This agreement establishes the Terms and Conditions that regulate the use of the services provided by EUSKOOTERS MOBILITY, S.L. (hereinafter, “EUSKOOTERS“), to which the user of said services automatically subscribes (hereinafter, the “User“, in the plural, referred to as the “Users“) and which are legally binding for both parties.
“Agreement” means this agreement, which encompasses all of the Terms and Conditions set out below.
“Application” refers to software consisting of a mobile application owned by EUSKOOTERS, which can be accessed through a computer or mobile device, and through which you can operate with electric scooters also owned by EUSKOOTERS in order to offer the services that are the object of this Agreement to Users.
“Circulation Area” covers the urban area delimited on the map contained in the Application, within which Users can circulate with electric scooters owned by EUSKOOTERS. Leaving the Circulation Area is totally forbidden and will entail the application of the corresponding penalties to the User. Within the Circulation Area are the areas enabled and allowed to ride on an electric scooter, indicated in the Application in green. In the same way, restricted areas may be marked in red.
“Parking Areas” are the areas enabled and indicated on the map of the Application within which the electric scooters owned by EUSKOOTERS are made available to the User, and in which the User must block and park the scooter once it has been completed. Parking the scooter outside the Parking Areas is totally prohibited and will entail the application of the corresponding penalties to the User. Parking areas are marked with a “P” on the map contained in the App and, normally, they will coincide with the Euskooters rental points.
“EUSKOOTERS” refers to the company EUSKOOTERS MOBILITY, S.L., with registered office at Gran Vía de Don Diego Lopez de Haro 56 Offices, Entreplanta D-2, 48011 Bilbao (Vizcaya), and provided with N.I.F. B-95946513, constituted before the Notary of Bilbao Don Juan Ignacio Gomeza Villa on January 25, 2019 under protocol number 177, and registered in the Commercial Register of Vizcaya in Volume 5835, Folio 66, Sheet number BI-72969 .
“Euskooter” means each one of the electric scooters owned by EUSKOOTERS, object of the shared rental service, which will be referred to in the plural as “Euskooters”. The User accepts that all Euskooters are permanently geolocated by EUSKOOTERS in order to be able to adequately provide the services contained in this Agreement.
“Services” includes the shared rental service of the Euskooters, the use, access and registration in the Application, access and use of the website owned by EUSKOOTERS, as well as the use of its related services. The Services will be referred to individually as the “Service“, and they constitute the object of this Agreement.
“Website” refers to the website owned by EUSKOOTERS, www.euskooters.eus
“User” means the contractor of the EUSKOOTERS Services, who is a party to this Agreement and automatically subscribes to it when making use of any of the Services.
Unless otherwise indicated, all monetary values mentioned in this Agreement will be considered as established in Euros (“€“).
1.1 Purpose of the Agreement
The purpose of this Agreement is to regulate the use of the Services provided by EUSKOOTERS, which requires acceptance by the User of all the Terms and Conditions set forth below. In this sense, the download, the registration in the Application and / or its use implies that the User has read, understood and accepted, without reservation, these Terms and Conditions.
1.2 Parties to the Agreement
The User and EUSKOOTERS are the only parties to this Agreement. The User of the Services must be an individual and, therefore, the User will be solely responsible for compliance with all the Terms and Conditions established in this Agreement. The User must not allow any third party to operate with the Euskooter.
1.3 The User is at least sixteen (16) years old
The User declares and certifies that he / she is at least 16 years old and that, in case of being 16 or over 16 years old, but being a minor, he / she has the authorization of his / her parents or guardians for the use of the Services.
1.4 The User has sufficient capacity to use the Services
The User hereby declares and certifies that he or she is qualified and able to use the Services in an appropriate manner. The User assumes all the responsibilities and risks of any lack of psychic or physical capacity, injury or medical condition in relation to the use of the Services and, in particular, to driving in Euskooter.
The User is solely responsible for determining and assessing the risks of circulating with the Euskooter related to its general capacity, medical condition, weather conditions, including, without limitation, rain, fog, snow, hail, ice, heat or thunderstorms, and other factors that may generate any risk (which not depend on EUSKOOTERS) during the use of the Services . In this sense, the Users understand that they must adjust, adapt and calculate the speed of circulation in the Euskooter, as well as their behaviour in driving relative to the acceleration and braking of the same in accordance with the weather, traffic or any other circumstance, uncertainty or other related factors that may occur during the User’s journey.
The User acknowledges that he must perform a basic safety check of the Euskooter, including an inspection of the wheels, brakes, lights, frame, battery level of the electric scooter, as well as checking for visual damage and any unusual wear. or excessive of any kind. The User agrees not to use or stop using the Euskooter if it detects noticeable problems in it and undertakes to notify EUSKOOTERS immediately through the SOS button of the Application enabled for that purpose.
1.5 The elements that make up the Services are the exclusive property of EUSKOOTERS
The User accepts that the Services, which include the Euskooters, the Application, the Website, the information included therein and all the intellectual and industrial property rights associated with EUSKOOTERS, provided and made available by EUSKOOTERS, are property exclusive of EUSKOOTERS and the User can not make use of them in order to exploit them in any way. In the case of having an interest in using them for commercial purposes or any other type, you must have the express consent of EUSKOOTERS.
