Contact Information: Email: email@example.com
Effective Date: 01 January 2020
Address: Spearhead business park, Capetown 7086
Delaware is 651 N Broad St, Suite 206, in the city of Middletown, zip code 19709, and county of New Castle
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR THE USE OF THE SERVICES (DEFINED BELOW). BEFORE ACCEPTANCE, PLEASE READ EACH PROVISION OF IT CAREFULLY. THE USE OF THE SERVICES DEPENDS ON THE PREVIOUS ACCEPTANCE OF THIS AGREEMENT.
- RENTAL AND GENERAL USE OF VEHICLE
- PROPER USE OF THE VEHICLES
- PAYMENT AND FEES
- SAFETY RULES
- TERMS APPLICABLE TO THE SERVICES
- LIABILITY; ASSUMPTION OF RISK BY USER
- ACCEPTANCE OF THE AGREEMENT
1. RENTAL AND GENERAL USE OF VEHICLE
1.1 Scope. Electric Life Rides shall lease to the User the hive electric scooters (“E-Scooters”, “Vehicle” or “Vehicles), in accordance with the terms and conditions contained herein and upon payment of the relevant fee, as described below.
1.2 User is the sole user. hive and the User are the only parties to this Agreement. The User is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. User understands that, when activating a Vehicle, the Vehicle must be only used by the User. User must not allow others to use a Vehicle that he/she has activated.
1.3 User is at least 18 Years old. User represents and certifies that he/she is at least 18 years old. Persons below the age of 18 are expressly prohibited from using the Vehicle.
1.4 User is a competent and fit operator. User represents and certifies that he/she has been informed of our Tutorial, that he/she is familiar with the operation and/or functioning of the Vehicle and that he/she is competent and physically fit to use the Vehicle. By choosing to ride a Vehicle, User assumes all responsibilities and risks for any injuries, limitations and/or medical conditions, as detailed further below. User is responsible for determining his/her general ability, medical conditions and weather conditions, including if rain, snow, hail, ice or electrical storms, and/or any other conditions, whatever may be the cause, make it dangerous to operate a Vehicle. User is strongly advised to adjust his/her riding behaviour, speed and braking distance to suit all conditions and variables, including the weather, visibility, surrounding environment, and traffic conditions.
2. PROPER USE OF THE VEHICLES
2.1 Vehicles are the exclusive property of Electric Life Rides. User agrees that the Services, the Vehicles, and any Electric Life Rides equipment attached thereto, at all times, remain the exclusive property of Electric Life Rides.
2.2 The User shall not dismantle, write on, draw or paint, or otherwise modify, repair or deface any Vehicle, or any part of any Vehicle, or any other Electric Life Rides equipment in any way. User must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. User must not use any Vehicles for any advertising or commercial purpose. The User shall not tamper with, attempt to gain unauthorised access to, or otherwise use any Services in a manner that does not comply with this Agreement.
2.3 User is responsible for vehicle damage; Vandalism. User agrees to return any Vehicle to Electric Life Rides in the same condition in which such Vehicle was rented. User agrees that he/she will be responsible for the cost of repairing and/or replacing any Vehicle that User damages and/or causes damage to. User will not be responsible for normal wear and tear of the Vehicles. If User vandalises any Vehicle, he/she shall be liable for a processing fee of € 25 for each E-Scooter, in Electric Life Rides sole and absolute discretion, in addition to any repair, compensation and replacement costs or other damages caused to Electric Life Rides.
2.4 Vehicles may only be used and/or operated in allowed areas. User agrees to only use and/or operate the Vehicles in areas where the Vehicles are allowed under the relevant legislation and only in the zones approved by Electric Life Rides, which (both) are designated to the User via the App. User agrees that he/she will not use and/or park any Vehicles in any areas restricted by law (such as cities, roads or areas that prohibit Vehicles) or in any areas not designated by Electric Life Rides, and User assumes all responsibility and liability for any operation of any Vehicle in any restricted area, including any fines or fees as a result of User’s use of any of the Vehicles in any restricted areas. User authorises and instructs Electric Life Rides to deduct from his card any amounts for which Electric Life Rides is charged owing to fines unpaid by the User. Should it be proved that the fine has not been validly imposed or that Electric Life Rides is not burdened with it, then Electric Life Rides shall reimburse the User without delay. The User shall not park or place any Vehicle in a manner that prevents hive from accessing it or in any areas, where parking is prohibited in accordance with the applicable legislation. In case of violation of this section, Electric Life Rides reserves the right and may at its sole discretion charge the User the amount corresponding to the damage caused to Electric Life Rides due to its inability to access the Vehicle and to re-rent it to other Users, up to a maximum of €25. If a hotspot is available, the User shall not park the Vehicle outside any Hotspot, and in any case the User shall not park the Vehicle on unauthorised private property, or in any other unapproved public or non-public space, according to the relevant legislation. User must park the Vehicle in an upright position using the kickstand. The User may not park the Vehicle in such a way as to obstruct the public road, or the walking on pavements, or access to baby carriages and wheelchairs or to hinder traffic.
