Terms and Conditions

1) Definitions

In the below General Terms and Conditions, the stated terms will have the following meaning:

2. Applicability
   1. These General Terms and Conditions – and Appendix I – III as attached hereto – apply to any Subscription between Paradise and the Member.
   2. Arrangements between Paradise and the Member varying from or supplementary to these General Terms and Conditions will be valid only if they have been explicitly confirmed in writing via email by Paradise.
3. Subscription
   1. 3.1) The Member will receive confirmation of the order after fully completing the Order Process. The Subscription becomes effective at the time the Member takes possession of the E-bike from Paradise, unless explicitly stated otherwise in the confirmation or the Subscription.
   2. The Member must be at least 18 years old and be able to enter into legally binding contracts. Minors may use a E-bike under the supervision of a legal representative (who is at least 18 years old) who has entered into a Subscription on behalf of such minor.
   3. A digital verification process of the Member’s Aadhar, passport, identification card or driver license may be part of the Order Process. In such case, the E-bike will not be delivered until the Member is able to provide the relevant identification documents. Where Paradise’s verification of the identity documents indicates (potential) fraud, Paradise may refer the matter to the police.
   4. Paradise is entitled to refuse entering into an agreement with any natural person or legal entity (the “Person”) for reasons including, but not limited to:
      1. the Person who is not registered at a legal address;
      2. the Person who is not able to provide proof of a legal address (which could be either a residential address or a business address);
      3. the Person who used to be a Member and of which the Subscription was terminated in accordance with one or more of the reasons mentioned in article 17.1 of these General Terms and Conditions; or
      4. the Person uses a payment method that does not meet the minimum requirements set out by Paradise.
   5. Unless stated otherwise, Paradise charges the Member a one-time Activation fee as indicated for the relevant Subscription in the Order Process. This one-time fee may vary based on the Member’s selections during the Order Process, such as the inclusion of additional fees for certain selected services in the Order Process (such as not picking up the E-bike in a store).
   6. After the confirmation, the Member and Paradise will agree the time and location for the delivery or Ebike. During the Order Process and when Paradise delivers the E-bike, Paradise verifies the Member’s personal details. At the time of delivery, the Member shall confirm to Paradise in writing the receipt of the Ebike, the payment method chosen and that the personal details provided are correct. During the Subscription Period, the Member shall notify Paradise of changes to the data known to Paradise (such as a new phone number, address or bank account) in good time and without undue delay.
   7. The Member will have an E-bike at its disposal and may use it during the Subscription Period, in accordance with the chosen Subscription and these General Terms and Conditions. In return for Paradise making the E-bike available to the Member, the Member owes Paradise the monthly Subscription Price agreed in the Order Process during the Subscription Period.
   8. If the Subscription is concluded by completing the registration form on the website of Paradise and the Member is a consumer, the Member has the right to withdraw with immediate effect from the Subscription without giving a reason within 7 days of receipt of the E-bike by sending a written notice of withdrawal to Paradise. If the Member withdraws the Subscription within the 7 days withdrawal period, the Subscription, registration fees and gateway will be charged to the Member on a pro-rata basis for the number of days during which the E-bike was at the Member’s disposal.
   9. Under the Subscription, the Member is entitled to repairs as set out in Article 8.
4. E-bike
   1. The E-bike (including any other items including batteries and keys that were provided with the E-bike) shall at all times during the Subscription Period remain the property of the Paradise store and legal title to or ownership of the E-bike does not transfer to the Member.
   2. The E-bike bears a frame number with a barcode and a separate QR-code which allows Paradise to identify the unique E-bike. If the frame number with the barcode and/or the QR-code is damaged, removed, unreadable or otherwise no longer visible, the Member shall inform Paradise of this without undue delay.
   3. Beyond the specifications agreed in the relevant Subscription (e.g. specifications on the type and/or category of the E-bike), the Member is not entitled to a particular design, colour, fit-out or configuration of the E-bike.