1.6 Availability of Services
The User accepts and acknowledges that the Euskooters are not available 24 hours a day. The Euskooters must be rented (unlocked) and blocked through the Application within the hours of the established Rental Service. The number of Euskooters is limited and its availability is not guaranteed. This availability may vary between the different zones within the Circulation Area. Likewise, the User accepts that EUSKOOTERS may temporarily interrupt its Services in certain areas and, therefore, limit or cancel the availability of the Euskooters in the Parking Areas due to seasonal conditions, festivities or specific events, maintenance of the Euskooters and greater demand. of these in other areas, among other reasons.
Access to the Services may also be limited or restricted due to force majeure and other circumstances that prevent EUSKOOTERS from providing the service correctly. In this sense, the User accepts that EUSKOOTERS may require the User to stop using the Services and end their current journey, blocking the Euskooter, at any time.
1.7 The User can only circulate with the Euskooter within the Circulation Area and in the areas designated for it
To use the Services and circulate with an Euskooter, first, the User must download the App in the App Store if its operating system is iOS or in Google Play Store if its operating system is Android, register in the Application by entering the data that is request, activate the location settings on your mobile device, locate an Euskooter parked inside any of the Parking Areas next to your location and unlock the Euskooter through the Application by scanning, with the camera of the mobile device -allowing access to this-, QR code of the scooter (or by entering the code manually). Once the Euskooter is unlocked, the journey begins – which must always take place within the Circulation Area – and, in turn, the accounting of the rental time, based on which the amount to be charged to the User will be calculated according to the prices established at each moment, available in the Application. If no payment method has been entered in the Application Wallet, the User must add one at this time. To end the journey and thus stop the rental time of the Euskooter, the User must block the Euskooter through the Application and park it only and exclusively in any of the Parking Areas. When blocking the Euskooter, the User will be asked to take a photo of the parking accomplished, in order to check that it is correct.
The User accepts and agrees by means of this Agreement to circulate with the Euskooter only and exclusively within the Circulation Area and by the areas authorized to circulate on electric scooters, indicated in the Application in green, and avoiding the restricted or prohibited areas, occasionally indicated in red. In the same way, the Application generates recommended or friendly routes to circulate in Euskooter in case the User decides to go to a point of specific tourist interest included in the map or in the list of touristic places of the Application. To have this option available in the Application when using the Services, the User must have activated the option “I want to see the places of interest” when registering. In this way, the application will show all the navigation data related to the journey.
The User agrees to circulate with the Euskooter through the authorized areas indicated in the Application within the Circulation Area in a prudent manner, complying at all times with the traffic regulations applicable to Personal Mobility Vehicles (VMP) and respecting the rest of users of the public road.
The User knows and accepts that it is totally forbidden to drive on the sidewalk, pedestrian streets and limited roads at a speed exceeding 30 kilometers / hour, as well as other roads and roads as determined by the competent authority to regulate the movement of vehicles. of Personal Mobility (VMP).
In the same way, the User accepts that the Circulation Area and the areas covered are subject to change and may vary with the course of time and according to the season, and / or for specific events and festivities, either expanding or restricting. The User may not use any Euskooter that is, for any reason, located outside the Circulation Area.
It is not allowed to transport the Euskooter without having unlocked it, that is, put into operation, previously through the Application from any of the Parking Areas, even if such transportation takes place within the Circulation Area. In this case, the blocked Euskooter will enter a state of “panic” and may emit a series of beeps and flashes of light when this behavior is detected and interpreted by EUSKOOTERS as a possible theft upon receiving this warning.
The User understands that some areas authorized to drive on electric scooters such as roads limited to a maximum of 30 kilometers / hour, bike lanes, included within the Circulation Area, may not be adequate and may be dangerous to travel due to weather, traffic and other related hazards, punctual or not, that may affect your state.
1.8 The User agrees to comply with the local legislation and regulations applicable to circulation with the Euskooter
The User agrees to circulate in the Euskooter in accordance with the provisions of laws, local regulations and other applicable regulations in place where EUSKOOTERS operates in relation to the regulation of the circulation of Personal Mobility Vehicles (VMP), within which are the electric scooters. Likewise, the User undertakes through this Agreement to comply with the indications established in the Application.
The User accepts that he is solely responsible for any breach and the negligent use of the Services and the violation of said regulations when using them, exempting EUSKOOTERS from any responsibility in this regard.
1.9 Restrictions, limitations and safety measures to be taken into account when driving by Euskooter
The User agrees not to circulate with the Euskooter while transporting any item that may hinder or impede its ability to safely circulate, including, among others, backpacks, bags, briefcases or heavy packages. These elements can affect the balance of the User and the Euskooter.
It is not allowed to take a second person or animal on the Euskooter.
While traveling on the Euskooter, the User must not use media players or other devices that may distract him or prevent him from circulating safely on the Euskooter, nor make or answer phone calls.
The User agrees not to circulate on the Euskooter or make use of the Services under the influence of alcohol, drugs, medications or any other substance that may affect their ability to circulate safely.
EUSKOOTERS recommends to the User the use of an approved standard CE helmet or with a higher standard, properly adjusted according to the manufacturer’s instructions, during the circulation in the Euskooter.
The use of a helmet is mandatory for children under 18 years of age.
The maximum weight of 100 kg (kilograms) can not be exceeded while driving on the Euskooter. The maximum weight includes the body weight and any luggage of the User.
The User agrees that he / she can not use the Euskooter for competitions, races or equivalent events, including tricks for professionals and non-professionals.
