This agreement “Agreement” sets forth the legally binding terms and conditions for Your use of the Services provided by Zap Scooters AS (“Umiigo”). The purpose of this Agreement is to regulate the Services provided by Umiigo, which is to offer electrical scooters to people registered in the Umiigo Scooters App.
For Your use of the Services, Umiigo requires that You (“You”) agree to all terms and conditions in this Agreement, as applicable.
• “Agreement” means this agreement.
• “Scooters” means the Umiigo electrical scooters.
• “Services” means the Scooters, Website, Umiigo App and its related services as described in the Website and the Umiigo App and made available through the Website or the Umiigo App, together with any other related equipment services, and information made available by Umiigo.
• “Usage Area” is the areas defined and designated in the Umiigo App in which the Scooters may be operated and made available.
• “Umiigo” means Zap Scooters AS, business registration number 921678649, Professor Olav Hanssens vei 7a, 4021 Stavanger, Norway.
• “Umiigo App” means Umiigo’s proprietary software applications accessible via computer or mobile device and by which You may access the Scooter.
• “Website” means the Umiigo website www.umiigo.com
Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Euro (€).
1.1 Parties to the Agreement.
You and Umiigo are the sole parties to this Agreement. You are the sole user of the Services and thereby You are solely responsible for compliance with all terms and conditions set out in this Agreement. You must not allow any others to operate the Scooter.
1.2 You are at least 18 years old.
You represent and certify that You are at least 18 years of age.
1.3 You and the Scooter is in good shape
You hereby represent and certify that You are physically fit and reasonably competent to operate the Scooter. You assume all responsibilities and risks for any injuries or medical conditions when choosing to operate the Scooter.
You are solely responsible for determining Your general ability, medical condition, weather conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, and/or other factors that can generate any risk to operate a Scooter. You understand that you, depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate Your speed, riding behavior and braking distance.
You acknowledge that You shall conduct a basic safety check of the Scooter, including an inspection of the Scooters wheels, brakes, lights, frame, battery level, check for visual damage and any unusual or excessive wear of any kind. You agree not to operate the Scooter if there are any noticeable issues, and to immediately notify Umiigo in accordance with article 7 below.
1.4 The Services is the exclusive property of Umiigo.
You agree that the Services, e.g. the Scooter, the Umiigo App, the Website, information including all associated intellectual property rights, provided and made available by Umiigo, at all times, remain the exclusive property of Umiigo and You may not in any way use Umiigo’s exclusive property for commercial or any other purposes without Umiigo’s written consent.
1.5 Availability of the Services.
You accept and acknowledge that the Scooters are not available 24 hours a day, 7 days/week, 365 days per year. Scooters must be rented and deactivated within the maximum rental time of 24 hours. The number of Scooters are limited and Scooter availability is never guaranteed. Availability may differ between different Usage Areas. You accept that Umiigo temporarily may cease operations in some Usage Areas, and thereby limit or nullify the availability of the Scooters, due to seasonal conditions in that Usage Area, as well as reasons such as, but not limited to, maintenance and demand.
Access to the Services may also be limited or restricted due to seasonal conditions, maintenance, availability of Scooters, force majeure, actions taken by Umiigo, and other circumstances preventing Umiigo from providing the service.
You accept that Umiigo may require You to deactivate a Scooter at any time.
1.6 Scooter may be only be operated in certain areas.
In order to use the Services and operate a Scooter, you must register and activate a Scooter through Your Umiigo App. After activating the scooter, the rental time commences. In order to stop the rental time of the Scooter, you must deactivate the Scooter through the Umiigo App. You cannot activate any Scooter that is, by any reason, placed or taken outside the Usage Area.
You agree to only operate and deactivate the Scooter within the Usage Area in which it has been activated. You acknowledge that each Usage Area is subject to change and may vary over time and season. You agree to not use, bring or deactivate the Scooter in any area, including places within the Usage Area, prohibiting its usage. You are not allowed to operate, carry or transfer the Scooter between different Usage Areas.
You agree that Umiigo does not provide or maintain places to operate Scooters, and that Umiigo does not guarantee that there will be a safe place to operate a Scooter. You understand that roads, sidewalks, and bike lanes may not suitable to operate the Scooter and may become increasingly dangerous due to weather, traffic, and/or other hazards.