   4. The Member acknowledges and agrees that the E-bike may have a Connectivity Device which allows Paradise to track data of the location and mileage of the E-bike. Paradise can, amongst other things, track data in the event of a suspected loss, theft or unauthorised use of the E-bike.
   5. The Member acknowledges that the Connectivity Device as referred to in article 4.4 may also have the capability to control the performance of the E-bike. Paradise is entitled to, for the reasons of, but not limited to, adjust the support levels to (i) optimize battery performance, (ii) preserve the E-bike its quality and/or (iii) minimize the performance in case of behaviour mentioned in article 17.1 of these General Terms and Conditions
   6. Paradise reserves the right to put advertisements on the E-bike at any time and at its sole discretion. If an advertisement attached to the E-bike or printed on the E-bike is damaged, removed, unreadable or otherwise no longer visible, the Member shall inform Paradise of this without undue delay.
5. Locks and Keys
   1. Paradise will provide the Member with a key to use with the locks (as set out in the Subscription). Paradise has the right to keep a spare key to the E-bike or locks.
   2. The Member shall not be permitted to make, or have made, any copy or duplicate keys or to have more than one key in its possession. The Member shall protect the key against loss, theft and unauthorised use at all times and is not permitted to pass the key on to third parties. If the key is lost, stolen or damaged, the Member must request a new key from Paradise. Paradise may charge a Charge for a new key as set out in Appendix III-A. A key that was previously reported lost or stolen that is found again, must immediately be returned to Paradise.
6. Conditions regarding use of the E-bike
   1. For the purposes of these General Terms and Conditions, “use” of the E-bike shall be deemed to include in any event riding, pushing, parking and storing the E-bike.
   2. Subject to Article 15, the Member uses the E-bike at their own risk and is responsible for such use. It is the Member’s responsibility to conduct reasonable checks to verify that the E-bike remains in a good and safe condition throughout the Subscription Period. For example, the Member shall check routinely for any loose screws or other parts, appropriate tyre pressure and condition, the proper functioning of the lights (front and rear), the presence and visibility of reflective devices (rear and side), the proper functioning of the horn, the computer, and the braking system.
   3. The Member shall not use the E-bike 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 E-bike, unless this use is limited to pushing, parking and storing The Member shall inform Paradise of such defects and damages concerns in good time (which may be by requesting a repair). If the Member uses the E-bike for riding, this will be construed as evidence that it functions properly and does not show any defects or damages.
   4. The Member shall make normal use of the E-bike and take due care of the E-bike. The Member shall avoid unusual strain on the E-bike and use it only on paved routes and streets. Notwithstanding the foregoing, the Member shall be entitled to push, park or store the E-bike on unpaved routes and streets, provided that the Member ensures that such use does not result in any damages to the E-bike.
   5. The E-bike is intended exclusively for personal use by the Member. The Member shall not allow third parties to use the E-bike. The Member shall not sell, hire, sub-let, create or grant any security interest or other right in respect of the E-bike to a third party.
   6. The Member may only use the E-bike if the Member complies at all times during the Subscription Period with all aspects of all applicable laws and regulations, including but not limited to meeting the minimum age required, compliance with the relevant usage regulations (such as prohibitions on increasing the maximum speed of E-bike, speed limits and parking rules) and holding the and insurance.
   7. In the event that, during the Subscription Period, (i) the Member is banned from driving by a court or administrative decision, or (ii) the Member’s permission to drive and/or hold the E-bike is otherwise restricted, the Member is obliged to inform Paradise thereof  immediately.
   8. The Member shall not use the E-bike while suffering from a medical condition or on medication that may affect the Member’s use of the E-bike, or while under the influence of drugs or alcohol.
   9. The Member may only use the E-bike in accordance with its weight limit as mentioned in Appendix II-A.
   10. The Member may only use the luggage carrier of the E-bike in an appropriate manner in accordance with its intended purpose and in particular the Member shall not transport any persons or animals on a luggage carrier. The Member shall not carry a load exceeding the weight limit as mentioned in Appendix II-B.
   11. The Member may not transport any persons on the E-bike, except if specifically permitted under the relevant Subscription and provided that the Member ensures that such person complies with all aspects of all applicable laws and regulations (such as wearing a helmet).