The User agrees not to circulate with the Euskooter on unpaved roads, and / or anywhere, even if it is allowed to circulate, where it causes inconvenience to third parties, always taking into account that the pedestrian is the priority on public roads. Under no circumstances may the User circulate in any prohibited area to the electric scooter circulation, subject to the corresponding penalty applied by EUSKOOTERS in accordance with the provisions of these Terms and Conditions, as well as the corresponding legal or administrative consequences to this infraction.
1.10 Communication of incidents during the use of Services
The User must report any breakdown, accident, crash, damage, personal injury, Euskooters lost or stolen during a trip, and any other problem occurred during the use of the Services to EUSKOOTERS as soon as possible, through the mechanisms established in the Application.
The User will have the following ways to contact EUSKOOTERS and communicate the incident that occurred:
- (i) Making use of the SOS button enabled in the Application, permanently visible during its use, and selecting the corresponding incident (Theft, Battery, Breakdown, Unlocking Problem and Accident), where the User may provide a description with details about the incidence, in addition to photographs.
- (ii) Calling the telephone +34 633 24 27 60.
- (iii) Writing an email to email@example.com
The authorized personnel of EUSKOOTERS will go as soon as possible to manage the incident and, in case it is necessary, assist the User in what he requires. If an accident occurs during which personal injury, third party damage, property damage or other material damage is caused, our staff will be responsible for informing and / or assisting the local police in the incident part, as well as the corresponding management in relation to the insurer, as the case may be, or with the competent authority or entity.
In the event of incidents that occur during a journey in course on the part of the User, EUSKOOTERS will be responsible for tracking the history of said journey in order to regularize the total amount of the trip in order that no undue payment is made to the User. This management will be carried out in a maximum period of 24 hours, without the need for the User to perform any type of management or claim in this regard. If after this period of 24 hours the User does not agree with the charge made for the use of the service, he should contact EUSKOOTERS by calling the telephone +34 633 24 27 60 or by writing an email explaining the reasons for his claim to firstname.lastname@example.org
1.11 Lost or stolen Euskooter
An Euskooter unlocked by the User may be considered lost or stolen by it if (i) the journey with the Euskooter does not end according to the provisions of this Agreement, not having been blocked through the Application at the time of termination of the Service, that is, at the time of proceeding with the daily removal of the Euskooters, (ii) the Euskooter’s GPS unit is deactivated, (iii) the Euskooter is parked or circulating in violation of this Agreement, that is, outside the Area of Circulation and, therefore, by a restricted area or off the public road, the scooter will automatically be blocked by EUSKOOTERS with the consequent application of additional costs to the User who has active the journey in the Application; (iv) the Euskooter is transported after the journey has been completed and has been blocked by the User, and EUSKOOTERS has reason to believe that such movement was not caused by another User or authorized third party, or (v) other facts and circumstances that reasonably suggest to EUSKOOTERS that the Euskooter has been stolen or has been lost. In these cases, EUSKOOTERS will undertake the actions it considers appropriate once it has carried out the necessary verifications in each specific case.
In the event that during an active journey the User misplaces or suffers a theft by a third party of the Euskooter, they must inform EUSKOOTERS immediately, or as soon as possible, through any of the following available forms of contact:
- (i) Making use of the SOS button enabled in the Application, permanently visible during its use, selecting the incidence of Theft.
- (ii) Calling the telephone +34 633 24 27 60.
- (iii) Writing to email@example.com
EUSKOOTERS and the User accept that the last person who has operated with the Euskooter will be responsible for the lost or stolen Euskooter, unless the corresponding circumstances in each case and / or the facts analyzed by EUSKOOTERS provide sufficient evidence to exempt the last User from liability .
If, in accordance with the foregoing, EUSKOOTERS considers that an Euskooter has been lost or stolen, it may bring the pertinent legal actions, judicial and extrajudicial, against the User or the third party whom it considers responsible for these cases, in order to obtain the restitution of the Euskooter or the price of the same, as well as the compensation for damages that, in each case, are applicable and / or that EUSKOOTERS considers appropriate.
1.12 The Euskooter is an electric vehicle for personal mobility
The User acknowledges that the Euskooter is an electric vehicle that needs to be handled in a responsible and prudent manner and taking into account the established safety measures. The User acknowledges that the Euskooter needs a periodic load to be able to operate during the hours of the Service. In this sense, the User understands and agrees with each of the following manifestations:
- The remaining battery level in the Euskooter when unlocking it will decrease with the operation of the Euskooter, and the operating capabilities and speed may decrease or cease as the battery level decreases.
- Even though the EUSKOOTERS personnel remove the Euskooters with a low battery level as quickly as possible, EUSKOOTERS does not guarantee that the level of battery that the selected Euskooter has when unlocking it is sufficient for its specific journey. In this sense, the User will have available in the Application information about the battery percentage of all the Euskooters placed on public roads in order to choose the one that best suits their journey. It is the responsibility of the User to check the battery level of the corresponding Euskooter to ensure that it is adequate before starting the journey with the Euskooter. In this sense, EUSKOOTERS does not guarantee that the battery percentage shown in the Application is totally accurate.
- The rate of decrease in the level of the battery may vary due to different factors such as the age of the Euskooter, the condition and durability of the battery due to its use and / or age, the weather conditions, the state of the road where circulate the Euskooter, the speed at which the user circulates and / or other variable factors.
- Any distance, speed, power and / or temporality in which the Euskooter can circulate before the battery level is zero is not guaranteed in any way by EUSKOOTERS.