2.5 User must follow and comply with the laws regarding use and/or operation of the Vehicles. User agrees to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the Vehicles, including those pertaining to the Vehicles in the areas where User is operating the Vehicles, including, without limitation, helmet laws. User also agrees to act with courtesy and respect towards others while using Electric Life Rides Services..
2.6 Prohibited acts. User expressly agrees and certifies that User will not:
2.6.1 Operate the Vehicle while carrying a briefcase, backpack, bag, package or other item that can alter balance or impair safe operation of the Vehicle.
2.6.2 Use any cellular telephone, text messaging device, portable music player, and/or any other device that may distract the User from safely operating the Vehicle.
2.6.3 Operate the Vehicle while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair Your ability to safely operate a Vehicle.
2.6.4 Carry a second person, a child, or an animal, on a Vehicle.
2.6.5 Use locking mechanisms other than those provided by Electric Life Rides. You may not add another lock to the Vehicle or lock a Vehicle to anything.
2.7 Vehicles are intended for only limited types of use. User agrees not to use the Vehicle for racing, mountain riding, stunt, or trick riding. User agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. User agrees that he/she will not use the Vehicles for hire or reward, nor use any Vehicle in violation of any laws, rules, regulations, and/or ordinances.
2.8 Weight and cargo limits. User must not exceed the maximum weight limit for any Vehicles (100 kilograms) or the cargo carrier/basket on any Vehicles (7 kilograms), and must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment. User acknowledges that the front carrier/basket and/or back basket of the Vehicle is intended for light goods only, and that User will not carry people or animals anywhere on the Vehicle.
2.9 Reporting of damage or crashes. User must report to Electric Life Rides any accident, crash, damage, personal injury, stolen or lost Vehicle as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, User shall file a report with the local police department within 24 hours.
2.10 Availability and usage of Vehicles. Vehicles are electric and require periodic charging of batteries in order to operate. User agrees to use and operate Vehicles safely and prudently and comply with all restrictions and requirements associated with Vehicles, as set forth in any and all applicable laws, rules, regulations, ordinances and/or guidelines received by Electric Life Rides through this agreement and /or through the Electric Life Rides App and through any other medium. Electric Life Rides shall not bear any liability for any damages sustained by the User or by a third party due to the level of charging power or the rate of loss of the charging power in the Vehicle. User understands and agrees also to the following:
2.10.1 The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and as the level of charge power decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety). Electric Life Rides does not guarantee the distance and/or time and/or efficiency that You may operate any Vehicle before it loses charging power completely. The Vehicle may run out of charging power and cease to operate at any time during User’s rental of the Vehicle, including before reaching User’s desired destination.
2.10.2 The level of charging power in the Vehicle at the time User initiates the rental or operation of Vehicle is not guaranteed and will vary with each rental use.
2.10.3 The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions and/or other factors.
2.10.4 Before using any Vehicle, it is User’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate for the ride before initiating operation of the Vehicle. Also, before using any Vehicle shall check whether the level of charge power remaining in the Vehicle is sufficient to execute the intended trip and shall refrain from using the Vehicle if it is not sufficient. Electric Life Rides shall not incur any liability for any damages sustained by the User or by any third party, which could have been avoided had the User conducted the above inspection.
