TERMS AND CONDITIONS:
PLEASE READ THIS AGREEMENT CAREFULLY AS IT SETS OUT THE LEGALLY BINDING TERMS AND CONDITIONS YOU AGREE TO COMPLY WITH WHEN USING SERVICES PROVIDED BY EZRIDE MOBILITY ELECTRICAL SCOOTERS RENTAL L.L.C. (“EZRide”). BY USING ANY OF EZRide’s SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THIS AGREEMENT.
Table of contents:
“You”/“Your” means a Registered User of EZRide’s Services.
2 Renting and using the service
2.1 You are a Registered User of EZRide’s Services
You acknowledge and represent that You are (and at all relevant times shall be) a Registered User of EZRide’s Services and are solely responsible for compliance with all terms and conditions in this Agreement. When You activate a Vehicle, the Vehicle must be used only by You. You must not allow any third party to use a Vehicle that You have activated.
2.2 You are at least 18 Years Old.
You represent and certify that You are at least 18 years old. No person under the age of 18 years old may use EZRide’s Services.
2.3 You and the Vehicle are in Good Shape
(c) You must conduct a basic safety check of the Vehicle prior to operation, including an inspection of the Vehicles wheels, brakes, lights, frame, battery level, visual damage and any unusual or excessive wear of any kind. You must not operate a Vehicle if there are any noticeable issues, and You shall immediately notify EZRide in accordance with clause 6 below.
2.4 Vehicles and Services are the Exclusive Property of EZRide
2.5 Availability of the Services
You acknowledge and agree that Vehicles may not be available 24 hours per day, 7 days per week, 365 days per year. You acknowledge and agree that the number of Vehicles are limited and that Vehicle availability at any given time is not guaranteed.
2.6 Operational Areas
You acknowledge and agree that the Vehicles can only be used within the Operational Areas designated on the Application map. Operational Areas are subject to change and may vary over time and between seasons without notice in EZRide’s sole discretion. You must not use the Vehicle in any area where its usage is prohibited by EZRide or any third party, including relevant areas within the Operational Areas.
2.7 Compliance with Local Laws and Regulations
2.8 Restrictions, Limitations and Safety Measures
EZRide strongly advises You to wear a ECE, DOT or Snell (or equivalent) certified helmet that is appropriate for use whilst operating the Vehicle and which has been properly sized, fitted and fastened according to the manufacturer’s instruction at all times when operating the Vehicle, whether required by law or not. EZRide also strongly advises You to wear any other protection equipment as You see fit, for example wrist and knee pads. EZRide does not represent or warrant the quality or safety characteristics of any helmet or other safety equipment and You must make all appropriate enquiries and take all appropriate precautions in this regard.
2.9 Unauthorised Use
You must not tamper with, attempt to gain unauthorized access to any of EZRide’s Services or otherwise act in a manner that does not comply with this Agreement. For the avoidance of doubt, you may not alter, adjust or modify any aspect of a Vehicle, nor may You obscure, cover or apply any materials (including but not limited to paint, branding, logos or other marks) that may interfere with the branding, design, image or overall look of a Vehicle.
2.10 Reporting of Damage and/or Incidents
You must report any accident, crash, damage or personal injury (either to You or a third party’s person or property) resulting wholly or in part from Your use of a Vehicle, or the loss/theft of a Vehicle, to EZRide as as soon as practically possible. You must also file a report with the Dubai Police as soon as practically possible.
2.11 Responsibility for Vehicle Use and Damage
You must return the Vehicle to EZRide in the same condition in which it was rented to You (fair wear and tear excepted). You agree that You will be responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, and/or disbursements of any kind related to Your use of a Vehicle, Your failure to comply with the terms of this Agreement or the loss/theft of a Vehicle as a result of Your actions/omissions.
2.12 Electric Vehicle
3 Payments and Fees
You may use EZRide’s Vehicles on a pay per ride basis, a Subscription basis (subject to availability) or as otherwise specified in the Application. In each case, Fees and other Charges may be subject to applicable any applicable sales taxes (such as VAT) and other local government charges, which shall be charged to You and collected by EZRide. EZRide will charge Your valid payment method (see clause 3.5 below) for the amount of the Fees as described in this Agreement or in the Application. EZRide may offer a number of Subscription plans from time-to-time in its sole discretion, including special promotional Subscriptions with differing conditions and limitations. EZRide reserves the right to amend, suspend or terminate any offered Subscription plans at any time in its sole discretion.
3.2 EZRide Stops
3.3 Promo Codes
3.4 Charges and Maximum Rental Period
3.5 Payment Methods
You must input a valid payment method before Your registration to use the Services will be accepted. Valid payment methods shall be (a) an active credit or debit card, or (b) any other payment method authorised by EZRide from time-to-time in its sole discretion. You agree to immediately inform EZRide of any changes relating to Your payment method. You represent and warrant to EZRide that You are properly authorised to use any payment methods that You provide to EZRide and that Your payment method will at all times have sufficient funds in order to pay for any Rental Fees or Charges that You may occur from time-to-time. You authorize EZRide to charge the payment method for all Fees and Charges incurred in connection with Your account’s use of EZRide’s Services. All Fees and Charges are subject to any applicable sales taxes (such as VAT) and other local government charges, which shall be charged to You and collected by EZRide. If You dispute any charge You must contact EZRide within one (1) month of the date of the disputed charge and provide to EZRide all information that is necessary to investigate the disputed charge, such as the date of the trip and the Activation and Deactivation times. EZRide will then conduct an investigation into the matter and revert to You within a reasonable timeframe.