- In relation to the foregoing, the User agrees that EUSKOOTERS does not guarantee that the scooter does not run out of battery during its rental, and will not be held responsible for this.
1.13 Liability for damages
The User agrees to return the Euskooter to the end of the journey in the same conditions in which it was unlocked. In this sense, the User will not be responsible for the wear caused by the normal use of the Services.
The User accepts that he will be responsible for any breach with respect to what is established in this Agreement during the use of the Services, as well as the misuse or negligent use of such Services, of the claims and legal and extrajudicial legal actions filed against EUKOOTERS as a consequence of it, losses, liabilities, damages and losses caused to third parties, damages and losses caused to EUSKOOTERS, costs and expenses generated to EUSKOOTERS, fines imposed and / or disbursements of any kind or nature made by EUSKOOTERS in relation to a neglected, stolen Euskooter or lost.
2. PRICE AND COLLECTION POLICY
The rental of the Euskooter by the User is made through payment, through their PayPal account or charge on the credit or debit card assigned to their profile, of a certain amount to be chosen by the User himself. This amount will be reflected in the Balance or Wallet of the Application and will be consumed in the journeys made by the User according to an unlocking fee applied at the beginning of the same, plus an applicable rate depending on the duration of the specific journey, in accordance with the prices indicated in the Application. In each case, fees and other charges may be subject to applicable government taxes and fees. At any time, the User may add, modify or delete their payment methods by accessing their profile in the Application, in the “Wallet” section.
The general unlocking fee is € 0.95 and the applicable rate per minute of the journey is € 0.15 (VAT included). EUSKOOTERS reserves the right to modify these rates, of which the User will be informed through the Application, the Website or via email.
2.2 Payment methods
The User must opt for a payment method available in the Application in order to make use of the Services. In order to add money into the Balance, the User may do so through credit / debit card or through PayPal.
In the case of opting for a credit or debit card as a method of payment for the Services, the User knows and accepts that they must provide EUSKOOTERS with information and details of a valid credit or debit card and its ownership. Data that will be stored in the payment gateway Stripe and not in the Application.
The User may also opt for the payment method of PayPal, in which case it must be recharged by the User with funds from his bank account through PayPal. In both cases, the User may recharge the amount considered or select the pre-established amounts in the Application of € 5, € 10 or € 20. As long as the User’s Balance has funds, this method will be applied automatically when starting a journey.
For the assumption that the User has active any promotion in their profile in the section My Promotions, will be applied automatically on the next trip after activating it. The promotions are not cumulative. Balance money that has not been consumed is not returned to the User in case he decides not to use the service anymore.
The User declares and guarantees EUSKOOTERS that he is authorized to use any information related to the credit or debit card that he provides through the Application. The User authorizes EUSKOOTERS to charge on the card provided all amounts incurred in connection with the Services.
To dispute any charge made by EUSKOOTERS on the credit or debit card provided by the User or in his bank account, he must contact EUSKOOTERS within two (2) months after the date of the charge in question through the forms of contact established in this Agreement, providing EUSKOOTERS with any information it requests and considers necessary, such as the date of the journey and the approximate times of start and end, providing the detail of the journey that is generated in the User’s profile. Once the journey ends. For any problem related to the charges made by EUSKOOTERS, the User may use the Incident button of collection available in the Application in the Wallet section, accessing the History in the detail of each journey, and through the SOS button.
The User undertakes to inform EUSKOOTERS without delay of any problem related to the card associated with his profile in order to avoid fraudulent use thereof in the Application.
2.3 Possible temporary withholding
The User, by accepting this Agreement, authorizes EUSKOOTERS to charge the credit or debit card that the User links to his / her profile on the Application as a method of payment, either in terms of payments for the Services received and / or for the additional costs applicable, where appropriate, informed in these Terms and Conditions. These charges can be executed from the moment the User starts a journey by unlocking a Euskooter.
At the time of starting a trip, EUSKOOTERS may retain an amount of 10 Euros from the available credit in the User’s account. This is called authorization retention, which means that the User will not be able to use this amount of funds from their account for the duration of the journey and until the User completes it through the Application, although at no time the funds are transferred to EUSKOOTERS in this period of time. The amount withheld will be available again in the User’s account when the trip is completed or in a maximum period of two (2) business days thereafter. This retention allows EUSKOOTERS to protect itself against the fraud of the improper or unauthorized use of the card, and no charge will be made for said retention on the User’s card if the transaction is successful.
Although this temporary retention is immediately canceled by EUSKOOTERS, the charge could remain in the User’s account for some time, depending on the policy of their bank. To know the withholding authorization policy of your bank, the User must contact the bank that issued his card.
If the User detects withholdings or undue charges made by EUSKOOTERS, they should contact us at firstname.lastname@example.org or by calling the telephone number provided.
2.4 Possible penalties
The User accepts that EUSKOOTERS may apply a surcharge to the account or card linked to their profile on the Application for the purpose of exceeding the Circulation Area if, after a reasonable period of time has elapsed from the first notification received by the User through the Application in order to warn of the incorrect location of the Euskooter, as well as the indication to return immediately to the Circulation Area in order not to be penalized, does not return to it. If the User continues to exceed the Circulation Area after said period of time has elapsed once the successive notifications generated through the Application have been received, the Euskooter may be automatically blocked, thus ending the User’s journey through the Application and generating a penalty consisting of a € 50 surcharge on the User’s card or bank account for each offense committed.