3. PAYMENT AND FEES
3.1 Fees; Modifications of prices or terms of payment. User may use the Vehicles on a pay per ride basis or as otherwise in accordance with the pricing described in the Electric Life Rides App or on the website. By registering and creating an account in order to benefit from the Services, the User may choose the method of payment according to the instructions that will appear on the screen. Electric Life Rides reserves the right at any time to change the methods of payment for the services, subject to the right of cancellation provided in section 5.3. Electric Life Rides will send a confirmation of the registration to the User by email. Please be aware that when We process Your credit or debit card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your card company if You have questions. The User shall verify and correct any errors in payment until such time as he submits each payment to Electric Life Rides, clicking on “pay” or otherwise agreeing with the obligation to pay for the Vehicles or to subscribe for them. To all associated costs, VAT is applicable. Electric Life Rides will charge Your credit card or debit card or other agreed payment methods the amount of the fees as described in this Agreement. Upon payment, the User will receive confirmation of the order by e-mail sent by Electric Life Rides as soon as the agreement between the User and Electric Life Rides is entered into.
3.2 Payment of usage. By confirming a payment after a ride, the User agrees to pay the fee charged for the respective trip. The fees for using Electric Life Rides services can be found in the Electric Life Rides App and on the website. Electric Life Rides reserves the right to change, at any time, the amount of the pay per ride, publicising the new pricing of services in Electric Life Rides App and on the website.The change shall not affect any already commenced rentals for the maximum rental time.
3.3 Promo codes. Promo codes (“Discounts”) are one-time offers and can only be redeemed via the Electric Life Rides App. Electric Life Rides reserves the right to modify or cancel Discounts at any time, by prior information to the User. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
3.4 Maximum rental time and charges. Maximum rental time is 24 hours. User agrees that User will deactivate the Vehicle rental within 24 hours of time that rental of the Vehicle began. User may then rent a different Vehicle. User agrees that he/she is solely responsible for being aware of any elapsed time related to timely locking any Vehicle. The maximum rental charge is €25 per each E-Scooter, all based on a 24-hour period. After return of the Vehicle, User will be charged with the accumulated rental charges, or the maximum 24-hour charge; whichever is less. Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and You may be charged up to €25 for each E-Scooter, in addition to any compensation and replacement costs or other damages caused to Electric Life Rides and a police report may be filed. We may also charge a service fee of €25, for rentals in excess of 24 hours where the Vehicle is not considered lost or stolen, which is considered and agreed as a sum fair and reasonable in view of the cost of the Service, the value of the Vehicle and the overall circumstances of this Agreement and its implementation.
3.5 Valid credit card or debit card. To be registered to use Electric Life Rides Services, User must provide Electric Life Rides a valid credit or debit card number and expiration date. User represents and warrants to Electric Life Rides that User is authorised to use any cards that User furnishes to Electric Life Rides. User authorises Electric Life Rides to charge the card for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which shall be charged and collected by Electric Life Rides. If User disputes any charge on his/her card account, then User must contact Electric Life Rides within 30 business days from the disputed charge and provide to Electric Life Rides all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. If there has been improper or fraudulent use of the card, the User will be refunded by its bank of the amounts debited. User agrees to immediately inform Electric Life Rides of all changes related to the card.
3.6 Pick up fees. If User is unable to return any Vehicle to a Hotspot, in case there are any, (i.e., User deactivates a Vehicle on private property, or on a restricted area, and/or any other unreachable area), and requests that the Vehicle be picked up by Electric Life Rides, then We, in Our sole and absolute discretion, may charge User a pick-up fee up to 25€.
4. SAFETY RULES
4.1. Safety Check. Before using any Vehicle, User shall conduct a basic safety inspection of the Vehicle, which includes the verification of the following aspects: (i) calibration of the wheels; (ii) safe operation of all brakes and lights; (iii) any sign of damage, unusual or excessive wear; and (iv) other mechanical problems or maintenance need. User agrees not to ride the Vehicle, if there are any noticeable issues or defects, or other potentially unsafe conditions prior to riding the Vehicle and, if User is already riding the Vehicle, during the ride or after riding any Vehicle, discovers any defect or notices any other potentially unsafe condition on any Vehicle, no matter how slight, he/she must not use the Vehicle, he/she must cease riding if and when riding is unsafe. User agrees to immediately notify hive Customer Service of any detected problems. Electric Life Rides shall not be liable for any damages sustained by the User or by any third party, which could have been avoided had the User conducted the above basic safety inspection.
