) when using WIND scooters we are providing you with the necessary insurance to ride the scooter lawfully in the UK - the liability insurance arranged by WIND for you and the damage you may cause to third parties is unlimited with regard to bodily injury and limited to GBP 1.2 million with regard to damage to third parties’ property resulting from an accident you caused whilst using a WIND scooter;
l) due to the UK Government requirement it is not possible for you to opt out of the insurance coverage; more information on the coverage is available at wind.co/uk-insurance;
m) you must adjust your riding behaviour appropriately according to weather conditions;
n) you must not remove or modify any accessories, parts, or components of any scooter;
o) you must not use a scooter without intending to pay any applicable charges;
p) if you return the scooter outside the Operating Area as shown in the App, you must pay additional fees in accordance with the Price List;
q) you must not take WIND scooters with you on trams.
4.4 IF THERE IS AN ACCIDENT
You must immediately notify WIND via the contact details at the end of these ToS as well as the local police if there is an accident or the scooter is stolen during the Rental Time or during a Personal Subscription.
4.5 YOUR RESPONSIBILITY TO INSPECT THE SCOOTER
Before and during each use of a scooter, you must do the following:
a) Inspect the visible parts of the scooter that you wish to rent before use to ensure that it is in a good operating condition to the best of your ability.
b) Carefully test the scooter’s components (the board, the handlebar, the front and rear lights, the bell, brakes and tires).
c) Promptly tell WIND customer service (using the contact details at the end of these ToS) if it appears to you that the scooter has any kind of technical defect or malfunction that could affect its roadworthiness. WIND will cancel the Individual Scooter Rental free of charge if you tell us about a defect that may affect a scooter´s roadworthiness promptly after the rental.
4.6 OTHER IMPORTANT RESTRICTIONS ON USE OF SCOOTERS
The scooters must not be used under the following conditions:
a) by anyone else other than the person whose WIND Account is used to unlock the scooter in case of an Individual Scooter Rental or whose WIND Account was used to subscribe for a Personal Subscription;
b) if the rider weighs over 100 kg;
c) by more than one person at a time;
d) if the rider has any existing physical or mental condition that would prevent such person from safely operating the scooter;
e) while carrying any item that might impede the driver’s ability to safely operate the scooter;
f) if the rider is under the influence of alcohol, drugs, or any other substance that may affect the person´s ability to safely operate the scooter;
g) while using any mobile phone or other device including for phone calls, text messages, listening to music or any other use that may distract the rider from the safe operation of the scooter or is unlawful;
h) during bad weather conditions like hail, heavy fog, heavy rain, snow, ice or thunderstorms;
i) if the scooter has any obvious technical defect that might affect the scooter´s roadworthiness;
j) in breach of any driving or other Laws;
k) for racing, tricks, jumping, stunt riding and/or off-road riding;
l) for any commercial or business purposes; or
m) for towing, pulling, carrying, or pushing any person or object.
4.7 NO-GO and GO-SLOW/LOW SPEED ZONES WITHIN THE OPERATING AREA
4.7.1 In the WIND App you will see different zones designated as “NO-GO ZONES” and “GO-SLOW/LOW SPEED ZONES” within the Operating Area.
4.7.2 When you enter a “GO-SLOW/LOW SPEED ZONE” the maximum speed of the scooter will be automatically reduced to 4mph.
4.7.3 When you enter a “NO-GO ZONE” the maximum speed of the scooters will be automatically reduced to 0 and you won’t be allowed to drive within the zone.
5. PERSONAL SUBSCRIPTION FOR KEY WORKERS
5.1 To subscribe for a Personal Subscription, you need to (i) fill in a form expressing your interest in subscribing for a scooter; (ii) download the WIND App and provide your address, name and payment method in the App. In order to make sure you have a valid driving license to drive a scooter, you will be asked to show your driving license to a WIND representative upon handover of the scooter. You must receive or pick up the scooterpersonally.