In the same way and additionally, the User accepts that EUSKOOTERS may apply a surcharge from € 200 to the full value of the e-scooter in the event that it is blocked and left parked at the end of its journey outside the Parking Areas, holding said User of the eventual loss or misplacement of the e-scooter, without prejudice to the legal actions that EUSKOOTERS may take for the damages caused.
Likewise, and in this sense, EUSKOOTERS reserves the right to eliminate the funds from the User’s Balance in the Application when committing any of the above offenses, as well as to suspend the User’s account if he or she repeats one of the two cases mentioned in this section.
2.5 Journey receipt
The User will have available the History of their routes accessing their profile in the Application, where you can see the route made in Euskooter, the kilometers traveled, the grams of CO2 not emitted, as well as the amount and duration of the journey. Within the History, the User will have the option to access the receipt of each journey, having the possibility to filter the search by date. The receipts are generated automatically at the end of each journey and are sent to the e-mail of the User by PayPal or Stripe.
2.6 Discounts and promotion codes
Promotional codes redeemable for discounts on the Service can only be entered in the My Promotions section of the User profile once, and always through the Application. When there are active promotions in the User’s profile, they will be applied as a method of payment in the next journey to be made by the User. On occasion, EUSKOOTERS may generate promotions in the Application without having to redeem any code, and these will automatically appear in the My Promotions section. Each promotion will have its particular conditions, which will be announced to the User.
EUSKOOTERS reserves the right to modify or cancel promotions at any time without prior notice. Discounts can be limited to one per customer and account, and can not be combined with other offers. Discounts or promotions are not transferable and can not be resold or reimbursed.
2.6.1 Use of promotions and codes
EUSKOOTERS offers special promotions to provide travel discounts to passengers. To apply a promotional discount to the fare of a trip, the User must enter the promotion code at any time before the trip begins. To use a code the User must have previously added a payment method in their profile of the Application.
The promotion codes of EUSKOOTERS can be exchanged when the user wishes. However, if a promotion code has an expiration date, it must be exchanged or entered in the section enabled for that purpose in My Promotions before the date indicated in the particular conditions of the promotion. Promotional codes can not be extended or renewed.
The User can consult the active promotions in his profile of the Application, in My Promotions and, occasionally, he will receive notifications and emails from EUSKOOTERS informing him about them if he gives his consent for it.
2.6.2 Free trips for inviting friends to use EUSKOOTERS Services
Accessing your profile in the Application, the User has the option to use the Invite your Friends promotion, always available in My Promotions, where you can share the invitation code exchangeable for five (5) free minutes for the first journey made by the guest, and for another five (5) free minutes for the User himself on a trip. This promotion may be used by the User indefinitely and with the number of people he or she wants. The User may share the code that appears in the Invite your Friends promotion via e-mail or WhatsApp, from the Application, and your guest will receive an invitation link to download and make their first journey in the Application. Once the guest has downloaded the application and registered in it, you can enter the code shared by the user by accessing the section My Promotions, activating in this way the five (5) free minutes that will apply when unlocking your first Euskooter . From this moment, the User will also have this promotion available in his profile, which will be automatically applied when starting his next journey.
Personal invitation codes should only be used for personal and non-commercial purposes. This means that the User can share the invitation link with his friends through social networks whenever he is the owner, individually and individually, of the content through which he is sharing.
The promotion of the reference code through search engine marketing (AdWords, Facebook) is also not allowed.
The reference invitation codes only apply to the first trip of a guest user and are not intended for existing users of EUSKOOTERS.
EUSKOOTERS reserves the right to suspend User accounts and revoke promotions that violate these Terms and Conditions.
3. CONDITIONS OF USE OF THE CONTENT OF THE APPLICATION AND THE WEBSITE
3.1 Services and content of the Application and the Website
The User undertakes to make appropriate and diligent use of the Services and / or contents of the Application, in accordance with these Terms and Conditions and current legislation. EUSKOOTERS will not be responsible for the consequences that may arise from the unauthorized use of the User’s account.
The download of the App in the App Store or Google Play Store will be free. However, additional payments are included within it to make use of the services it offers, of which EUSKOOTERS will always keep the User informed.
The data provided by the User will be necessary for the correct provision and continuous improvement of the Services, as well as to keep you informed about promotions and commercial communications outlined by EUSKOOTERS.
By way of example, and in no case limiting or excluding, the User agrees to:
- Do not access the Application using the name or email of another User or impersonate any person or identity.
- Not to use the Application for fraudulent purposes or illicit activities of any kind.
- Do not use the Application to reuse material that involves a violation of copyrights, trademarks or any other right of EUSKOOTERS or third parties.
- Do not download, send or distribute any other content or applications that may violate any legislation in force or that violate fundamental rights and public freedoms recognized in the Constitution and international treaties or any right of any party.
EUSKOOTERS will have the right to investigate and denounce any of the conducts mentioned in accordance with the Law, as well as to collaborate with the authorities in the investigation of said actions.
EUSKOOTERS reserves the right to deny any attempt to access the Application, suspend or cancel accounts, as well as to eliminate or modify content in cases where there is an incorrect use of the Application.
The User is solely responsible for the security and proper use of his User account, being responsible for all activities that occur under the use of it.
The User guarantees that the personal data provided is truthful and is responsible for communicating to the EUSKOOTERS any modification thereof.
The User will respond, in any case, the veracity of the data provided, reserving the EUSKOOTERS the right to exclude from the Services any User who has provided false information, without prejudice to the other actions that proceed in Law.
