RENTAL CONTRACT, TERMS AND CONDITIONS OF USE OF THE WEB SITE/APP/SERVICE HOPSCOOTER
This instrument allows to access and to know in a clear way, understandable and unambiguous, the terms and conditions of the use of the web site http://www.hopscooter.com (the “Site”), as well as the rights and obligations of the users for their use and for the service that gives HOP Platforms Inc. (“HOP” or the “Company”) and The Partner, through the application HOP for mobile devices (the “App”) and the leasing of electric sccoters. HOP and The Partner together here in after referred to as the “Service Providers”.
Backgound: (i) The Partner is the owner and operator of the scooters in Lucerne; (ii) HOP has developed the technology associated with the provision of the Service.
By the fact of having hired the service HOP, you (the “Customer”) understand and accept that the provision of the Service is governed by the service provision contract (the “Contract”), which is regulated by the following terms and conditions of use of the Site, those that are an integral partof the Contract.
The Company reserves the right to modify this instrument in any moment, including the charges for the Service, by publishing an updated version of it in the Site, notifying or not the modifications to the Customer in a personalized way. Every modification to these terms and conditions will come into force since its publication in the Site and will only be valid in the future, without having or considering a retroactive effect. The use of the Site and of the App by the Customer, will constitute acceptance of the modification and consent to be governed and to comply with the modified instrument.
According to the applicable legal provisions, copy of these terms and conditions, together with a fullcopy, clear and legible of the Contract, will besent to the Customer by e-mail or by any other mean that will guarantee their due and timely knowledge if he asks for it at email@example.com Notwithstanding the foregoing paragraphs, these terms and conditions will be available at the Site.
A. Description of the Services:
The service provided by the Service Providers(the “Service”) consists in renting vehicles with electric motors.
The Service includes: (i) HOP Platforms Inc. vehicles (that are of HOP’s exclusive property); (ii) the App that allows the users to find, reserve, unlock, rent, lock and return the vehicles, and (iii) The Site HOP Platforms will do everything possible to provide services 365 days in a year, but does not guarantee that the services will be available in any moment, due to force majeure events or fortuitous case or any other circumstances that could interrupt the provision ofthe services by HOP Platforms Inc. HOP does not represent, does not assure nor guarantee the availability of the Services.
Unless otherwise stated between HOP and the Customer, vehicles will be destined exclusively for personal use and not commercial. The breachof what is indicated in this paragraph will be considered a serious non-compliance of the Contract by the side of the Customer, under which HOP will be able to unilaterally put an end to the services and charge a fine of US $1.000.
The Customer understands that the vehicles andthe Services can only be used by him, however, aminor can use the vehicles but only fulfilling thefollowing requirements: (i) the minor must be atleast 16 years and must be accompanied in everymoment by an adult; (ii) the father, mother orlegal tutor of the minor must be a client; and (iii)the Customer accepts these Terms and Conditions and it is forced to supervise the use oft he vehicle while used by the minor. The Customer declares that he will be the only responsible during the execution of the Services.
The Customer declares that is an adult, fully capable according to Lucerne legislation and, therefore, will be complete and personally responsible of all the injuries, damages, losses, costs and expenses that arise due to the Services.
The Customer declares and guarantees that is familiar with using and driving the vehicles, that he is reasonably competent and physically fit touse the vehicles. By choosing to use and to drive the vehicles he assumes all obligations and risks for any kind of injure that he may suffer. HOP Platforms Inc. does not assume any obligation
The Service Providers do not recommend to use a vehicle carrying backpacks, briefcases, bags or any other thing that could affect your balance or could harm safety while using the vehicle. The Customer should not put heavy things on the handle of the vehicle such as backpacks or heavy bags.
The Customer should not bring a second person on the vehicle, not even a child.
The Customer should not jump with the vehicle and will diligently avoid holes and water pools of more than 10 cm in diameter.
The Customer accepts that will not use the vehicle in unpaved roads, over water (beyond the usual in urban areas), nor in any other area or forbidden location, being illicit or harming somebody else.
The Customer should not exceed the maximum limit weight for the vehicle, this is 110 kilograms.
It is forbidden for the Customer to use a vehicle if he has any physical or mental disease that could prohibit or prevent to use a vehicle in a safety way.
Besides, the Customer is not allowed to use a vehicle while transporting or carrying any element that may hinder to use and to drive the vehicle in a safety way.