5.1.1 If you are a key worker, you will be asked to show proof of your “key worker” status e.g. ID Badge, NHS identification or another professional badge either at pickup or upon delivery to your house.
5.2 The scooter for your Personal Subscription will be available for pick up at the WIND premises – you will receive the address and time slot for pick up after confirming your Personal Subscription. During pick up a WIND representative will be available to show you how to safely use the scooter and will provide you with a free of charge helmet. Please use the helmet for all your rides!
5.3 The batteries of our scooters are high voltage electric devices and can pose a fire hazard. Therefore, it is extremely important that you observe the following battery handling and charging safety rules:
a) always allow an appropriate cooling period (20 min. minimum) before charging the battery or the scooter or connecting the charger to them;
b) ensure both scooter and the charger are dry and away from water before connecting them;
c) do not charge the scooter if you suspect the battery, the charger or the scooter are not working properly; please contact our call centre;
d) do not leave the scooter or the battery charging or connected to the charger without supervision;
e) do not charge or keep the charger connected to the scooter or to the battery for more than 3 hours.
5.3.1 You will receive a charger together with the scooter. You are not allowed to use another type of charger for the scooter. You are responsible for charging the scooter yourself. In case you suspect that the charger is not safe to use, you must immediately call WIND and request a replacement. Do not charge the scooter if you suspect that the charger or the scooter are not working properly!
5.5 A mechanical lock will be provided to you upon request and for an additional fee in accordance with the current Price List. You don’t have to return the lock at the end of your subscription.
5.6 If you are not able to pick up your Personal Subscription scooter, please contact WIND and we will deliver the scooter to you free of charge. You will be asked to show your driving license and key worker ID to a WIND representative upon delivery. A WIND representative will show you how to safely use the scooter and will provide you with a free of charge helmet and a charger for the scooter upon delivery.
5.7 You are obligated to keep the scooter safe and in good condition and to treat it with reasonable care. You will not be held accountable for damages that cannot be attributed to you. You will be charged for damages to the scooter as a result of your actions – including but not limited to negligent, fraudulent or intentionally detrimental behaviour.
5.8 When you receive your Personal Subscription, you will be charged a Deposit amount in accordance with the Price list.
5.9 You are obligated to follow all the rules applicable to Individual Scooter Rental and to observe all the restrictions in these ToS including but not limited to - follow all driving and other Laws when driving and parking the scooter.
5.10 You must not drive the scooter on the pavement or at a higher speed than allowed in each specific area. Where it is not safe to drive at the legally allowed speed, you are obliged to reduce your driving speed to such speed that is considered appropriate to the weather conditions and the safety of yourself and other road users, taking special care of the elderly, children and people with disabilities.
5.11 You must ensure that you always park the scooter in a way that does not hinder pedestrians or other third parties. In particular, you must not park the scooter under trees, traffic signs, near to traffic lights, rail road crossings, parking meters, parking ticket machines, fences to property of other land owners, benches, containers, litter bins, in front of or near emergency exits and fire and rescue service zones, in front of drives and exits, dropped kerbs, on access paths to public transportation, cycle lanes, tactile paving, pedestrian crossings, in buildings, backyards, vehicles, parks and green spaces or where the scooter covers advertisements, impedes access to urban furniture such as benches and other equipment installed in public spaces or when the scooter damages or deteriorates the item´s condition, in the areas reserved for loading and unloading, in places reserved for other users or services and, in general, in any other places forbidden by Law including by local regulations.
5.12 Your Personal Subscription is automatically renewed each month and has a maximum duration of 12 months at a time. You may terminate the Personal Subscription by sending an email to customer.uk@wind.co giving one-month notice while the Personal Subscription is running. You may also terminate your Personal Subscription until the pick-up date or delivery date, respectively.
5.13 At the end of your Personal Subscription, you must return the scooter and the scooter charger in good working condition, ordinary wear and tear excluded,either to the WIND premises or request a collection from WIND.