In virtue of the foregoing, Users must immediately notify EUSKOOTERS through the email email@example.com any improper use of their name, email, bank details or other information provided to EUSKOOTERS due to circumstances such as theft, loss or unauthorized access to them, in order that EUSKOOTERS may proceed with its cancellation or blocking and / or disqualification as soon as it shows the improper use of your User account. Until such events are reported, EUSKOOTERS shall be exempt from any liability that may arise from the improper use of the names of Users, passwords or payment methods by unauthorized third parties.
EUSKOOTERS reserves the right to suspend or require the User to modify any User name of access to the Application for any reason, and especially if at any time it is considered that there is or may be a fault in the derived security thereof.
EUSKOOTERS does not grant any guarantee nor is liable, under any circumstances, for damages of any kind that may arise from the use of the Application by Users.
Among others, and to a mere enunciative and non-restrictive title, EUSKOOTERS is not responsible for:
- i. Incidents caused by the lack of due diligence on the part of the User or by the improper use of the Application when using the included Services.
- ii. The lack of availability, maintenance and effective operation of the Application, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to access failures, lack of availability or continuity of the operation of the Application.
- iii. The lack of utility of the Application or its contents.
- iv. Illegal, negligent, fraudulent use, contrary to these Terms and Conditions or to good faith, of the Application by other Users.
- v. Cases of force majeure, understood as failure, suspension or interruption of services or use of the Application as a result of energy restrictions, blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunication operators or service, supply or transport companies or any other causes or circumstances independent of the will of EUSKOOTERS that prevent the normal use of the Application.
The recommendations and indications of circulation that are established in the Application are informative and orientative for the User, reason why EUSKOOTERS declines any responsibility for the appearance of errors in this information, although it agrees to take all the measures within its reach to correct as soon as possible the aforementioned errors or omissions after having been informed of them.
EUSKOOTERS does not assume any commitment of continuity of the Application, reason why at any moment it will be able to replace it or simply cease to make it available, without obligation or any responsibility with respect to the User.
With the application available for iOS and Android, there is the possibility that the necessary requirements for both systems (and for any other additional system for which the Application is offered in the future) are modified, so the User must download the updates if you want to continue using the Application.
3.2 Unauthorized use, plagiarism and manipulation of software and hardware
It is totally forbidden to manipulate, try to obtain unauthorized access to, repair, modify, and / or hack into any material, hardware or software of EUSKOOTERS, such as source codes, information included in the Application, the Website and Euskooter itself, for any purpose. The Application, the Website and the Euskooters may be used solely and exclusively within the scope of the Services and for the purposes set forth in this Agreement.
Access and download of the Application will be made through the respective Android or iOS stores. In no case will any license or download through unauthorized third parties be valid.
3.3. Third-party links
The User accepts that the Application may contain links or hyperlinks to web pages or applications owned by third parties. EUSKOOTERS assumes no responsibility for the content, information or services that may appear on these sites, and in no case imply any relationship, acceptance or endorsement between EUSKOOTERS and the persons or entities holding such content or owners of the websites and / or applications where they are.
4. DISCLAIMERS, LIMITATION OF LIABILITY AND ASSUMPTION OF RISK
The User, by means of this Agreement, recognizes and accepts that the use of the Services and, therefore, the use that he gives to the Euskooter, is at his own risk.
Likewise, the User acknowledges and accepts that the Services may present inaccuracies in their development, such as, but not limited to, that the Application and the Euskooters may function with an unforeseen error. In this regard, our maintenance staff, available to Users and the Service during its hours, will do everything possible to ensure that this happens as little as possible.
4.2 Limitación de responsabilidad
By this Agreement, the User acknowledges and accepts that EUSKOOTERS is not responsible for any claim arising out of or related to its misuse or inability to make use of the Services, an infraction of this Agreement or the violation of any applicable legislation the use of the Services.
In no case, EUSKOOTERS will respond for the following assumptions in relation to the Services provided to the User:
- The use of the Euskooters by different person (s) of the User or by persons under 16 years of age or, being over 16 years of age but under age, do not have the authorization of their parents or guardians for the use of the Services.
- Misuse of credit or debit cards by the User, or the unauthorized use of cards owned by the User by third parties.
- Damages due to intentional acts or acts carried out in bad faith by Users, fraud or serious fault or those arising from the infringement or deliberate breach of legal regulations.
- The lucrative use of the Euskooters by the User, as well as any type of commercial, industrial, rental, courier service and / or transport of people or merchandise, and / or the use of the Euskooters for any service to free title or not, of public or private loan by the aforementioned Users.
- The responsibility for acts or actions that fall within the scope of the private and / or family life of the Users.
- Damages caused by circulation of the Euskooter when the User circulates with headphones connected to receiving devices or sound players and / or telephony devices.
- Any claim arising from the breach or infringement of current legislation on the protection of personal data.
- Sanctions, fines and / or penalties of any kind; as well as the payment of fines, sanctions or penalties of any nature imposed by the Courts, Tribunals or competent Authorities, as well as by the consequences of their non-payment.
- Participation in bets, sports or not, races, challenges or contests of any nature or nature, as well as preparatory tests for them.
- Damages that occur in places where the use and / or circulation of electric scooters is not authorized, or for infringement or non-compliance with the rules or ordinances that govern the use and / or circulation of these.
- Damages that occur in a state of intoxication or under the influence of drugs, toxins, narcotics and / or psychotropic substances.