It is also forbidden to use cell phones, to text, to use portable music player or any other device that may distract him from driving the vehicle.
It is forbidden for the Customer to steal, purloin, give, lend or sell the vehicle to anybody. Neither the Customer can disassemble, scratch or write on the vehicle.
It is forbidden for the Customer to use a vehicle under meteorological or environmental dangerous conditions. The Customer is advised to adapt his behaviour while driving, and to take the necessary distance to calculate braking, considering climate, visibility, enviroment and transit conditions.
Any breach of the aforementioned prohibitions exposes the Customer to HOP’s denial of access to the use of the Services, and to fine him in the amount of US $1.000.
It is the Customer’s responsibility to provide, at his expense and charge, all the necessary technology to use the Service and the App, including contracting the necessary broadband service to be able to connect the App to the Company servers that will store the data collected by the device.
It is mandatory for the Customer to wear a helmet and reflective vest while using the vehicles, and here he declares that will comply with all the traffic regulations, either vehicular or pedestrian. The Service Providers will not be responsible for any damage, injure, that may suffer the Customer for not wearing the helmet.
Before using the vehicle, the Customer must perform a basic inspection : (i) adjustment of the rims; (ii) safe operation of brakes and lights; (iii) good condition of the chassis; (iv) enough battery energy; and (v) any signal of damage, excessive and anusual wear or other obvious mechanical problems. The Customer will not drive the vehicle if there is any evident problem and it is mandatory to notify HOP immediately through the App or website.
Likewise, the Customer will use the vehicles unique and exclusively to transport himself from one place to another through places enabled by the Traffic Law and will not practice any kind of sport or acrobatics. Likewise, the Customer is strictly forbidden to use the vehicle under the influence of alcohol or any other drug or narcotic. The Customer declares to know the local Transit Law, as well as all its modifications, and, that agrees to comply with all its provisions regarding the use of vehicles according to the regulations in force. The breach by the Customer of the indicated in this paragraph, exposes the Customer to HOP’s denial of access to the use of the Services, and to fine him in the amount of US $1.000.
The Customer is committed to lock the vehicle manually when stop using it, will park it or will leave it in a public visible place of easy access where parking is allowed by current laws and regulations and reasonably safe, not causing an obstruction or danger to pedestrians or to the users of the public road and where the vehicle are not exposed to risks of loss or damage. If the Customer parks the vehicle out of an operational area demarcated in the App and the vehicle is damaged in that location, HOP can fine the Customer in the amount of US $1.000.
If a vehicle is stolen or purloined at the end of a ride, HOP can make a charge in the amount of US $1.000 if: (i) the Customer left the vehicle without locking it and the vehicle is not recovered within 10 consecutive days; or (ii) if he parked the vehicle out of and operative area demarcated in the App.
In the case that the vehicle is parked by the Customer out of the areas of operation demarcated in the App, HOP will have the right to make an additional charge for relocation costs according to what is indicated in Annex N° 1.
The Customer will have to return the vehicles in the same state in which he leased them, considering the normal wear of the use. In case of any damage or malfunction of the vehicles, the Customer must inform HOP immediately through the App and also by sending an e-mail to firstname.lastname@example.org.
Characteristics of the Vehicles: The Customer recognizes and accepts that the vehicle is an electric vehicle that needs periodic charges of its battery to be able to work. The Customer accepts to use and to operate the vehicle in a safe and prudent way being conscious that it is an electric vehicle, with all the limitations and requirements related to it. The Customer understands and accepts every one of the following points:
If the vehicle runs out of energy during the rental period, the Customer must finish the ride according to the terms of this present contract. Alternatively and only if the Customer is authorized by HOP at the App, the Customer could charge the vehicle by connecting an adequate charging cable, this charging cable must be legally allowed for this purpose. The Customer declares and accepts that will comply with all the current laws and regulations regarding the charge of the charge, both in private and public places. The Customer recognizes and accepts his responsibility for all the costs, charges, dues, expenses, sanctions and related fines regarding the charge of the vehicle and that HOP will not reimburse cost, expense and any charge caused by what is described in this paragraph. Not finishing the ride according to the terms of the present contract, exposes the Customer to HOP’s denial of access to the use of the Services, and to fine him in the amount of US $1.000.