   12. The Member may not destroy the E-bike, make any changes to the E-bike that cannot be reversed without damaging it, or manipulate in any way the electronics, battery, computer and/or software of the E-bike.
   13. After giving prior notice, Paradise is entitled to inspect the E-bike at any time, to wholly or partially replace it, and to carry out maintenance, servicing and repairs to the E-bike and the Member shall cooperate therewith.
   14. Notwithstanding the provisions of Article 6.6, Paradise recommends that the Member wears a suitable helmet when using an E-bike. The helmet must fit the Member properly and shall be fastened according to the manufacturer’s instructions.
7. Conditions regarding Subscriptions
   1. If the Member uses a E-bike under a Student Subscription, Paradise reserves the right to convert the Subscription to a Regular Use Subscription applicable to the E-bike being utilized, including any changes to the Subscription Price, without the obligation to provide advance notification, under the following circumstances: (i) when the Member reaches the age of twenty-six (26) years old or (ii) when the Member has used a E-bike under a Student Subscription for a total period of four (4) years.
   2. The Member is not permitted to use a E-bike under a Regular Use Subscription for commercial purposes, such as the delivery of goods or food, or exceed the maximum number of kilometres permitted under a Regular Use Subscription. In the event of a breach (for example exceeding permitted number of kilometres, wearing a company’s outfit while transporting ordered goods or other signs of usage of the E-bike for commercial purposes, including but not limited to: number of stops; average speed; and the average use per day), the Member shall pay a reasonable and proportionate compensation to Paradise (to be determined by Paradise) which will in any event not exceed the amount for a Charge set out in Appendix III-B.
   3. Paradise reserves the right to check the mileage and condition of the E-bike at a repair / switching, or at any other time during the Subscription. When performing a check, Paradise may examine the average usage during the previous 30 days, calculated from the moment of the first delivery or the last appointment made for a repair until the date of the check. If the average usage during this 30-day period exceeds the usage rights under the Regular Use Subscription, Paradise is entitled to retroactively charge a fee that allows a higher average usage over that period, plus a Charge for administration costs (as set out in Appendix III-C).
   4. The provisions of this Article 7 shall be without prejudice to any other rights of Paradise, including but not limited to the right to claim damages and to terminate the Subscription in accordance with Article 17 of these General Terms and Conditions.
8. Repair/Switching
   1. Switching shall only be permitted in case of damage, defects, loss or theft of the E-bike. If the E-bike is stolen or lost, the Member is only entitled to a Switch if the Member is not responsible for the theft or loss
   2. Switching includes: a. repair of defects or damage to the E-bike arising during the Subscription Period which result from fair wear and tear and normal use of the E-bike or; b. if necessary, exchange of the E-bike for a replacement E-bike of a similar type, in each case, provided that the Member has complied with the terms of the Subscription and these General Terms and Conditions.
   3. Paradise shall perform Switching on-site (at a location requested by the Member) or in a Paradise store in the Service Area in which the Member has taken out a Subscription. When the Member uses the E-bike outside the Service Area, Switching will only be performed in a Paradise store within the Service Area.
   4. The costs for Switching are covered by payment of the Subscription Price. During the Subscription Period and subject to Article 8.6, the Member may request an unlimited number of Switching without incurring any additional charges. However, Paradise may refuse a Switching until such time as the Member has paid any outstanding Subscription Price or other Charges to Paradise.
   5. Paradise aims to Switch a E-bike within time mentioned on the Subscription after the Member has contacted Paradise by telephone, via email, WhatsApp or the Paradise application. Switching takes place by appointment with the Member. The Member cannot claim any compensation or payment if this target time is not achieved, and may be liable to pay a Charge if they miss an agreed Switching appointment, as set out in Appendix III-D.
   6. Paradise may refuse to Switch if it is for reasons other than those set out in this clause 8.
   7. When Paradise exchanges a E-bike, the Member will hand-in the E-bike to Paradise, including any other items including batteries and keys that were provided with the E-bike.