5.14 During the Personal Subscription the scooter is provided for your exclusive personal use, however, you are not allowed to leave the Operating Area. You will be notified via the App and via a scooter sound warning if you are leaving the Operating Area.
5.15 You are not allowed to provide your Personal Subscription scooter to anyone else even if they meet the conditions for riding a scooter or if they have a WIND Account of their own. Allowing anyone else to ride your Personal Subscription scooter may lead to your account being suspended or banned and your Personal Subscription being terminated.
6. END OF THE INDIVIDUAL SCOOTER RENTAL AND RETURN OF THE SCOOTER
6.1 Please see the section above about “Renting and Using Scooters” which explains the extent of your responsibility for returning the scooter in the same condition as when received.
6.2 The Individual Scooter Rental ends
(i) when the electric scooter is properly parked and locked at any legal, freely accessible parking location within the boundaries of the Operating Area, and you have ended the Individual Scooter Rental via the WIND App, or
(ii) when you have stopped using the scooter and it has automatically locked and ended your Individual Scooter Rental after 60 minutes of inactivity. You will incur charges for this – please always park and end the Individual Scooter Rental properly as described in (i).
6.2.1 If you try to end your Individual Scooter Rental outside the Operating Area you will be notified that you need to return to the Operating Area and end your Individual Scooter Rental there.Please don’t leave the Operating Area as this will prolong your Individual Scooter Rental due to the reduction of speed and will increase the price for your Individual Scooter Rental.
6.2.2 Upon ending your Individual Scooter Rental, you can review the completed rental process including the total Rental Time and total fees in the WIND App.
6.3 If you can’t return a scooter, for example due to low battery of your device or lack of an internet connection, you must notify WIND customer service as soon as possible via the WIND App or via the contact details at the end of these ToS. If so, WIND will manually end the Individual Scooter Rental. If you do not contact WIND’s customer service, the Individual Scooter Rental will automatically be ended after 60 minutes and you will be charged for those60 minutes. In addition, except in the case of a Personal Subscription, WIND can end the Individual Scooter Rental if you do not use the scooter within 24 hours after it began.
6.4 For 48 hours after returning the scooter, you must be in a position to promptly tell us the exact location of a returned scooter.
6.5 You must follow all road and other Laws when parking the scooter. You must ensure that the scooter does not hinder other road or pavement users or other third parties. In particular, you must not park the scooter under trees, traffic signs, near to traffic lights, rail road crossings, parking meters, parking ticket machines, fences to property of other land owners, benches, containers, litter bins, in front of or near emergency exits and fire and rescue service zones, in front of drives and exits, dropped kerbs, on access paths to public transportation, cycle lanes, tactile paving, pedestrian crossings, in buildings, backyards, vehicles, parks and green spaces or where the scooter covers advertisements, impedes access to urban furniture such as benches and other equipment installed in public spaces or when the scooter damages or deteriorates the item´s condition, in the areas reserved for loading and unloading, in places reserved for other users or services and, in general, in any other places forbidden by Law including by local regulations.
6.6 You are responsible for checking that there are no temporary prohibitions (for works, markets, parties, tree pruning, filming, etc.) in a parking area. You must not end the Individual Scooter Rental by parking a scooter in areas with daily or time parking restrictions, if the restriction starts less than 24 hours after the vehicle has been parked. For example, if the parking ban starts on Tuesday at 09.00 am, you are not allowed to park the scooter in the restricted area after 09.00 am on the day before (Monday).
6.7 If you park the scooter in violation with the above requirements, additional charges may apply in accordance with the current Price List including any applicable fees or charges. No charge or a reduced charge will be applied to the extent that you demonstrate to our reasonable satisfaction that you were not at fault for the loss or damage resulting from your failure to comply with parking requirements.
7. PAYMENT AND BILLING
7.1 WIND will charge you on the basis of the prices applicable at the time of booking. The current Price Listis available on the WIND Website and in the WIND App. WIND is entitled to amend the Price List at any time for future bookings as set out below.