4.2 Lost or stolen Vehicles. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 48 consecutive hours, (b) the Vehicle’s GPS unit is disabled, (c) the Vehicle is parked on unauthorised private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, or (d) other facts and circumstances that suggest to Electric Life Rides in its reasonable, good faith determination that a Vehicle has been lost or stolen. User agrees and acknowledges that the last User of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to hive in its reasonable, good faith determination. If hive deems a Vehicle lost or stolen, hive may request the competent authorities to take any and all actions it deems appropriate (with respect to the last User of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. User agrees the data generated by Electric Life Rides computer is conclusive evidence of the period of use of a Vehicle by the User, unless User is able to provide other evidence to the contrary. User agrees to report Vehicle disappearance or theft to hive immediately or as soon as possible.
4.3 Helmets; Safety. User accepts and acknowledges that he/she must wear a protective helmet and/or related equipment at all times while riding a Vehicle, whether required by law or not. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Vehicle is operated, User assumes full responsibility for complying with such laws and regulations at all times. User must wear a CE mark approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Electric Life Rides does not make any warranties, representations or promises about the quality, safety or characteristics of any helmet. If User does not strictly comply with the aforementioned requirements, he/she shall be fully liable for any and all consequences, claims, demands, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or settlements of any nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, sustained by the User, Electric Life Rides or by any third party and User shall indemnify and hold harmless hive for the same.
4.4. Routes. User agrees that Electric Life Rides does not provide or maintain places to ride the Vehicles, and that Electric Life Rides does not guarantee that there will always be a safe place to ride any particular Vehicle. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards or circumstances outside of Electric Life Rides control. Electric Life Rides shall not be liable for any damage sustained by the User or by any third party due to the User driving of a Vehicle as a result of the foregoing, without limitation. User is solely responsible for choosing a responsible and safe route. User must obey all laws at all times in choosing a route, and it is User sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which User are using Electric Life Rides Services and/or Vehicles.
4.5. Vehicle Availability and Limitations on rental. User agrees that Electric Life Rides is not a transportation provider. Alternative means of public and private transportation are available to the general public and to User individually. Electric Life Rides provides the Services and Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate the Vehicles on their own and who have agreed to all terms and conditions of this Agreement. User agrees and acknowledges that the Vehicles are not always available. Vehicles must be rented within the maximum rental time limits as defined above (Section 3.4).
4.6. Limitation on the availability and Suspension of Services.hive makes every effort to provide the Services 365 days per year, but We do not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Electric Life Rides from providing the Services. Access to the Services is also conditioned on the availability of Vehicles. Electric Life Rides does not represent or warrant the availability of any Services or the availability of any Vehicles at any time. The Services identified on the Electric Life Rides App may not always be available at the location where the User is located, and may be replaced or interrupted at any time. User agrees that hive may require User to return a Vehicle at any time. hive may, on a regular basis, with or without prior notice, temporarily suspend the operation of any Service (wholly or in part) for repair or maintenance work or to update or improve any of the components, features or functionality of the Services.
5. TERMS APPLICABLE TO THE SERVICES
5.1. Generally. To purchase access and use of the Services, User must be at least eighteen (18) years of age. Prior to the access and/or rental of any Vehicles or Services, User must provide us with a valid credit or debit card number and associated payment information including all of the following: (i) The User’s name as it appears on the card, (ii) the card number, (iii) the card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge the card. By submitting that information to Us or Our third party credit card processor, User agrees that User authorises us and/or our processor to charge his/her card at Our convenience but within thirty (30) days of card authorisation. For any Vehicle that User orders, User agrees to pay the price as established in the Electric Life Rides App or on the Electric Life Rides website, as of the time User submits the order. Electric Life Rides will bill Your card the applicable price. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations as defined in the Electric Life Rides App or on the website.
5.2. Term of the Agreement. The Agreement will commence as of the date Your registration for the Services is received and has been confirmed by Electric Life Rides. The Agreement will have an unlimited duration.
5.3 Termination by User. User has the right to cancel the Agreement at any time upon notice to Hive. To terminate his/her Agreement, User must open the Electric Life Rides App and click the tab “Manage,” then click “Cancel Account.” If User terminates the Agreement: (i) all rights granted to the User will cease immediately; (ii) the User shall discontinue any use of the respective Services and / or Vehicles; and (iii) the User must pay hive all amounts that are due and unpaid. Upon cancellation, User will lose access to the Services.
