Welcome to WIZ
Vehicle rental application
E-Scooter Terms of Service
1. General
1.1. These Terms of Service constitute the agreement between you (hereinafter: User) and WIZ SHARING d.o.o., Ukraine, Odesa, Himična 1/27, 65031, Odeska (hereinafter: The Company) area or our affiliated companies in connection with your use of:
(i) Our electric scooters (hereinafter"E-Scooter");
(ii) Our mobile applications for accessing and using e-scooters (hereinafter :the "Application"). The application contains security guidelines related to the use of e-scooters, pricing information and statement on the collection and use of personal data.
(iii) Our other related billing, maintenance, pick-up and similar services (hereinafter: the "Service");
We advise you to carefully read these General Terms of Service and Conditions as well as the Statement on the collection and use of personal data.
1.2 You can contact us at our business address: WIZ SHARING d.o.o., Ukraine, Odesa, Himična 1/27, 65031, Odeska area or through our support team via the chat function in the Application.
1.3. We reserve the right to make changes to amend these General Terms of Service at any time. The amendments will take effect after the publication of the amended General Terms of Service or their additional terms in the Application. Further use of the Services after publication constitutes consent to the amended General Terms of Service.
2. Using the Application
2.1. The use of e-Scooters as well as our services are realized through our Application. The Application is available in English and Croatian. The Application allows the User to find e-Scooters by sharing information about their geographic location. We can track the location of your device through our Application with your prior consent only for the purpose of providing a better Service. If you limit the location of your device, please note that there may be limitations to the functionality of the Application and the provision of our Services.
2.2. The Services available through our Application are available only with an Internet connection. Internet speed can affect the quality of the service and application. To use our Services, it is necessary to install our Application and register a user account. During the installation of the Application, your mobile number and email will be linked to your Account and they will be added to our database. We will update the Application from time to time to provide you with the best possible service.
2.3. In case of any defaults of the Application, We undertake to patch them as soon as possible. However, by agreeing to these General Terms of Service, you confirm that the functionality of the Application may be restricted due to occasional technical errors and we will not able to guarantee unlimited faultless functionality of the Application at all times. We accept no liability for any losses incurred as a consequence of the Application not functioning properly or not being usable in the desired manner.
2.4. If you comply with these General Terms of Service, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Application on Your personal device solely in connection with Your use of the Services.
2.5. We shall provide Services which are designed, delivered and supported according with industry standards and best practices, such as ISO 27001/27002, whenever feasible and not in conflict with other agreed requirements. If credit card data is processed, Payment Card Industry Data Security Standard shall also be applied.
3. User Eligibility and Accounts
3.1 You are eligible to use the Services if:
(i) You have an Account on our Application;
(ii) Your Account is linked with a valid credit or debit card or other payment method supported by the Application;
(iii) You are at least 18 years old or 16 years with a driving licence for category AM or A1.
(iv) You have a valid driver licence when you are using the Services, if such licence is compulsory for the use of the e-Scooter;
(v) You are physically fit, and have the necessary skills and expertise to use, ride and operate e-Scooter, in a safe and competent manner.
3.2. When creating and using Your Account, You agree to use only Your real name, accurate personal and card information for setting up the Account, and keep such information up to date at all times. Also, in order to have or to maintain access to our Services, you agree that we may request you to provide proof of identity in the form of a driver's license image or other identification document issued by the competent authority.
3.3. You are personally responsible for accessing, controlling and the security of your Account, as well as for your username and password, all actions performed with your Account, including but not limited to activating (unlocking), using, deactivating and proper parking of e-Scooters in accordance with these General Terms of Service.
You agree to notify us immediately as soon as you become aware of any unauthorised access to your Account, or any other situation that may cause loss of control of Your Account.
3.4. You agree that we have the right to suspend or disable your User Account to the extent required to:
(i) Secure the lawful use of the Application, including without limitation in cases of fraud prevention, risk assessment, investigation and customer support purposes;
(ii) Ensure Your compliance with these General Terms of Service;
(iii) Comply with laws or orders of a court, law enforcement or other administrative authorities
(iv) as otherwise set forth in the General Terms of Service.