7.2 If a scooter is returned outside the Operating Area as defined on the WIND Website and in the WIND App additional, charges are due according to the current Price List.
7.3 Different rates may apply to different categories of scooters as indicated in the WIND App or WIND Website.
7.4 Payments for an Individual Scooter Rental are payable at the end of the Individual Scooter Rental. Payments for a Personal Subscription shall be charged on the day the scooter is delivered to you and then at the beginning of each subscription month in advance.
7.5 After you register, WIND will set up a credit account for you called “My Wallet”, which you may top up at any time in order to pay for your rides and for any charges incurred. You can top up your credit account by using a credit card (Visa, Mastercard or American Express), Apple Pay or PayPal or any other payment method we specify.
7.6 In the case of a Personal Subscription, WIND designates and delivers to you a WIND scooter, a helmet and a charger for you to use throughout the duration of the Subscription, subject to you paying a security deposit in accordance with the current Price List (the “Deposit”). The Deposit is charged upon delivery of your Personal Subscription scooter together with the first month payment. The Deposit will be refunded to you at the end of your Personal Subscription if you return the scooter, the helmet and the charger in good working condition (ordinary wear and tear excluded).
7.7 For purchasing a Personal Subscription, the available payment methods are debit and credit card. (Visa, Mastercard or American Express).
7.8 If and to the extent you have an applicable credit balance on your credit account, your credit account will be used first for any payments due and WIND will debit the remaining charges from the bonus account and/or your preferred payment method.
7.9 You are not entitled to transfer your bonus amount or credit balance to other users of the WIND App or any other third party.
7.10 There is no expiry date for your credit balance while the Master Agreement lasts. If it ends, any credit amounts shall on request be transferred to a designated bank account as set out below. Any bonus amounts left at the end date will expire automatically and will not be paid to you or be useable to reduce any amounts you owe WIND.
7.11 Any charges for WIND´s Services include VAT or other applicable tax.
7.12 Any fees and charges which WIND is entitled to are included in the Price List.
7.13 If the payment is delayed, WIND can - after issuing a reasonable warning - suspend your use of the Services until you meet your payment obligations.
7.13 WIND is entitled to debit any charges due automatically via your preferred payment method without making a prior payment request. Objections to the charges must be sent to customer.uk@wind.co within 14 days of receipt of the invoice.
8. ENDING THE CONTRACT, AN INDIVIDUAL SCOOTER RENTALS OR A PERSONAL SUBSCRIPTION
8.1 ENDING THE MASTER AGREEMENT
(1) The Master Agreement continues until either of us ends it as explained below.
(2) We can end it by giving you at least 7 days’ notice via the WIND App, by email or text message (SMS).
(3) You can end it at any time by sending us a notice via the WIND App and by email.
(4) The Master Agreement cannot end during an Individual Scooter Rental.
(5) After the Master Agreement ends, WIND will collect any outstanding amounts within 14 working days and will refund any remaining balance on your credit account within another 14 working days after you have provided WIND customer support with your bank details.
8.2 ENDING INDIVIDUAL SCOOTER RENTALS
(1) You can end an Individual Scooter Rental at any time by returning the scooter in accordance with these ToS.
8.3 ENDING A PERSONAL SUBSCRIPTION
(1) The Personal Subscription has a maximum duration of 12 (twelve) months and can be cancelled with one-month termination notice. The Personal Subscription term starts from the date of the confirmed delivery of the scooter to the address provided by you and the security check of your driving license and your key worker or student status, if applicable. The subscription is automatically extended for a period of one month until cancelled by you.
(2) You may cancel a Personal Subscription free of charge up to the day of pick up or delivery of the scooter to the address provided by you.
(3) If You cancel a Personal Subscription on the day of pick up or delivery of the scooter, you will be charged for the first month of the subscription.