1.7 You agree to comply with local laws and regulations regarding operation of the Scooter.
You agree to operate and deactivate the Scooter in compliance with any locally applicable laws, regulations and rules pertaining the operation of Scooters in the Usage Area where you are operating the Scooter. You understand that you are solely responsible and liable for any violation of any laws, regulations and rules while using the Services and operating the Scooter.
1.8 Restrictions, limitations and safety measures while operating a scooter.
You agree to not operate the Scooter while carrying any items that might impede Your ability to safely operate the Scooter, including but not limited to, backpacks, bags, briefcases or packages.
You are not permitted to carry a second person, child or animal on the Scooter.
While riding a Scooter, You must not use any mobile device, including but not limited to, telephones, text messaging devices, media players, or other device(s) that may distract You or impede You from safely operating the Scooter.
You agree not to operate a Scooter while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate a Scooter.
You may not in any way lock or hide the Scooter unless the Scooter is activated. When the Scooter is returned and deactivated, the Scooter must be fit for immediate operation by other users.
The Scooter must be deactivated and parked in lawful areas, i.e. the Scooter cannot be parked on private property, in a locked area/non-public space or in conflict with local traffic and/or other regulations. When Deactivated and parked, the Scooter must be in a visible space.
Umiigo recommends that You wear a CE-standard, equivalent or a higher standard helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions and any and all other suitable protective equipment when operating the Scooter.
You may never exceed the maximum weight of 100 kg (kilograms) while operating the Scooter. The maximum weight includes all luggage or other items carried by You in compliance with this Agreement.
You agree that You will not use the Scooter for competitions, races or equivalent events, including both professional and non professional stunt or trick riding.
You agree that You will not operate the Scooter on unpaved roads, in mountainous terrain, through water and/or ponds, or in any location that is prohibited, illegal and/or a nuisance to any third party.
1.9 Unauthorized use, tampering and hacking.
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair, any Umiigo material or hardware, source-codes, information, including the Umiigo App, Website and Scooter, for any purposes. The Umiigo App, Website and the Scooter may only be used for the purposes pursuant to this Agreement.
1.10 Reporting incidents.
You must report any accident, crash, damage, personal injury, stolen or lost Scooter, to Umiigo as soon as possible.
If a crash involves third party personal injury, property damage, or any other third party damages, You shall report the incident to the local police department as soon as possible. This also applies if the Scooter is stolen while activated by You.
1.11 Lost or Stolen Scooter.
A Scooter activated by You may be considered lost or stolen if (1.) the Scooter is not deactivated in accordance with this Agreement within 24 consecutive hours, (2.) the Scooter’s GPS unit is disabled, (3.) the Scooter is parked in violation with this Agreement, i.e. in a locked area, outside the Usage Area or in a non-public space for more than ten minutes after deactivation, (4.) the Scooter moves after deactivation has ended and Umiigo has reason to believe such movement was not caused by another user or authorized third party, or (5.) other facts and circumstances that in good faith and with reason suggest that a Scooter has been lost or stolen.
You must report Scooter disappearance or theft to Umiigo immediately or as soon as possible.
Umiigo and You agree that the last operator of a Scooter shall be responsible for a lost or stolen Scooter unless circumstances presented to Umiigo provide sufficient evidence to free the last operator from responsibility.
If Umiigo deems a Scooter lost or stolen, Umiigo shall have the authority to take any and all actions it deems appropriate towards You, the last operator of a Scooter, the Scooter or other applicable subject. Actions may include, but are not limited to, obtaining restitution and other appropriate compensation (damages), and filing a police report with local authorities.
1.12 Responsibility for damages.
You agree to return the Scooter to Umiigo in the same condition in which it was rented. You will not be responsible for normal wear and tear.
You agree that You are responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, or disbursements of any kind or nature whatsoever related to a stolen or lost Scooter.