4. Use of e-Scooters
4.1. By unlocking the e-Scooter via the Application, You agree to rent the e-Scooter on a pay-as-you-go basis or through our monthly subscription according to the provisions of these General Terms of Service and in accordance with the fees applicable during the rental period.
4.2. Each time you unlock and use the e-Scooter, you represent and warrant that you have read and fully understood:
(i) the applicable traffic laws and regulations;
(ii) the riding rules in Annex A;
(iii) the safety toolkit;
(iv) the applicable terms and conditions regarding your service area;
(v) that the conditions referred to in Article 3 of these General Terms and Conditions are met;
(vi) E-Scooter and all the equipment contained therein constitutes and remains our exclusive property.
4.3. By unlocking the e-Scooter, You agree that You shall not in any way modify, repair, dismantle or vandalise the e-Scooters or any equipment attached, in any way and that you will use the e-Scooter in accordance with these General Terms including riding rules, the safety toolkit, any instructions, manuals and guidelines displayed in the Application.
4.4. By unlocking the e-Scooter, you undertake and agree that you will not allow third parties to use the e-Scooter you unlocked.
4.5. By unlocking the e-Scooter, you undertake to use it conscientiously and carefully during its use, and to return the Scooter in the same condition as it was at the time of renting within the permitted parking space indicated in the Application. In case the e-Scooter is damaged or if it’s in a deteriorated state after use, the fee established in Article 5 of these General Terms and Conditions shall be charged.
4.6. If the e-Scooter runs out of charging power during rental, You shall terminate the ride in compliance with the instructions stated in the Application and the terms here stated and park the e-Scooter to the permitted parking area.
4.7. You undertake to report to any accident, crash, damage, personal injury, or if e-Scooter is stolen or lost in accordance with Article 10. as soon as possible, but no later than 24 hours. If the incident involves personal injury, property damage, or a stolen e-Scooter, you undertake to file a report with the local police station within 24 hours.
5. Payment and Fees
5.1. We offer different payment options in order to use our services: basic plan, seven-day tariff or through the Prime monthly subscription. Any use of an e-Scooter begins the moment you press the "Unlock" button and ends when you press the "Finish Your Ride" button. Our fees and other charges may be subject to taxes and other local government duties, which may be charged and collected by us.
5.2. We may issue promotional coupons or codes subject to additional terms established on a per promotional code basis ("Promo Codes"). We reserve the right to modify or cancel Promo Codes at any time at Our sole and absolute discretion. We may suspend or cancel Promo Code(s) and Your use of the Application at any time if We have grounds to believe that the use of the Promo Code(s) was fraudulent, illegal or in violation of the applicable Promo Code terms or this Agreement.
5.3. A special fee is charged in cases where the e-Scooter:
(i) is parked outside the Permitted Parking Area. We may charge You a pick-up fee of up to EUR 100 EUR 100 or HRK 753.4 (applicable fixed exchange rate 1 EUR = HRK 7,5340);
(ii) damaged or in deteriorated state. In this case, we may charge you a fee equal to the cost of repairing or replacing the e-Scooter and equipment;
(iii) lost without informing us. You are responsible for all fees and costs of returning the e-Scooter, plus the search fee, depending on the time it takes to find it, but not more than 200 EUR. If the e-Scooter is not found or returned within 48 hours, the e-Scooter is considered lost or stolen, and we may charge you an amount of 600 EUR or HRK 4,520.40 (applicable fixed exchange rate 1 EUR = 7.5340 HRK) per E-Scooter.
5.4. You agree to pay any fines, fees, penalties and/or any other costs incurred by Us as a result of your improper use of the e-Scooter, improper parking or as a result of your violation of laws, rule or regulations while using the Service.