5.4 Termination by Electric Life Rides. Electric Life Rides will have the right, upon written notice (the term “written” here and in the following includes e-mail) to You, to terminate this Agreement, and/or suspend Your access to its Services, if: (a) You fail to pay Electric Life Rides any amount due under this Agreement and/or (b) You breach any term or condition of this Agreement. In such case, Electric Life Rides retains the right to claim compensation for damages sustained due to the failure of the User to pay any amount due or due to the breach by the User of any term or condition of this Agreement. Electric Life Rides shall have the right to terminate this Agreement and suspend Your access to the Services with or without cause, upon thirty (30) days written notice to You in which case You will no longer have access to the Services. Upon the expiration or termination of this Agreement for any reason, Your access to, and use of, Our Services will terminate.
5.5 Free trials; promotional offerings. We may offer promotional trials to access the Services for free for a limited time or at special discounted prices. If You sign up for a trial, Your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms.
5.6 End of free trial. Once Your free trial ends, the Agreement will continue on the regular terms, i.e. no preferential terms shall apply to the Agreement.
5.7 Account registration and security. User understands that he/she will need to create an account to have access to the Services. User will: (a) provide true, accurate, current and complete information as prompted by the Services’ registration page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or Electric Life Rides has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Electric Life Rides has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). User is entirely responsible for the security and confidentiality of his/her password and account. Furthermore, User is entirely responsible for any and all activities that occur under his/her account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorised use of Your account or any other breach of security of which You become aware. User is responsible for taking precautions and providing security measures best suited for his/her situation and intended use of the Services. We have the right to provide Your billing, account, content or use records, and related information under certain circumstances to third parties (such as in response to legal responsibility, litigation, orders, subpoenas, or warrants, or to protect Our rights, customers or business, or in some cases, as a result of mandatory data sharing with governments).
6.1 Access license. Subject to User’s strict compliance with this Agreement and the Additional Terms, Electric Life Rides grants User a limited, revocable, non-exclusive, non-assignable, non-transferable license to download and use the Electric Life Rides App on a personal computer, mobile phone or other wireless Device, or other Internet enabled Device (each, a “Device”) for User’s personal, non-commercial use of the Services only. This license does not include any resale or commercial use of the Services or its contents, any collection and use of any Vehicle listings, descriptions, or prices, any derivative use of the Services or their contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Electric Life Rides express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by Us to You. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content (as defined under Section 5.2. below), and (ii) may be immediately suspended or terminated for any reason, in Electric Life Rides sole and absolute discretion, and without liability.
6.2 Copyright and ownership. All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), and all software provided through the Services, is owned by Electric Life Rides, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, and in particular the software, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license or create derivative works from the Services or transfer or sell any information or work contained on the Services. Except as authorised under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content, the Electric Life Rides software and all related rights shall remain the exclusive property of Electric Life Rides or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services. The Services, its Content and all related rights shall remain the exclusive property of Electric Life Rides or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
6.3 Trademarks. All trademarks, service marks and trade names of Electric Life Rides used (including but not limited to: Electric Life Rides name, Electric Life Rides corporate logo, the Services name, the Services design, and/or any logos) (collectively “Marks”) are trademarks or registered or filed trademarks of Electric Life Rides or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify hive trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Electric Life Rides prior written consent. You shall not use Electric Life Rides name or any language, pictures or symbols which could, in Electric Life Rides judgment, imply hive’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without Electric Life Rides prior written consent.
6.4 Solicited submission policy. Where Electric Life Rides has specifically invited or requested submissions or comments, Electric Life Rides encourages You to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to Electric Life Rides (“User Submissions”). User Submissions remain the intellectual property of the individual User. By posting content on our Site, You expressly grant Electric Life Rides a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Electric Life Rides shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
6.5 Inappropriate User submissions. Electric Life Rides does not encourage, and does not seek, User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that You have not and will not engage in any of the foregoing activities in connection with producing Your User Submission. Without limiting the foregoing, You agree that in conjunction with Your submission, You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. hive will reject any User Submissions in which Electric Life Rides believes, in its sole and absolute discretion that any such activities have occurred. If notified by You of a submission that allegedly violates any provision of this Agreement, hive reserves the right to determine, in its sole and absolute discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.
6.6 Inappropriate material.You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offence or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole and absolute discretion, that You have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, banning You from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
6.7 Access and interference. You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Electric Life Rides Website or any activities conducted on the Services; or (iii) bypass any measures We may use to prevent or restrict access to the Services.
6.9 User published content. User published content and User Submissions do not represent the views of Electric Life Rides or any individual associated with Electric Life Rides, and We do not control this content. In no event shall You represent or suggest, directly or indirectly, Electric Life Rides endorsement of user published content. Electric Life Rides does not vouch for the accuracy or credibility of any user published content on its Services or User Submissions published through its Services, and does not take any responsibility or assume any liability for any actions by the User concerning User published content or User Submissions. Through Your use of the Services, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive.