9. Duration of the Subscription
   1. In case of a monthly Subscription, the Subscription Period is one month from the date stated in the Order Process and automatically extends on a month-by-month basis, unless terminated in accordance with these General Terms and Conditions. Both Paradise and the Member may terminate a monthly Subscription at any time with a notice period of 7 days.
   2. In case of a Subscription with a minimum term (except monthly Subscription), the Subscription Period begins on the date stated in the Order Process and remains in effect for the minimum term agreed in the Order Process. Subject to the provisions of Article 17, early termination will not be possible and a Member may terminate the Subscription with a notice period of 15 days prior to the end of the minimum term. After the initial subscription term ends, the subscription will automatically renew under the same plan. If payment fails, the member may incur a fee if not resolved within 3 days of the due date.
   3. The provisions in this Article 9 are without prejudice to the provisions in Article 3.7.
10. End of the Subscription and Return of the Micro-Mobility Product
    1. When the termination of the Member’s Subscription takes effect, the Member shall (at the Member’s own cost and risk) before or at the latest on the End Date return the E-bike (including any other items, such as batteries, keys, accessories and chargers, that were provided with the E-bike) to a Paradise store in the Member’s Service Area, or, if Paradise notifies the Member thereof, to one of Paradises’ partner companies. In case the E-bike needs to be picked up by Paradise at a location requested by the Member, Paradise will be entitled to charge a Charge as set out in Appendix III-D. All rights of the Member under the Subscription will end from the moment the Member hands in the E-bike to Paradise or the E-bike is picked up by Paradise, without prejudice to the Member’s obligation to pay the full Subscription Price until the End Date.
    2. Prior to returning the E-bike in accordance with Article 10.1, the Member may cancel its termination free of charge by sending an email to Paradise or request through the user portal. The cancellation notification must be received by Paradise no later than on the day preceding the End Date. A Subscription cannot be reactivated free of charge after return of the E-bike to Paradise.
    3. If the Subscription is (i) terminated by the Member taking into account the notice period of 15 days and the Member has not returned the E-bike to Paradise on or before the End Date or (ii) terminated with immediate effect by a Member and the Member has not returned the E-bike to Paradise within 3 days from the End Date, the termination will be considered to be cancelled and the Subscription will continue to be effective until the moment that the Subscription is terminated in accordance with these General Terms and Conditions.
    4. If the Subscription is terminated by Paradise and the E-bike is not returned to Paradise within 7 days from the End Date, Paradise will consider this a theft by the Member. In that case, the Member will be obliged to compensate Paradise on a pro rata basis for the loss suffered in the amount equal to the Subscription Price for the relevant type of Subscription. Such Charge is without prejudice of the right of Paradise to request full compensation of the loss suffered by it to the extent that such loss exceeds the Charge set in Appendix III-E.
    5. Paradise may at any time during the Subscription Period terminate the Subscription with the Member with a notice period of one month in case (i) Paradise ceases delivery of the services in the Service Area, (ii) changes its product offering in the Service Area, or (iii) amends the Service Area of the Member. In such case, the Member shall return the E-bike in accordance with Article 10.1.
    6. The Member acknowledges that the E-bike may be owned by a leasing company. If the E-bike Product is owned by a leasing company, the Member will be obliged, on the leasing company’s demand, to either hand in the E-bike to the leasing company (subject to reimbursement for the remainder of the Subscription Period) or to be discharged from its obligations by paying the leasing company the future costs, as the leasing company may choose.
11. Theft or loss
    1. In order to prevent incidents such as loss, theft and damage, the E-bike must always be locked appropriately with the lock(s) made available by Paradise. Where possible, the E-bike must be secured to an object using the chain-lock. In addition, if the E-bike battery, the battery should be taken out and stored in a safe place when parked and must always be secured with the provided lock while riding. If the E-bike and/or battery is not locked or secured in accordance with Article 11.1 and an incident occurs (including vandalism, loss or theft), the Member will owe Paradise (in addition to the Charge referred to in Article 11.3) a negligence Charge for the applicable Subscription as specified in in Appendix III-F/G.