1.13 Electric vehicle.
You acknowledge that Scooter is an electric vehicle that requires being handled safely and prudently in regards to being an electronic product. You acknowledge that the Scooter is in need of periodic charging in order to operate. You understand and agree with each of the following:
The battery level remaining in the Scooter will decrease with operation of the Scooter, and that operational capabilities and speed may decrease or cease in their entirety as the level battery level decreases.
Umiigo does not guarantee any battery level in the Scooter at the time you activate it. You also understand that the battery level will vary with each rental.
The decrease rate of the battery level may vary and differ from time to time due to different factors such as Scooter and battery condition, weather conditions, road conditions and/or other varying factors.
It is Your responsibility to check the battery level in the Scooter to ensure that it is adequate before initiating operation of the Scooter.
Any distance, speed and/or time that You may operate the Scooter before power level is null is not in any way guaranteed by Umiigo. Umiigo does not guarantee that the Scooter will not run out of power during Your rental.
2. PAYMENT AND FEES
Your rent of the Scooter is on a pay per ride basis or as otherwise in accordance with the pricing as described in the Umiigo App. In each case, fees and other charges may be subject to applicable taxes and government charges, which may be charged and collected by Umiigo. Umiigo will charge the Your credit, debit card or other agreed payment methods the amount of the fees as described in this Agreement or in the Umiigo App.
2.2 Discounts and promotion codes.
Promotion codes (discounts) are one-time offers and can only be redeemed via Umiigo App. Umiigo reserves the right to modify or cancel discounts at any time without notice. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded.
2.2.1 Using promotions and codes
Umiigo offers special promotions to provide discounts on rides to riders. To apply a promotional discount to a trip’s fare, enter the promo code anytime before your trip begins. To use a code you have to had added a credit card.
Valid promo codes value are automatically added to your Credits account. To check your credits balance, select “Profile” from your app menu. Then check “Umiigo Credits”.
Umiigo credits can be applied whenever you want. However, if a promo code has an expiration date, it needs to be redeem before that date. Promo codes cannot be extended or renewed.
If you have a free ride on your account, this will automatically be your next trip. Free rides cannot be toggled off.
Except otherwise set in the Promotion, discount codes and promotions have an expiration date after which they can not be redeemed. Umiigo codes and promotions are not valid for Umiigo employees or providers of services.
2.2.1 Share Umiigo and get free rides
Share your personal invite code with friends to earn credits. Select UMIIGO CREDITS from your app menu to view your invite code. When a friend completes a first trip with Umiigo, your account receives Umiigo credits.
You can share your code by tapping “Send Code” and selecting one of the options available. These include text, email, sharing on social media or copying your personal invite code.
Personal invite codes should only be used for personal and non-commercial purposes. This means you can share your invite link with your personal connections via social media as long as you are the primary content owner.
Public distribution on sites where you are a contributor but not the primary content owner is not permitted. Promoting your referral code via search engine marketing (for example, AdWords, Facebook) is also not permitted.
Referral promotion codes are only applicable to an invited user’s first ride and not intended for existing users. Existing users attempting to take advantage of the referral program may have their referral promotions disabled.
Umiigo reserves the right to suspend rider accounts and revoke referral promotions that violate these terms.
2.3 Charges and rental times.
Maximum time per rental time with the Scooter is 24 hours. You agree that You will deactivate the Scooter and thereby end the rental within 24 hours from activation. After deactivating the Scooter, You may initiate a new rental by activating the Scooter again. You acknowledge that You are solely responsible for deactivating the Scooter within the 24 hour time frame. The maximum charge for a full 24 hour rental is €100. After deactivating the Scooter, You will be charged the accumulated rental charges, or the maximum 24 hour rental charge; whichever is less. Scooters not deactivated within 48 hours will be considered lost or stolen, and You may be charged up to €500. Umiigo may also file a police report. Umiigo may also charge a service fee of €250 for rentals in excess of 24 hours where the Scooter is not lost or stolen.
2.4 Payment methods
You must provide Umiigo with information and details to a valid credit or debit card in order to register to use the Services. You represent and guarantee to Umiigo that You are authorized to use any credit or debit card information You provide. You authorize Umiigo to charge the provided card for all fees that You incur. All fees are subject to applicable taxes and other local government charges, which may be charged and collected by Umiigo.