6.10 Third party links. From time to time, the Electric Life Rides App and/or the Electric Life Rides website may contain links too websites that are not owned, operated or controlled by Electric Life Rides or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Electric Life Rides App and/or the Electric Life Rides website. Neither We nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither We nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Services, You do so entirely at Your own risk. No liability will be incurred for third- party contents and links to third-party websites on hive’s website or in the Electric Life Rides App.
6.11 Declarations on User Submissions. User represents and warrants that your Submissions and all such related elements are (a) solely and exclusively owned and controlled by You, that You have prior written permission by the rightful owner of the content included in your User Submissions or that the User is, by any other means, entitled to grant Electric Life Rides all rights inherent to it; and (b) Electric Life Rides use of User Submissions as provided herein shall not infringe any copyright, trademark, publicity or other rights of any other person or entity, shall not violate any law, regulation or right of any nature, or that in any way give rise to claims or liability, including, without limitation, rights of publicity and privacy, and defamation. In addition to these, the User will be exclusively responsible for its own User content, as well as for the respective consequences of the sharing or publication thereof.
6.12 Law and applicable jurisdiction. This Agreement shall be governed by European Law. The User expresses his consent to the use of the Courts of Athens for any dispute related to the interpretation, modification or application of this Agreement.
6.13 Settlement of disputes.Any disputes resulting or arising from this Agreement may be the object of an amicable resolution through mediation with the platform for online resolution of disputes. In order to submit a dispute to the consumer mediator, you may complete the online dispute settlement form provided under https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN Whatever medium is used to request mediation, the application must include the following elements for quick processing: your postal, electronic and telephone contacts, a summary of the facts and the proof of the previous steps taken.
6.14 Update of Terms. As hive Services evolve, the terms and conditions under which hive offers its Services may be changed. Electric Life Rides undertakes to communicate, whenever possible, any significant changes.In such case, the User has the option to accept or cancel the Agreement without penalty, by notifying Electric Life Rides that he/she wishes to cancel its account within six (6) weeks of being notified of the changes. If You do not cancel the Agreement within this term, You shall be deemed to have accepted the changes.
6.16 Contacts. If you have any questions or comments about this Agreement or the Services, Electric Life Rides invites you to contact us via the following email firstname.lastname@example.org
7. LIABILITY; ASSUMPTION OF RISK BY USER
7.1 Generally. Nothing in this Agreement shall exclude or limit Electric Life Rides liability towards the User for: (a) damages resulting from Electric Life Rides intent or serious fault (gross negligence); (b) fraud or fraudulent misrepresentation of Electric Life Rides employees or agents.
7.2 Force Majeure. Neither Electric Life Rides nor the User shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.
7.3 Liability. If the User incurs damages through the use of the Electric Life Rides App, including but not limited to incorrect or incomplete information, delays in sending information, or unavailability/malfunctioning of the Electric Life Rides App, Electric Life Rides will be liable only in case of intent and/or gross negligence, also taking into account any fault attributable to the User or to any third party. Electric Life Rides is not liable to User for the use of the Electric Life Rides Services, for (i) losses not caused by Electric Life Rides breach of this Agreement; and (ii) indirect losses which are a side effect of the main loss or damage and which are not causally connected to any eventual Electric Life Rides liability.
7.3.1 Electric Life Rides shall attempt to ensure that any information sent by it is correct and complete and that it reaches the User in time. However, Electric Life Rides will incur no liability if the above are not achieved for reasons that are not caused by its intent or gross negligence..
7.3.2 For slight (simple) negligence, Electric Life Rides shall be liable only for damages sustained by the User resulting from the violation of an essential contractual obligation and only for typical, foreseeable damages. Essential contractual obligations are those through whose satisfaction the proper performance of the Agreement is possible in the first place and compliance with which the User is as a rule entitled to rely on.
7.3.3 Limitations of liability shall not apply where guarantees are assumed, or too claims under the applicable product liability laws, which the manufacturer shall be fully responsible for.
7.3.4 If the Electric Life Rides App or the sending of data impairs or damages the User’s hardware or software, Electric Life Rides will be liable only for damages caused to the User by intent or gross negligence of Electric Life Rides. Electric Life Rides will not be liable for loss of the User’s data since it is the latter’s responsibility to ensure that data is backed up.