5.5. All the due amounts will be charged from you Chosen Payment Method. If these payment methods fail, other procedures may be employed. You agree to compensate all our reasonable and incurred costs.
5.6. Our Services are paid for through your Chosen Payment Method, which you can indicate and activate in the Application. You agree to be charged through your Account and your chosen payment method all fees and expenses incurred in violation of the provisions of these General Terms and Conditions or in violation of positive laws, rule or regulations.
5.7. In case you have a complaint or objections regarding transactions charged from your chosen payment method, you undertake to contact us in accordance with Article 10 of these General Terms and Conditions within 14 days.
5.8. For credit and debit card payments, We may charge a service fee for each payment that is added to each order of the Services. The service fee is for Visa/Master card service fees. The amount of the service fee is displayed in the Application. Your bank may charge you additionally for Your use of Your credit or debit card which are not shown in the Application. Please note that after You have unlocked an e-Scooter, we automatically pre-authorise an amount from Your credit card to confirm the availability of the payment.
5.9. You undertake to notify Us immediately of any changes relating to Your Chosen Payment Method linked to Your Account that may diminish our ability to charge You pursuant to these General Terms of Service.
6. Liability
6.1. You agree that using any of the Services, e-Scooters and other related equipment is at your exclusive and personal risk, and that We are not responsible for any consequences that may arise from the usage of such Services, e-Scooters and other related equipment. Furthermore, We are not responsible of any claims, demands, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, that you or a third party may suffer as a result of your use of the Services, e-Scooters or other related equipment.
As such, you acknowledge you fully aware of such risks, and in particular that:
(i) riding an e-Scooter involves many obvious and not-so-obvious risks, dangers and other hazards, which may result in injury or death, including damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided;
(ii) the e-Scooter is a machine that may malfunction, even if properly maintained, and that such malfunction may cause injury;
(iii) wearing a helmet and other protective equipment and diligent compliance with the Riding Rules and these General Terms of Service are essential to reduce Your risk of injury and risk of causing injuries or damage to others.
6.2. If while using any of the Services any injury or damage to another person or property is caused, You will be liable for all consequences, claims, demands, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind, whether foreseeable or unforeseeable. If due to your conduct we have to pay any amount to third parties, you undertake and agree to indemnify our company for all incurred losses when those claims.
6.3. We reserve the right to provide a liability insurance arrangement, to cover any liability You might incur regarding injury of third parties or accidental damage of property while using the e-Scooter. If, for any reason, You are not eligible for such an insurance for any reason, You undertake to assume full responsibility for any and all costs caused by You to third parties, including costs pertinent to ambulance transport services, hospital stays and medical treatment.
6.4. All of the Services are provided "as is". We do not warrant or guarantee that any of the Services, e-Scooter, or related equipment, will be in good state or error-free, or that delays, omissions, interruptions or inaccuracies will not occur in relation to any of the Services, e-Scooter, or related equipment. In particular, We do not warrant or endorse in any way:
(i) whether the information stated in the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
(ii) whether any defects or errors in the Services will be repaired or corrected;
(iii) whether the Services will be available at any particular time or Service Area;
(iv) whether Your use of the Services is lawful in any Service Area.
6.5. All implied conditions and warranties of any type in relation to the Services are excluded to the maximum extent allowed by law. Nothing in these General Terms of Service excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be excluded, restricted or modified.
6.6. The liability of this company regarding any claim that may arise from these General Terms of Service, on whatever basis, shall not exceed the amount of 600 EUR or the amount of the fees paid for the rental period during which the accident happned.
6.7. The company and the User bear no responsibility for damages or for delays or failures in performance resulting from circumstances beyond the reasonable control of the non-performing party, including, without limitation an element of nature or an act of God, earthquakes, arson, flood, war, terrorism, civil, sabotage, labour strike or lock-outs, pandemics, epidemics, riots, loss or malfunctioning of utilities or communication services, major cyber-attacks, court orders, act of civil, judicial, administrative or military authorities.