    2. In the event of the loss or theft of the E-bike and/or the battery, the Member is obliged to a) report the loss or theft to Paradise within 24 hours from the moment the Member became aware of it; and b) return the key of the E-bike to Paradise without undue delay (and at the latest at the Switching appointment (if any) which is scheduled to replace the stolen or lost E-bike); and c) assist Paradise in reporting the loss or theft to the police together with an employee of Paradise; and d) provide any relevant information regarding the loss or theft without undue delay upon Paradises’ request.
       Only if all relevant requirements in this Article 11.2 have been complied with will the Member receive a replacement E-bike from Paradise.
    3. In the event of the loss or theft of the E-bike and/or battery, the Member will owe Paradise a Charge for the applicable Subscription as specified in Appendix III-F/G: a) for such loss or theft (or, if certain parts of the E-bike are lost or stolen, Paradise will be entitled to charge this to the Member up to the amount of the relevant Charge); b) if the Member does not, or not in good time, report such loss or theft; and c) if the Member cannot hand over the key of the lost or stolen E-bike to Paradise.
    4. If it turns out that the Member has provided incorrect information or has made false statements, the Member shall be fully liable for this. Paradise will be entitled to claim any damages from the Member resulting therefrom and to charge an unfairness Charge as set out in Appendix III-H. This unfairness Charge will be charged in addition to the Charge referred to in Article 11.3 and any negligence Charge.
    5. Notwithstanding the surcharges and compensations referred to in this Article 11, Paradise reserves the right to claim from the Member compensation up to the amount of actual damages suffered by Paradise resulting from the theft or loss of (parts of) a E-bike and/or the battery.
    6. If the E-bike and/or the battery which has been notified to Paradise as lost or stolen are found again, Paradise may, at its discretion and subject to the technical and optical condition of the relevant E-bike and/or battery, reimburse the Member any Charges paid.
12. Damage and Accidents
    1. The Member shall report damage to (parts of) the E-bike and/or battery to Paradise within 24 hours of the accident occurring or of becoming aware of the damage, unless the Member is prevented from meeting this deadline due to exceptional circumstances as a result of which the Member was reasonably not capable of reporting such damage, for example in the event of a hospital stay after an accident. This applies regardless of the extent of the damage or accident and regardless of whether the Member has caused the damage or accident or not.
    2. In the event of damage of the E-bike (including any other items, such as batteries and chargers, that were provided with the E-bike) the Member will owe Paradise a Charge for such damage as specified in respect of the relevant Subscription in Appendix III-G/J/K or, if certain parts of the Paradise are damaged, Paradise will be entitled to charge this to the Member up to the amount of the relevant Charge.
    3. Paradise reserves the right to claim from the Member compensation Paradise for any losses arising as a result of a failure by the Member to notify Paradise about damages or accidents or failure to notify within the aforesaid timeframe. This includes all additional expenses incurred by Paradise 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.
    4. In the event of damage and wear and tear to the E-bike other than what may be expected from normal use (such at the discretion of Paradise), or if the Member has caused the accident, Paradise reserves the right to claim from the Member up to the amount of actual damages suffered by Paradise.
    5. If there is any damage caused by the contributory fault or fault of a third party, the Member will be obliged to submit within 24 hours from the moment the Member became aware of the damage, or from the moment of the accident to Paradise, the contact details of this third party as well as a sketch of the scene that has been agreed by both parties. An accident report form is available on the Website (Hyperlink). Paradise reserves the right to charge the Member for all costs and damages arising as a result of a failure by the Member to provide the contact details of the third party or to submit the accident report.
    6. In case of an accident with the E-bike, the Member must not accept any liability to a third party (e.g. by acknowledgement of a liability or by giving a comparable statement) without Paradises’ prior consent. Otherwise, the Member alone will bear the consequences of such (accepted) liability and the Member shall indemnify Paradise  from any third party claims in connection with such acceptance of liability. The Member is not permitted to accept any liability on Paradises’ behalf or on behalf of Paradises’ insurer.