In order to dispute any and all charges by Umiigo to the credit or debit card provided by You, You must contact Umiigo within 2 months from the date of the disputed charge, provide to Umiigo any information Umiigo finds necessary, such as the date of the trip and the approximate starting and ending times.
You agree to without any delay inform Umiigo of all changes related to the card which you provided Umiigo.
2.5 Recovery fees.
If You are unable to deactivate a Scooter in a valid spot (i.e. You deactivate the Scooter on private property, a locked community, an unreachable area, outside the Usage Area or otherwise in violation with this Agreement), and request that the Scooter be recovered by Umiigo staff, Umiigo, at its sole discretion, may choose to charge You a recovery fee up to €100. If any Scooter activated under Your account is abandoned without notice, You will be responsible for all trip fees until the Scooter is recovered and deactivated, plus a service charge (currently €100) to recover the Scooter. All fees are subject to change.
3. DISCLAIMERS, LIMITATION OF LIABILITY AND ASSUMPTION OF RISK
You do hereby acknowledge and agree that Your use of the Service and operation of the Scooters is at Your sole risk. Umiigo provide the Services with no warranties whatsoever in regards to the Services.
You do hereby recognize and acknowledge that the Services may present You with inaccuracies in regards to the Services, such as, for example but not limited to, that the Scooters may be in any condition and may not run error free.
3.2 Limited liability
You do hereby acknowledge and agree, with the limitation of applicable law, that Umiigo is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use the Services, a breach of this Agreement, or Your violation of any law while using the Services.
3.3 Your Assumption of Risk.
You are solely and fully responsible for the safe operation of the Scooter at all times.
You agree that Scooters are electric machines that may malfunction, even if the Scooter is properly maintained, and that such malfunction may cause injury. You agree that riding a Scooter and the Services involve 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. You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by local law or utilize other protective gear. You agree that if Your use of any of the Services causes any injury or damage to another person or property, then You may be liable for all resulting injuries, damages, and related costs. By choosing to operate a Scooter, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that Umiigo are not responsible for any injury, damage, or cost caused by You with respect to any person or property, including the Scooter itself.
You will indemnify and hold Umiigo free from all losses, suits, claims or other proceedings arising out of or relating to Your use of the Services and any breach of the terms of this Agreement.
5. TERM AND TERMINATION
The term of this agreement enters into force between You and Umiigo from the first time You use the Services provided by Umiigo and is in force for as long as You use the Services provided by Umiigo, and the term ends 10 years after Your last use of the Service.
5.2 Termination of contract by Umiigo.
Umiigo may at any time and for any duration unilaterally terminate Your right to use the Services, without Your consent and without any notice or cause.
You may terminate Your use of the Services at any time; provided, however, that (1.) no refund will be provided by Umiigo, (2.) the term of this Agreement continues in accordance with this Agreement, (3.) You may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Service, regardless of how the Agreement is terminated.
Any and all disputes regarding this Agreement shall be made in written form to the contact information given in Article 7 below.
Umiigo can be contacted by emailing hello@Umiigo.com, or by regular mail to Umiigo’s physical postaddress Umiigo Scooters AS, Professor Olav Hanssens vei 7a, 4021 Stavanger, Norway.
8. GOVERNING LAW AND JURISDICTION
You agree that any disputes arising out of or relating to the Agreement, the breach thereof, or the subject matter thereof, unless otherwise required by a mandatory law in any other jurisdiction, shall be governed by the laws of Norway and be settled exclusively by Norwegian courts, with the Stavanger District Court (Stavanger tingrett) as the court of first instance.
9. FINAL AGREEMENT AND MODIFICATIONS
You acknowledge that this Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Umiigo may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any prior notice or cause. By continuing to use any Service after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. The pricing set forth on in the Umiigo App supersedes all pricing set forth in this Agreement.
10. INTERPRETATION AND VOLUNTARY EXECUTION OF THIS AGREEMENT
You acknowledge that the headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not be exclusive in its meaning. “Including” means “including, but not limited to.”
You acknowledge that You voluntarily have read this Agreement, understand the terms and consequences of this Agreement, and You are fully aware of the legal and binding effect of this Agreement.