The Customer recognizes and accepts that the Company does not have nor will any control of the telecommunication networks that the Customer accesses or must access to connect the Site or for the App to connect to the servers of the Company. Accordingly, any delay or suspension of the service resulting from the interruption or not optimal functioning of the data transmission through the telecommunication network used by the Customer, will not be the Company’s responsibility.
The Customer recognizes and accepts that the Services provided by the Service Providers are given in the way that are supplied to the Customer’s disposal.
B. Payment for the Services:
The Customer must pay the fees and deposits indicated in the App of the Service at the date of expiration of the respective payment document. For these efects, the Customer will inform the Company the day of the month when the payment must be made, for this reason, if the Customer does not receive the corresponding payment notice, he must contact the Company to be informed of the monthly payment.
The prices or rates of HOP are calculated according to the amount of time of using the vehicles, this time starts at the moment that the Customer unlocks the vehicle and will end at the time he locks it again.
The Customer will not be able to use the Service if he does not agree with the rates available in the App.
The rates will not include the corresponding taxes when required by the law.
The promotion codes (discounts) are unique offers and can be amortized only through the App of HOP. HOP reserves the right to modify or cancel the discounts at anytime. Discounts are limited to one per Customer and per account, cannot be combined with other offers. Discounts are not transferable and cannot be resold.
The Company only accepts credit cards for payment, the credit card must be valid and with enough authorized limit in order to charge the monthly fee of the Service, this fee will be charged monthly according to the term of the Contract. The Customer must give all the relevant information of his credit card and his billing address. Without limiting the foregoing, HOP, in its absolute discretion, will be able to accept any other means of payment mentioned in the App as debit cards, exchange systems, monthly plans, etc.
The Service will be paid by the Customer within the next 3 days after receiving the corresponding bill given by HOP, this bill will be sent to the e-mail and/or address informed to HOP.
In the event of late payment of the sums agreed, the debt will earn the maximun interest rate permitted by the Law according to non-adjustable credit operations of less than 90 days. Furthermore, the Company will be able to charge the costs and expenses incurred because of non on time payments and will be entitled to suspend or terminate the provision of this Service until the outstanding payment is done.
Hereby the Customer authorizes the Company, in case of delay of payment of the amounts established in the App, for a period of time equal to or greater than 15 days, to publish his background at the Commercial Bulletin.
The Customer will be entitled to access to the site www.hopscooter.com where he will be able to check his previous payments and his total amount due, this information will also be available at the App.
C. Transmission and treatment of personal data:
1. For the provision of the Service, the Customer must deliver some information that according to the applicable regulations may be considered as personal data, the information given by the Customer will be stored and processed by the Company. This data include the complete name of the Customer, Identification Document, sex, age, address, educational level, profession, socio-economic condition and interests or hobbies. Finallly, the use of the App involves the collection of certain data that would eventually serve to know the identity of the Customer, such as habits and driving practices, routes and accidents, location. Some others have to do only with technic aspects of the vehicle such as diagnosis codes, fuel efficiency, readings of the odometer, etc. This last data is collected by the device and transmitted to the Company, regardless on who is driving the Customer’s vehicle, therefore, it will be the Customer’s responsibility to inform the person that he authorized to drive the vehicle that he has installed the device and that this device is collecting, among others, data about the driving and location of the vehicle.
2. According to the international Law of Protection of Private Life, it is hereby recognized the Customer’s property of all his personal data. The Customer, by the mere fact of contracting the Service, recognizes, accepts and authorizes the Company to process the delivered data that according to the law are private data, only for statistical purposes, in order to build a complete profile of the Customer’s Service regarding his sex, age, educational level, prefession, socio-economical condition, interests or hobbies, habits and routes. For these effects, the Company undertakes to omit any signal that could reflect the Customer’s identification in any information given to third parties or to make it available to the public, except in the case that the transmission and/or treatment of the data be necessary to provide the Service or in the case that the Customer agrees to the transmission of the data in order to receive complementary services as, for example, insurance hiring. Without limiting the foregoing, the Company will be able to transmit all the personal data of a Customer when required by a competent judicial authority in the framework of a current judicial process, in that case, the Customer will be duly informed to the e-mail address registered at the Site.
3. The Company recognizes the rights of the Customer on his personal data, being able, regarding the data that has been under treatment, to freely exercise the right of opposition, access and information, rectification, cancellation of his personal data and withdrawal of his consent, without retroactive effects. These rights can be exercised contacting via e-mail email@example.com.