13. Accessories
    1. Member may add-on an Accessory Subscription to the E-bike Subscription, provided the relevant Accessory is available in the Service Area in which the Member has subscribed. The Accessory Subscription is a separate subscription and may be terminated independently of the E-bike subscription.
    2. Unless this Article 13 specifically provides otherwise, the provisions set out in these General Terms and Conditions apply mutatis mutandis to the Accessory Subscription, so that where “E-bike” is used in the relevant provisions, this should instead be understood as “Accessory”.
    3. In case of any conflicts between the provisions of these General Terms and Conditions and the provisions of this Article 13, the provisions of this Article 13 shall prevail.
    4. Article 11 of these General Terms and Conditions does not apply in respect of Accessories. In the event of the loss or theft of the Accessory, the Member will be obliged to report this to Paradise within 24 hours of becoming aware of the loss or theft, unless the Member is prevented from meeting this deadline due to exceptional circumstances as a result of which the Member was reasonably not capable of reporting such damage, for example in the event of a hospital stay after an accident. In the event of theft or loss of the Accessory, the Member will owe to Paradise the Charge as set out in Appendix I.
    5. The use of the child seat is limited to children up to the age and weight as stated in Appendix I. The child must be properly strapped in using the belts provided for this purpose. The Member shall comply with all manufacturer’s instructions regarding the installation and use of the child seat.
14. Payments
    1. When taking out a Subscription, the Member will be required to provide a direct debit mandate to have the monthly Subscription Price and other costs owed debited to the relevant bank account number, credit card or other payment method.
    2. In the event that additional costs are charged, such as the Charges set out in these General Terms and Conditions, Paradise will be entitled to first require payment thereof before providing a new E-bike to the Member.
    3. If the Subscription Price, Charges or other costs cannot be debited or are wrongly reversed, the Member will be in default by operation of law. In that case, the Member will receive a demand to pay any amounts due within 7 days. Paradise may engage a collection agency if the amounts due have not been paid within the period of 7 days. All additional administrative costs and extrajudicial collection costs will be payable by the Member. In addition, Paradise may trace the location of the E-bike, including by using a Connectivity Device or during a Sifting, and seize the E-bike and Accessories in respect of which the Member is in payment default.
15. Liability
    1. Paradise will not be liable for any damages or harm (including any fines or other monetary sanctions imposed on) suffered by the Member as a result of using the E-bike, save in the case of wilful misconduct, deliberate recklessness or gross negligence on part of Paradise or for damages that cannot be excluded on grounds of mandatory statutory provisions.
    2. Nothing in this agreement excludes Paradises’ liability for death or personal injury caused by our negligence.
    3. The Member will be personally liable for compliance with these General Terms and Conditions.
    4. The Member indemnifies Paradise on first written demand for any fines or other monetary sanctions imposed on Paradise as a result of the Member’s use of the E-bike.
    5. The Member indemnifies Paradise and holds harmless Paradise on first written demand from any and all fees, fines, penalties or other monetary sanctions imposed on Paradise by third parties, including by public traffic authorities, or losses incurred by or awarded against Paradise as a result of breach by the Member of its obligations under the Subscription or these General Terms and Conditions. In this context, Paradise may cooperate with and provide requested information to any authorised administrative or judicial authority or, more generally, any third party authorised in accordance with the applicable laws. For the sake of expediency, Paradise may pay amounts owed by the Member on the Member’s behalf and the Member shall reimburse Paradise for such sums. Without prejudice to compensation for any other further damages, for the administrative handling of such incidents Paradise reserves the right to charge the Member a fee per incident in the amount set out in Appendix III-C. By accepting these General Terms and Conditions, the Member agrees that Paradise may debit these amounts from the Member’s payment method as provided in Article 14.1 and that Paradise may contact the Member directly to obtain additional information.
16. Amendments
    1. Paradise reserves the right to make reasonable changes to the Subscription Price in the event that Paradises’ costs change as a result of changes in applicable laws and regulations, or for annual price indexations based on the (CPI, Consumer Price Index). Any such changes will be communicated to the Member via email at least one month before the effective date. The Member will not be permitted to terminate or rescind the Subscription due to a price change unless the Member is a consumer in which case the Member may terminate the Subscription by written notice with effect from the effective date of the price change.