(4) The termination notice for the Personal Subscription must be sent to WIND customer support at customer.uk@wind.co. Once we receive your cancellation notice, you can continue to use the scooter in accordance with these ToS until the end of the subscription month you purchased.
(5) The scooter, helmet and scooter charger delivered to you as part of your Personal Subscription is intended only for personal use and exclusively by you. At the end of your Personal Subscription you must return the scooter, the helmet and the charger in good working condition, ordinary wear and tear excluded. The return must be arranged in the same way as the handover – e.g. if we delivered the scooter to you, we will arrange a pickup; if you picked up the scooter at WIND premises, you must return it to the WIND premises.
9. RESTRICTIONS ON LEGAL LIABILITY– VERY IMPORTANT
9.1 Nothing in these ToS in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
9.2 We are not responsible for any loss or damage where:
• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into these ToS);
• (and to the extent that) such loss or damage is your fault, for example by not complying with these ToS; or
• such loss or damage relates to a business.
9.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer including claims against us by other people arising from your breach of these ToS or from the use of scooters by Other Drivers in breach of these ToS (subject of course to our obligation to minimise any losses).
9.4 We will be responsible to you for any reasonably foreseeable loss or damage you suffer including claims against you by other people arising from our breach of these ToS (subject of course to your obligation to minimise any losses).
9.5 Neither we nor you are liable for failure to perform or delay in performing any obligation under these ToS if caused by any circumstances beyond our or your reasonable control including third party telecommunication failures, exceptional traffic conditions and epidemics or pandemics.
10. DATA PRIVACY
For detailed information regarding the processing of your personal data by WIND and WIND´s service providers please read our Privacy Policy.
11. CHANGES TO THESE TOS AND THE PRICE LIST
11.1 WIND expressly reserves the right to change these ToS and the Price List as follows.
11.2 WIND is entitled to change these ToS and the Price List at any time with effect for the future if so required by current business needs or in order to improve the quality of the services provided.
11.3 WIND will tell you about such changes by email and/or by SMS and/or by push notification within the App and will publicise the new ToS and prices on the WIND Website and in the WIND App at least five days in advance. WIND will also tell you about your right to end the Master Agreement before the changes come into effect. Changes affecting the Personal Subscriptions will enter into effect as of the next contractual month. The changes are deemed to have been accepted by you if you continue to use WIND’s service after the notification period ends.
12. YOUR DEALINGS WITH OTHER PEOPLE
12.1 During the use of the Services, you may enter into correspondence with, by goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the WIND App or the WIND Website. Any such activity is solely between you and the applicable third party.
12.2 WIND does not endorse any applications or sites on the Internet that are linked through the WIND App or WIND Website and is not responsible for any content, products, services, or other materials on or available from such sites or third-party providers.
13. APPLICABLE LAW
These terms and conditions shall be governed by English law.
14. TRANSFERRING THESE TOS
14.1 We may transfer all or part of our rights or duties under these ToS provided we take reasonable steps to ensure that your rights under these ToS are not prejudiced and that we notify you in text form of a transfer at least a reasonable period before any such transfer. WIND will point out your right to terminate these ToS in the notification.
14.2 As these ToS are personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
15. NO “WAIVER”
Our or your failure to insist upon or enforce strict performance of any part of these ToS does not mean that it cannot be enforced later. Neither the course of conduct between the parties nor trade practice will be sufficient to change any part of these ToS.
16. SEVERABILITY
If a court finds any provision of these ToS or in the current Price List to be ineffective, the remaining provisions of these ToS will still apply.
17. DISPUTE RESOLUTION
Any disputes between the parties concerning these ToS shall be decided only by the courts of the United Kingdom.
If you need help or have a question regarding our Services, please write to WIND customer service for support at customer.uk@wind.co or call us at 0330 1 33 32 31.
We will do our best to resolve your issue within 3 working days.
If you have questions about how your data is handled, please contact WIND’s Data protection officer at dpo@wind.co.