6.8. Affiliates, representatives, directors or employees working for the company are not liable for any loss or damage incurred by the User under these General Terms of Service or while using the Application, including but not limited to:
(i) any direct or indirect property damage or monetary loss;
(ii) interest or damages for loss of reasonably expected profits or for loss of use of property;
(iii) loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from the interruption of the business;
(iv) loss or inaccuracy of data; or
(v) any other type of loss or damage
7. Privacy and Data Protection Policy
7.1. You confirm that any text, image or other information that you provide while using the Services will comply with our Privacy and Data Protection Policy.
7.2. We do not claim ownership over any the User’s Data. The User grants, non-exclusive, royalty-free and licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence and exploit Your Data anywhere and in any form only for the purposes of providing the Services (including, where applicable, allowing other users to view Your Data).
7.3. The usage of the User’s data does not in any way affect the User’s privacy rights. Please see Privacy Policy for information on how the User’s personal information is used.
7.4. We have the right to monitor any of the User’s Data and reject, refuse or delete any data that these General Terms of Service.
8. Rules of Acceptable Use
8.1. In addition to the other provisions of these General Terms of Service, this section describes specific rules that apply while using the Application.
8.2. When using the Application the User must not:
(i) circumvent, disable or otherwise interfere with any security features of the Application;
(ii) permit another person to use the Application on the User’s behalf;
(iii) use the Application if it was suspended or banned;
(iv) advocate, promote or engage in any illegal or unlawful conduct or if such conduct may cause damage or injury to people or property;
(v) modify, interfere, disrupt or hack the Application;
(vi) misuse the Application by knowingly introducing viruses, Trojans, worms or other material which would harm the Application or any other user of the Application;
(vii) collect any data from the Application other than in accordance with these General Terms of Service;
(viii) submit data that contains nudity or violence, or in is obscene, misleading, untrue or offensive in any way;
(ix) submit data the User does not own or have the right to use that may violate the copyright, trademark or other rights of third parties;
(x) use any data in violation of any licensing terms specified by the owner;
(xi) submit any information or commentary about another person without that person's permission;
(xii) threaten, abuse or invade other people’s privacy, or cause annoyance, inconvenience or harass, upset, embarrass, alarm or annoy anyone;
(xiii) use any automated system, including but not limited to 'robots', 'spiders' or 'offline readers' to access the Application in a manner that sends more request messages to the Application than a human can reasonably produce in the same period of time; or
(xiv) any other action which is deemed as inappropriate or inconsistent with the use of the Application.
8.3. Failure to comply with these Rules of Acceptable Use, Riding Rules or Safety Toolkit, constitutes a breach of the General Terms of Service, and may lead to:
(i) immediate, temporary or permanent ban on the Application and/or Services;
(ii) immediate, temporary or permanent removal of any of the User’s Data;
(iii) an official warning;
(iv) legal action against, including the necessary proceedings to recover all costs resulting from the violation;
(v) disclosure of such information to law enforcement authorities if necessary.
9. Governing law
9.1. These General Terms of Service shall be governed by and construed in accordance with the laws and regulations of the Republic of Croatia.
9.2. If the User is a consumer and has habitual residence in the EU, additional protection is afforded by the mandatory provisions of the law of the User’s country of residence. Both the Company and the User submit to the non-exclusive jurisdiction of the courts of Croatia, which means that the User may bring a claim to enforce his consumer protection rights in connection with these General Terms of Service in Croatia or in the EU country in which the User’s lives.
10. Miscellaneous
10.1. Any other communication in connection with these General Terms of Service or Services should be provided through the Application, sent by e-mail to vizsharing@gmail.com or reported through customer support channels made available on Our Application or website.
10.2. We reserve the right to transfer these General Terms of Service and all and all incorporated agreements may be automatically assigned by Us in Our sole and absolute discretion.