The Customer declares to know and accept that the Service cannot function adequately withouth the access by HOP to the Customer’s data. However, in case that the Customer decides to eliminate his registration, HOP will eliminate all the previously collected personal data but, this may result in an advanced ending of the Contract and in the immediate end of provision of the Service.
4. The Customer undertakes not to use the Service to registrate information or third parties.
The information collected by cookies does not permitt to obtain contact information of the Customer. However, every browser allows to disable the register of cookies of the visited web sites. It is necessary to follow the instructions of your browser.
D. Intellectual Property:
1. License: By the fact of downloading the App, the Company gives the Customer a private license, nontransferable, non exclusive, limited, free of charge and temporary to install and use only for non commercial purposes, in his mobile device, according to the following stipulations:
a) The validity date of the license starts at the date of the installation of the App, if not, the date of the first use and will be valid until the Customer uninstalls the App in his device or if this license is expressly finished by the Company.
b) It is expressly forbidden for the Customer:
c) The Company, in accordance to the international Law of Intellectual Property, reserve all rights on the App and on the intellectual and industrial property related with the provision of services designed by HOP. Accordingly, without prejudice of the legal exceptions, the Customer is not allowed to decompile, dismantle or perform any reverse engineer on the App or any of its components by any mean.
d) Updates: The Company accepts that the App will be able to download and to install updates, upgrades or additional functions automatically; and recognizes and accepts that every obligation of the Company of providing support to old versions of the App could reach an end as soon as it is updated. The present license will govern all the updates, upgrades or additional functions that are not distributed with a specific license or other agreement.
e) Termination: The present license will be valid until it will be finished. The Company reserves the right to interrupt or finish it as soon as the Customer breaches any of the stipulations of this paragraph or, in general, his contractual obligations. When terminating the license, the Customer is not allowed to use the App any longer, must destroy any backup that he may have or anything that he may have had under his control. In any case, the termination will not restrict the rights of the Company regarding obtaining legal redress due to the Customer’s facts or acts that may have caused the termination of the license.
2. Use and Content of the Site and the App.
a) All the contents of the Site and of the App whose intellectual property do not belong to third parties, are protected by the laws of Industrial and Intellectual Properties, including the international agreements ratified by the United States of America and are of the exclusive property of HOP. The access to these contents do not grant the Customer any right not ownership on these contents.
b) It is possible that at the Site and/or the App the Company may link to contents of other web sites through hyperlinks. Those links give access to third-party contents as much as it is permitted. The contents located in linked sites are not modified in any way. The copyright of the contents of the linked sites belong to their respective owner and the use of those contents is done according the law and agreement of Intellectual Property currently prevailing at the United States of America.
c) HOP will not be responsible for the links or hyperlinks that the Customers may place at the Site.
d) Every registered mark for products, services, mixed, collective marks, industrial designs, patents or any other industrial property rights that can be referred, commented or mentioned in the contents of the Site and/or the App or in the contents linked, belong to their respective owners. Unless it is expressly stated, HOP does not have any contractual relationship with the owners of the respective rights.
e) However, if you are a holder of an intellectual work contained or refered in the Site and/or the App and you esteem that the use of it is infringing your copyright, you can contact firstname.lastname@example.org indicating your ownership of the work, your location inside the Site, the rights supposedly infringed and, in your case, the user who provides the infringing material. When applicable and in accordance with the international Law of Intellectual Property, the violated content will be removed.
E. Editorial discretion:
The Company reserves the right to suspend or finish the Service without previous notification for any Customer in his use:
1.- To incur in illegalities to have inmoral behaviours against decency, bylaws and national security. Especially in case that the Customer breaches any provision of the locals Transit Law, bylaws and any regulation regarding the land use.
2.- To infringe intellectual or industrial property rights, as per the Company or third parties.
3.- To transmit or send spam or not required information, chain mails, etc.
4.- To transmit viruses, malware and in general any kind of sofware, application or code that aims to interrupt, damage or limit the functioning of software or hardware, or telecommunication devices or anything seeking to access in an unauthorized way to systems of third party info, whether or not it constitutes a criminal offence according to the international Law.
5.- Impersonate any person or entity including our representatives and employees or try to access in an unauthorized way to third-party accounts, or networks or third-party servers.
6.- And, in general, by any act or omission of the Customer that may result in the breach of the agreement of these terms and conditions.