7.3.5 Electric Life Rides does not promise that the Electric Life Rides Services will be available uninterruptedly and in a fully operating condition and shall not be liable for damages sustained due to an interruption of the Services and due to the Services not operating in full.
7.4 Assumption of risk by User. User accepts and is aware that his/her use of any of the Electric Life Rides Services, and related equipment involves obvious and not-so-obvious risks to him/herself and to third parties, dangers, and hazards that may result in injury or death to User or other persons, as well as damages to goods. User accepts and is aware that such risks, dangers, and hazards which may include the following, may not always be predicted or avoided:
▪ Vehicle or component malfunction;
▪ road and road conditions;
▪ weather conditions;
▪ failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to sections 1.5 and 1.6;
▪ commission of any of the prohibited acts listed in Section 2.6;
▪ failure to perform the required safety check pursuant to Section 4.1; and
▪ failure to wear a helmet where and with the conditions required by law.
The User shall be fully responsible for own damages and for damages caused to third parties due to the User’s liable use of the Services, and provided that such damages are not directly linked to a liable act or omission of hive or of the manufacturer of the equipment.
7.5 User is solely and fully responsible for the safe operation of Vehicle at all times. User agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury and damages. Subject to the rest of this Section 7, User assumes full and complete responsibility for damages sustained by the User or by a third party due to all related risks, dangers, and hazards, provided that such damages are not a result of Electric Life Rides intent or gross negligence.
7.6 Compensation. User will be required to compensate Electric Life Rides in full for any and all damages, whether direct or indirect, positive or negative, suffered by Electric Life Rides due to the negligent or intentional breach of this Agreement by the User, including but not limited to his/her misuse of the Electric Life Rides Services, including losses hive may suffer by virtue of someone else bringing a claim against Electric Life Rides in respect of such breach or misuse.
7.7 Notices and User Blocking. If User has violated the rules of use and safety of the Vehicles, causing risks to himself/herself and/or to others, hive may take the following actions, in its sole discretion, with or without notice: (i) notice to the User; (ii) immediate withdrawal of the right to use the Services or Vehicles, on a temporary or permanent basis; (iii) to institute legal proceedings against the User for reimbursement of all losses and damages caused by the violation; and / or (iv) disclosure of all relevant information, which hive deems appropriate, to the responsible authorities. The actions described below are merely exemplary and hive may take other measures deemed appropriate.
8. ACCEPTANCE OF THE AGREEMENT
I confirm that I have expressly read and agree to the terms and conditions of this Agreement, that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
I confirm that I am the User, I am 18 years old or older, I will wear a helmet CE where required by law, I will not ride a Vehicle with another occupant, I will obey all traffic laws, I will be responsible for my ride.
If You are reading this Agreement on smartphone or other device with a small screen, here is a partial list of some of the terms that Electric Life Rides wants to bring to Your attention.
- Electric Life Rides agrees to provide You with the Services, subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Euro, Dollars & Rands.
- User has to comply with all applicable laws and regulations (including, without limitation, those applicable to traffic, roads, pedestrians, bus tracks, charging, usage areas, electric vehicles, and safety, namely any helmet laws and any relevant obligatory protection), in order not to disturb the accessibility and safety of persons and goods, as well as that of persons with reduced mobility.
- The Electric Life Rides Services are provided on an “as is” and “as available” basis. hive does not make any representation or any promises in any way in respect of any of the hive Services, other than as included herein.
- User shall be solely responsible for conducting, parking and/or locking the Vehicles. Upon conclusion of Your ride, the Vehicle must be parked at a lawful Hotspot, in case there are any, or at any other legally authorised locations.
- User must promptly report to hive via the Electric Life Rides App, or via e-mail, any Vehicles parked or left in non-permitted places and any damaged or malfunctioning Vehicles.
- User is aware that commission of any of the prohibited acts and/or any failure to follow applicable laws regarding use and/or operation of the Vehicle may result in blocking the User’s access to the Services, or termination of the Agreement, as well as to the obligation of the User to compensate Electric Life Rides for any damages sustained by the latter.
- User is advised to consult our tutorial (“Tutorial”), through the Electric Life Rides App, to know how the Vehicle works, how it should be used and some of the risks involved. The User will be solely and exclusively responsible for complying with these recommendations.