1. General
1.1. These Terms of Service constitute the agreement between you (hereinafter: User) and WIZ SHARING d.o.o., Ukraine, Odesa, Himična 1/27, 65031, Odeska (hereinafter: The Company) area or our affiliated companies in connection with your use of:
(i) Our electric scooters (hereinafter"E-Scooter");
(ii) Our mobile applications for accessing and using e-scooters (hereinafter :the "Application"). The application contains security guidelines related to the use of e-scooters, pricing information and statement on the collection and use of personal data.
(iii) Our other related billing, maintenance, pick-up and similar services (hereinafter: the "Service");
We advise you to carefully read these General Terms of Service and Conditions as well as the Statement on the collection and use of personal data.
1.2 You can contact us at our business address: WIZ SHARING d.o.o., Ukraine, Odesa, Himična 1/27, 65031, Odeska area or through our support team via the chat function in the Application.
1.3. We reserve the right to make changes to amend these General Terms of Service at any time. The amendments will take effect after the publication of the amended General Terms of Service or their additional terms in the Application. Further use of the Services after publication constitutes consent to the amended General Terms of Service.
2. Using the Application
2.1. The use of e-Scooters as well as our services are realized through our Application. The Application is available in English and Croatian. The Application allows the User to find e-Scooters by sharing information about their geographic location. We can track the location of your device through our Application with your prior consent only for the purpose of providing a better Service. If you limit the location of your device, please note that there may be limitations to the functionality of the Application and the provision of our Services.
2.2. The Services available through our Application are available only with an Internet connection. Internet speed can affect the quality of the service and application. To use our Services, it is necessary to install our Application and register a user account. During the installation of the Application, your mobile number and email will be linked to your Account and they will be added to our database. We will update the Application from time to time to provide you with the best possible service.
2.3. In case of any defaults of the Application, We undertake to patch them as soon as possible. However, by agreeing to these General Terms of Service, you confirm that the functionality of the Application may be restricted due to occasional technical errors and we will not able to guarantee unlimited faultless functionality of the Application at all times. We accept no liability for any losses incurred as a consequence of the Application not functioning properly or not being usable in the desired manner.
2.4. If you comply with these General Terms of Service, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Application on Your personal device solely in connection with Your use of the Services.
2.5. We shall provide Services which are designed, delivered and supported according with industry standards and best practices, such as ISO 27001/27002, whenever feasible and not in conflict with other agreed requirements. If credit card data is processed, Payment Card Industry Data Security Standard shall also be applied.
3. User Eligibility and Accounts
3.1 You are eligible to use the Services if:
(i) You have an Account on our Application;
(ii) Your Account is linked with a valid credit or debit card or other payment method supported by the Application;
(iii) You are at least 18 years old or 16 years with a driving licence for category AM or A1.
(iv) You have a valid driver licence when you are using the Services, if such licence is compulsory for the use of the e-Scooter;
(v) You are physically fit, and have the necessary skills and expertise to use, ride and operate e-Scooter, in a safe and competent manner.
3.2. When creating and using Your Account, You agree to use only Your real name, accurate personal and card information for setting up the Account, and keep such information up to date at all times. Also, in order to have or to maintain access to our Services, you agree that we may request you to provide proof of identity in the form of a driver's license image or other identification document issued by the competent authority.
3.3. You are personally responsible for accessing, controlling and the security of your Account, as well as for your username and password, all actions performed with your Account, including but not limited to activating (unlocking), using, deactivating and proper parking of e-Scooters in accordance with these General Terms of Service.
You agree to notify us immediately as soon as you become aware of any unauthorised access to your Account, or any other situation that may cause loss of control of Your Account.
3.4. You agree that we have the right to suspend or disable your User Account to the extent required to:
(i) Secure the lawful use of the Application, including without limitation in cases of fraud prevention, risk assessment, investigation and customer support purposes;
(ii) Ensure Your compliance with these General Terms of Service;
(iii) Comply with laws or orders of a court, law enforcement or other administrative authorities
(iv) as otherwise set forth in the General Terms of Service.