    2. Paradise has the right to unilaterally amend the Subscription (which includes these General Terms and Conditions, the Subscription Price and the information on the Website) due to changes in Paradises’ product portfolio and/or services, technical, commercial or legal changes or changing market circumstances. Changes in these General Terms and Conditions will be communicated at least one month before the effective date by means of an announcement on the website and an email to the Member. If the Member is a consumer, they will have the right to terminate the Subscription as of the date on which the amended terms and conditions come into effect.
    3. The Member may change the Subscription into another Subscription (of the same or a longer duration) free of charge, in which case Paradise will make an appointment and arrange the exchange of the E-bike if required for that of the new Subscription.
    4. A change of Service Area is permitted only with Paradises’ express consent and shall become effective after written confirmation by Paradise of the requested change.
17. Termination
    1. Paradise will be entitled to rescind or terminate, either wholly or partially, the Subscription with immediate effect by means of a written notice to the Member in the event of theft of the E-bike, or if the Member:
       1. fails to fulfil its obligations under the Subscription or these General Terms and Conditions, including by failure to pay the Subscription Price, Charges or other outstanding amounts under the Subscription or these General Terms and Conditions in due time
       2. uses the E-bike contrary to the provisions in these General Terms and Conditions;
       3. applies for a provisional or definitive suspension of payments or is granted a provisional or definitive suspension of payments;
       4. is declared bankrupt or if a petition to enter into bankruptcy or liquidation or a winding up petition is filed in respect of the Member;
       5. is placed under guardianship or is allowed to participate in the debt restructuring scheme for natural persons;
       6. is negatively affected in the fulfilment of its obligations under the Subscription due to an attachment on the E-bike, an Accessory or other goods of the Member;
       7. in the opinion of Paradise, abuses the service offered by Paradise;
       8. or deliberately provides incorrect information to Paradise.
    2. In case of termination based on Article 17.1, Paradise may locate the E-bike (including by using a Connectivity Device or during a Sifting) and confiscate it immediately.
    3. Both Paradise and the Member may terminate a monthly Subscription at any time with a notice period of 7 days.
    4. The Member has the right to immediately terminate the Subscription if Paradise has repeatedly or seriously failed to fulfil its obligations described in the Subscription or these General Terms and Conditions. If the Member is a consumer, the foregoing does not affect the right of withdrawal of that Member.
18. Miscellaneous
    1. The Member shall be deemed to have accepted without reservation all the provisions of these General Terms and Conditions
    2. Paradise may provide the Member’s details to any public authorities upon a request and shall provide such information to the relevant authorities subject to and in accordance with applicable laws.
    3. Paradise will at all times be entitled to transfer its claims against the Member, of any nature whatsoever, to third parties.
    4. Every notice of termination or rescission must be given in written form. Where a notice or other communication under these General Terms and Conditions shall be given in written form, email shall be sufficient.
    5. The terms of the relevant Subscription shall prevail in case of conflict between the terms of a Subscription and the terms of these General Terms and Conditions.
    6. In the event that a provision of these General Terms and Conditions is or becomes wholly or partially void, invalid, impracticable or unenforceable, the validity and the enforceability of the remaining provisions of these General Terms and Conditions shall not be affected. In those circumstances, Paradise and the Member shall agree a provision to replace the defective provision which comes as close as possible to what Paradise and the Member would have agreed if Paradise had realised that the provision was defective, taking into account the spirit and purpose of these General Terms and Conditions and applicable laws. The same applies in respect of any omissions or gaps in the provisions of these General Terms and Conditions.
19. Applicable law and Disputes
    1. Indian law applies exclusively to the Subscription and these General Terms and Conditions.
    2. All disputes arising from or connected with the Subscription and the General Terms and Conditions will only be submitted to the competent courts of Chennai, except insofar as another court is competent pursuant to any mandatory provision.