F. Guarantees and limitation of liability:
1. The Company does not guarantee the availability and continuity of the operation of the App and/or the Site, with the understanding that this could also depend on the quality of the connection of the Customer’s broadband, as well as other factors beyond his control. Therefore, the Company shall not be liable for any damage or harm resulting from those circumstances or, from informatic failures, lock of Apps or web pages by the Customer’s server or any third party acts that are not related to the Company. The Company shall not be liable for the activation of Trojan Horses or other elements introduced by third parties to the Site and/or the App, that may affect the Customer’s physical or logical systems or the files and/or documents in their systems. Although the Company takes a variety of security measures and safeguards regarding their informatic systems, this does not guarantee that these systems will not be intervened or affected by unauthorized third parties, therefore, under no circumstances will be responsible, without prejudice to any decisions that may take against the unauthorized third parties that may intervene, intercept, affect, modify or damage their informatic systems.
2. The guarantees that the the Service Providers grants for the services given are those established in the international Law Protection of Consumer Rights. Therefore, the Service Providers will not respond for consequential damages nor punitive damages and will only be liable for the direct damages accredited before the competent authority, as established by law.
3. The Service Providers must unscathed for any claim, complaint, lawsuit or third party complaint originated in an unauthorized use of the Service. The Company reserves de right, at his expense, to assume the defense and management of any matter by which must respond the Customer, in which case the Customer is required to cooperate in all relevant areas regarding his defense.
G. Use of the Site and/or the App:
1. The Customer accepts and recognizes that the Company may establish general use practices and restrictions regarding the availability of the Service at the Site and the App, the maximum storage space available for the information of our users in our servers, and the maximum amount of allowed accesses to the Site in a given timeframe. The Company reserves the right to suspend or terminate the accounts of the Customers that have not paid their Service bills, when applicable, or accounts with no activity for long time periods.
2. The Customer is solely and exclusively responsible to maintain the confidentiality of his Customer’s account and access key to the Site and/or the App, so he must take all the necessary safeguards to prevent illegal access from a third party to his account and/or access key. The Company reserves the right to suspend and/or terminate the Service in case that the Customer shares his access key with third parties. Our employees will never ask your access key. The Company will assume that all communication received from the Customer’s account has been done by the Customer.
3. Even though the Service may be available outside your local area, the Company neither guarantees nor assures that both the Service and the contents of the Site and/or the App may be used outside your local area, nor be liable by the access to the Site in jurisdictions where the use is illegal.
H. Technology Limitations:
The Customer recognizes and accepts the following technical limitations regarding the Services.
a) Coverage and use of telecommunication networks: The network through which the Service is granted, is based on telecommunications 2-3-4G, they do share stations (antennas and satellites) according to availability, so the Service is subject to the inherent limitations of the telecommunication networks, and the function therefore be affected by:
Therefore, the Company will not be liable for the delay, failed transmmission or interrupted transmmission that may not allow the Customer’s communications and configurations to be stored and/or downloaded at the App. Likewise, if the [Location] telecommunication infractrusture stops granting transmission 2-3-4G, this fact will entitle the Company to suspend or to finish the Service with no further responsibility nor right to compensation on Customer’s behalf.
b) GPS: To ensure an adequate provision of the Services, the Customer’s mobile device is connected to the GPS systems, what requires direct contact with the satellites that provide that information. If such line of transmission is blocked (for example, because it is located into a tunnel or a basement) that could affect the capacity of the Device to obtain and register the exact location of it, which is a necessary condition to provide Services.
c) Maps: The Services use maps published by third parties, these maps could not be accurate and/or can be incomplete. The Company assumes no responsibility for the inaccuracy of the maps used by the Services.
All the information published, interlaced and in general made available for the public at the Site and/or at the App, as well as the provision of services, will be governed by the laws of the State of New York. Any dispute, conflict or claim related to the Site, the App and its contents and with the Service, will be solved according to the current laws of the State of New York when applicable.
Any difficulty or dispute produced between the Parties regarding the application, interpretation, duration, validity, enforceability, compliance, breach, opposition, nullity, resolution, termination, determination of the provenance and the amount of fines, execution of the acts agreed, or regarding any other matter related in any way with this Contract, will be solved by a competent courts according to NY Law.
If there is a conflict between the Spanish version and any translation of these terms and conditions, the Spanish version will be applied and will prevail the Spanish versión.