- The use of the Euskooters in any acrobatic exercise or show. The derivatives of the celebration or participation in sports events of amateur, official and / or professional nature, as well as in tests of Freestyle or other modalities.
- Loss, loss, disappearance, theft and / or theft of the goods transported in the Euskooters by the User.
- Damages, damages and / or injuries caused to the User and third parties, while the Euskooters is in a situation of theft, theft, loss, loss, disappearance, theft and / or robbery.
- Damages of any kind caused as a result of punctures, flaking or blowouts suffered by the Euskooters as a consequence of the improper use thereof by Users.
- Damages to belongings or to third parties that could be transported.
- The use by different person / s to the accredited User registered in the Application, or if in the case of an accident the Euskooters will use two or more persons.
- Damage caused by the belongings, goods or merchandise transported in the Euskooters.
- Damages as a result of manipulations by the User of the mechanisms or structures of the Euskooters.
- Claims for damages occurring outside the areas authorized and / or authorized for the circulation of the Euskooters marked in the Application and / or by the different Municipal Ordinances and other applicable regulations.
- Damages that occur due to noncompliance with the regulations of Circulation and other Municipal Laws or Ordinances that regulate the use and circulation of electric scooters and that are applicable to them.
- Claims made for the transmission of infectious diseases of people, all types of diseases derived from any influenza virus, the spread of Bovine Spongiform Encephalopathy (BSE) or any other infectious disease, as well as any damage that originates from the extraction, transfusion and / or preservation of blood or blood plasma and those that result in the acquisition, transmission or transmission of Acquired Immunodeficiency Syndrome (AIDS).
- Damages caused by activities, use or objectives other than skating, as well as the improper use of the Euskooters.
- The improper use of confidential codes or passwords associated with the Application.
- Damages caused by the User during the periods of time when the Services are inoperative so that their normal use is impossible.
4.3 Assumption of Risk
The User is solely responsible for the use that he / she carries out with the Euskooter at all times. In this sense, the User accepts that the Euskooters are electric vehicles whose operation may fail due to causes beyond the control of EUSKOOTERS, even if the Euskooter is correctly maintained by authorized personnel, and that such defective operation can cause injuries.
The User agrees that travelling on an Euskooter carries risks, dangers that may cause injury or death to the User and / or other persons, as well as damage to property, and that such risks and dangers can not always be predicted or avoided. The User accepts that such risks and dangers -not attributable to EUSKOOTERS- are his / her exclusive responsibility, including, among others, choosing whether to wear a helmet or use any other protective equipment. The User accepts that if his use of any of the services causes any injury or damage to another person or property, he may be responsible for the injuries, damages and costs incurred.
4.4 Force Majeure
The User accepts that EUSKOOTERS will not respond for any inaccuracies and problems that may arise during the provision of the Services due to the occurrence of causes of force majeure.
The User shall indemnify and hold EUSKOOTERS harmless from all losses, claims, claims or other procedures arising from the incorrect use of the services and any breach of the Terms and Conditions of this Agreement.
5. INDUSTRIAL AND INTELLECTUAL PROPERTY
The contents shown on the Website and in the Application and especially the designs, texts, graphics, buttons, software, codes, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are subject to intellectual property rights and industrial EUSKOOTERS or third parties who have duly authorized their inclusion in the Application.
At no time can be understood that the use or access to the Website or the Application gives the User any rights over them. Likewise, in no case shall it be understood that any license is granted or resignation, transmission, total or partial transfer of said rights is made or any right or expectation of right is granted, and especially, alteration, exploitation, reproduction, distribution or communication public on said contents without the prior express authorization of the corresponding holders.
The User agrees by means of this Agreement to respect the property rights of EUSKOOTERS, as well as the intellectual and industrial property rights related to the Website and the Application.
6. PROTECTION OF PERSONAL DATA
6.1 Processing of the personal data of the User by EUSKOOTERS
The personal data of the Users that are collected by EUSKOOTERS through the Application are collected in order to (i) be able to provide the Services correctly, as well as to enable continuous improvement thereof and in order to (ii) ) keep you informed about promotions and profiled communications of EUSKOOTERS if the User so wishes in the latter case.
EUSKOOTERS takes the protection of the personal data of the Users very seriously, for which it commits itself to process them in an absolutely confidential way and to use them only for the indicated purposes.
EUSKOOTERS maintains the security levels of personal data protection in accordance with the current regulations applicable to the field of Data Protection and has implemented the security measures of technical and organizational type necessary to ensure the security of personal data and to prevent the loss, misuse, alteration, processing and / or unauthorized access and theft of data that Users provide through of the Application, without prejudice to inform you that the security measures in it are not impregnable.
The personal data of the User may be used to allow the provision of the service offered through the Application and the Website and to send you own commercial communications based on the interests of the User, as long as he grants his consent.
The personal data provided by the User will be kept by EUSKOOTERS as long as the User does not express his wish to withdraw from the Services, provided that after the termination of these, no pending obligation on the part of the User in relation to the Services or the breach of them.
6.2 Rights of the User in relation to their data.
The User has the right to (i) access their personal data, as well as (ii) request the rectification of inaccurate data or, if applicable, (iii) request its deletion, (iv) request the limitation of the processing of their data, (v) oppose the processing of your data (vi) exercise the right to forget your data and (vii) request your portability.
The User may exercise all these rights at the following email address firstname.lastname@example.org indicating the reason for his request.