3.6 Pick Up Charge
If You abandon or Deactivate a Vehicle in a location that does not comply with clause 2.8(g), EZRide reserves the right to charge You a Pick-Up Charge in connection with EZRide recovering the Vehicle and Deactivating it in a permitted location. You will be remain responsible for all relevant Rental Fees and Charges until the Vehicle is Deactivated in a permitted location.
Your Subscription to the Service will automatically renew at the end of Your Subscription term continuously and indefinitely until You cancel Your Subscription, or Your Registered User account is suspended or terminated pursuant to this Agreement. The relevant Subscription Fee will be charged to Your designated payment method automatically at the beginning of Your Subscription term, and at the beginning of each renewal Subscription term thereafter on the calendar day corresponding to the commencement of Your initial Subscription term. The Subscription Fee charged to Your payment method may vary from one Subscription term to the next due to changes in Your Subscription and/or applicable taxes, and You acknowledge and agree that EZRide may charge Your payment method for the relevant Subscription Fee that reflects such variations. Once Your Subscription Fee has been paid, You will be entitled to all privileges included in the Subscription until the Subscription is cancelled by You or Your Registered User account is suspended or terminated pursuant to this Agreement. The renewal Subscription term will be the same length as Your initial Subscription term unless otherwise notified at the time of renewal. EZRide reserves the right to change the Subscription Fees at any time in its sole discretion. In the event of a Subscription Fee change, EZRide will publish the new Subscription Fees on the Website/Application. You acknowledge and agree that EZRide may change the pricing for Your Subscription and any Services offered in Your Subscription by providing You with written notice in advance by email to the address registered to Your account. If You do not wish to accept a Subscription Fee change, You may cancel Your Subscription in writing prior to the relevant renewal date, failing which You will be deemed to have consented to the revised Subscription Fees and acknowledge and agree that EZRide may charge the revised Subscription Fees for subsequent renewals to Your payment method.
If You have any queries or complaints in relation to this Agreement or the Services provided by EZRide, You may contact EZRide at the following email address firstname.lastname@example.org. EZRide will endeavour to respond within 30 days.
7 Notices and disputes
Any and all notices and/or disputes regarding this Agreement shall be in writing and sent to the contact address specified in clause 6 above.
8 Governing law and settlement of disputes
You acknowledge and agree that this Agreement shall be governed by and constructed, construed, performed and enforced in all respect in accordance with the UAE Federal Laws as applied in the Emirate of Dubai and the laws of Dubai, without giving effect to the principles of conflicts of laws of choice of law provisions Any disputes arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof shall be submitted to the exclusive jurisdiction of the courts of Dubai.
9 Disclaimers, limited liability and assumption of risk
EZRide provides the Services with no warranties whatsoever as regards to the Services or the condition of the Vehicles. You acknowledge and agree that You are solely responsible for the safe operation of the Vehicles at all times. All Services, Vehicles, and related equipment are provided on an “as is” and “as available basis,” and You use them entirely at Your own risk. You acknowledge and agree that the Vehicles are electric machines that may malfunction, even if a Vehicle is properly maintained, and that such malfunction may cause injury to You and/or others. You agree that riding the Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You agree that mitigating such risks, dangers, and hazards is Your sole responsibility, including, but not limited to, wearing protective equipment (including a helmet), inspecting each Vehicle before use and taking extra precautions or refraining from using a Vehicle in adverse weather conditions. You agree that if Your use of any of the Services causes any injury or damage to You or another person or property, then You will be solely liable for all resulting injuries, damages, and related costs. By choosing to operate the Vehicle, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that EZRide is not responsible for any injury, damage, or cost caused by You with respect to any person or property, including to You and the Vehicle itself.
9.2 Limited Liability
You acknowledge and agree, to the maximum extent permitted by relevant laws, that EZRide is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use the Services, Your breach of any term of this Agreement, or Your violation of any relevant law, rule or regulation while using the Services.
You will indemnify and hold EZRide harmless from and against any and all actions, claims, demands, losses, damages, liabilities, fines and expenses (including reasonable legal expenses) made against EZRide resulting from or arising out of (a) Your use of the Services, or (b) any breach or alleged by You of any terms of this Agreement.
10 Entire Agreement, modification by EZRide
You acknowledge and agree that this Agreement contains the complete, final, and exclusive integrated agreement between EZRide and You with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. EZRide may unilaterally amend, modify, or change this Agreement, in its sole discretion at any time and from time to time, and without Your consent. Such changes will be published on the Application. You must therefore carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. By continuing to use any of the EZRide Services after publication any amendment, modification, or change has been published on the Application, You have agreed to be bound by all such amendments, modifications, and changes. The pricing in respect of Fees and Charges set forth on the Application supersedes all pricing set forth in this Agreement and on the Website.
If any provision of this Agreement (or part of any provision) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected or impaired as a result of that omission.
12 Contract Interpretation
You acknowledge that the headings in this Agreement do not affect the interpretation of this Agreement. The term “or” is not intended to be exclusive in its meaning. The term “including” means “including, but not limited to.”
13 Legal effect
You acknowledge that You voluntarily read this Agreement, understand the terms and consequences of this Agreement, are fully aware of the legal and binding effect of this Agreement and have voluntarily agreed to enter into it. You acknowledge and agree that by using any of EZRide’s Services, you voluntarily agree to be bound by the terms and conditions of this Agreement.