The User may also send his request by postal mail to the following address: EUSKOOTERS MOBILITY, S.L., Gran Vía de Don Diego Lopez de Haro 56 Offices – Entreplanta D2, 48011 Bilbao (Vizcaya).
6.3 Data security.
EUSKOOTERS has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of data provided by the User through the Application, without prejudice to inform you that security measures on the Internet They are not impregnable.
EUSKOOTERS undertakes to comply with the duty of secrecy and confidentiality with respect to personal data in accordance with the applicable legislation, as well as to grant them secure processing in international transfers and transfers of data that, in the future, may occur.
The App includes a geolocation system whose main purpose is to know the location of the User in order to provide the Services offered through it and enable continuous improvement of them.
Since the App contains an integrated navigation system that indicates to users where to circulate in VMP in accordance with current regulations, it is necessary so that the User himself can see where he is going on the map, how far he is from the points of tourist interest, what is the most suitable route from your location to your desired destination and how long it would take by scooter, etc.
In addition, by having the location permissions active, the User can see how far the scooters are from the point where the user is, and which is the closest to their location of those found in the different rental points from service. If the User does not activate the location permissions, he cannot see the closest scooters and, therefore, he is not allowed to use the service since he could not access (nor, therefore, unlock) any of them.
Likewise, the aim is to allow a more precise traceability of routes than the scooter’s GPS device, both to be able to attend to incidents and to be able to perform anonymous statistics on the busiest routes, in order to implement a mobility service adapted to each place. This only if necessary.
In this way, the User can also follow their own route on the map of the app to check that the path they are following is the correct one and that it circulates on the allowed roads, without exceeding the friendly circulation areas and the authorized perimeter and allowed to use the service.
In short, the activation of the location permits by the user allows him to make correct use of all the functionalities included in the shared rental service for electric scooters offered by EUSKOOTERS.
It is necessary for the User to have the geolocation function of the mobile device activated when accessing the EUSKOOTERS Application in order to use the services. If the User does not have geolocation activated, they will be asked to activate it.
By accepting the Terms and Conditions of use of the Services, the User accepts and gives their express consent for the processing of their geolocation data for the purposes reported.
7. TERM AND TERMINATION
The Terms and Conditions set forth in this Agreement will enter into force between the User and EUSKOOTERS from the first time you use the Services provided by EUSKOOTERS, at which time the User will automatically adhere to them, and it will be indefinite.
7.2 Unilateral resolution of the Agreement by EUSKOOTERS
EUSKOOTERS may, at any time, unilaterally terminate the Agreement without the consent of the User and without prior notice or cause if the User makes a negligent use of the Services. In this sense, EUSKOOTERS reserves the right to cancel the User who does not comply with these Terms and Conditions, and may demand any damages that may arise.
Likewise, EUSKOOTERS reserves the right to interrupt the Services, in whole or in part, at any time, notifying Users and always respecting their acquired rights, except in cases of force majeure.
The User may terminate the use of the Services and cancel his account at any time; However, if EUSKOOTERS has yet to make a charge from the User Services, the account will remain operative until its execution.
This Agreement will remain in full force and effect, in accordance with its Terms and Conditions, after the cancellation of your right to use any of the Services, regardless of how and for what cause the Agreement is canceled.
8. CLAIMS BY THE USER
Any claim related to this Agreement will be made in writing to EUSKOOTERS through the contact information provided below.
9. CONTACT DETAILS
The User can contact EUSKOOTERS and / or notify any matter related to this Agreement by sending an email to email@example.com or by postal mail to the registered office of EUSKOOTERS, located at the following address: EUSKOOTERS MOBILITY, SL, Gran Vía de Don Diego Lopez de Haro 56 Offices, Mezzanine D-2. 48011 Bilbao (Vizcaya).
10. INTEGRAL AGREEMENT AND MODIFICATIONS
The User acknowledges that these Terms and Conditions form the complete, final and exclusive Agreement between EUSKOOTERS and the User with respect to their purpose. This Agreement supersedes any prior agreement between the parties relating to the Services and the information appearing in these Terms and Conditions is current as of the date of its last update. At any time and without the consent of the User, EUSKOOTERS reserves the right to amend, modify or update this Agreement unilaterally, modifying or eliminating information from these Terms and Conditions, in its sole discretion and without prior notice or cause. By continuing to use the Services after any amendment, modification or update, the User agrees to automatically adhere to all such amendments, modifications and updates.
The User must review this Agreement on a regular basis in order to keep abreast of all amendments, modifications and updates. The amounts established for the price of the Services and for the applicable surcharges established in the Application replace all the amounts established in this Agreement.
11. VOLUNTARY INTERPRETATION AND EXECUTION OF THIS AGREEMENT
The User acknowledges that the headings of this agreement do not affect the interpretation of this Agreement. The expression “or” will never be interpreted as exclusive. “Including” means “including, but not limited to”.
The User acknowledges that he has read this Agreement in its entirety and voluntarily, including all the Terms and Conditions, as well as the consequences arising from its breach, being fully aware of the legal and binding effect thereof.
12. APPLICABLE LAW AND JURISDICTION
The User accepts that any dispute arising out of or related to this Agreement, whether with the breach of the Terms and Conditions contained therein or with its object, among others, and unless required by a Law of mandatory application in Any other jurisdiction will be governed by the Laws of Spain and will be resolved exclusively by Spanish Courts, specifically by the competent Courts of the city of Bilbao.