4. Use of e-Scooters
4.1. By unlocking the e-Scooter via the Application, You agree to rent the e-Scooter on a pay-as-you-go basis or through our monthly subscription according to the provisions of these General Terms of Service and in accordance with the fees applicable during the rental period.
4.2. Each time you unlock and use the e-Scooter, you represent and warrant that you have read and fully understood:
(i) the applicable traffic laws and regulations;
(ii) the riding rules in Annex A;
(iii) the safety toolkit;
(iv) the applicable terms and conditions regarding your service area;
(v) that the conditions referred to in Article 3 of these General Terms and Conditions are met;
(vi) E-Scooter and all the equipment contained therein constitutes and remains our exclusive property.
4.3. By unlocking the e-Scooter, You agree that You shall not in any way modify, repair, dismantle or vandalise the e-Scooters or any equipment attached, in any way and that you will use the e-Scooter in accordance with these General Terms including riding rules, the safety toolkit, any instructions, manuals and guidelines displayed in the Application.
4.4. By unlocking the e-Scooter, you undertake and agree that you will not allow third parties to use the e-Scooter you unlocked.
4.5. By unlocking the e-Scooter, you undertake to use it conscientiously and carefully during its use, and to return the Scooter in the same condition as it was at the time of renting within the permitted parking space indicated in the Application. In case the e-Scooter is damaged or if it’s in a deteriorated state after use, the fee established in Article 5 of these General Terms and Conditions shall be charged.
4.6. If the e-Scooter runs out of charging power during rental, You shall terminate the ride in compliance with the instructions stated in the Application and the terms here stated and park the e-Scooter to the permitted parking area.
4.7. You undertake to report to any accident, crash, damage, personal injury, or if e-Scooter is stolen or lost in accordance with Article 10. as soon as possible, but no later than 24 hours. If the incident involves personal injury, property damage, or a stolen e-Scooter, you undertake to file a report with the local police station within 24 hours.
5. Payment and Fees
5.1. We offer different payment options in order to use our services: basic plan, seven-day tariff or through the Prime monthly subscription. Any use of an e-Scooter begins the moment you press the "Unlock" button and ends when you press the "Finish Your Ride" button. Our fees and other charges may be subject to taxes and other local government duties, which may be charged and collected by us.
5.2. We may issue promotional coupons or codes subject to additional terms established on a per promotional code basis ("Promo Codes"). We reserve the right to modify or cancel Promo Codes at any time at Our sole and absolute discretion. We may suspend or cancel Promo Code(s) and Your use of the Application at any time if We have grounds to believe that the use of the Promo Code(s) was fraudulent, illegal or in violation of the applicable Promo Code terms or this Agreement.
5.3. A special fee is charged in cases where the e-Scooter:
(i) is parked outside the Permitted Parking Area. We may charge You a pick-up fee of up to EUR 100 EUR 100 or HRK 753.4 (applicable fixed exchange rate 1 EUR = HRK 7,5340);
(ii) damaged or in deteriorated state. In this case, we may charge you a fee equal to the cost of repairing or replacing the e-Scooter and equipment;
(iii) lost without informing us. You are responsible for all fees and costs of returning the e-Scooter, plus the search fee, depending on the time it takes to find it, but not more than 200 EUR. If the e-Scooter is not found or returned within 48 hours, the e-Scooter is considered lost or stolen, and we may charge you an amount of 600 EUR or HRK 4,520.40 (applicable fixed exchange rate 1 EUR = 7.5340 HRK) per E-Scooter.
5.4. You agree to pay any fines, fees, penalties and/or any other costs incurred by Us as a result of your improper use of the e-Scooter, improper parking or as a result of your violation of laws, rule or regulations while using the Service.
5.5. All the due amounts will be charged from you Chosen Payment Method. If these payment methods fail, other procedures may be employed. You agree to compensate all our reasonable and incurred costs.
5.6. Our Services are paid for through your Chosen Payment Method, which you can indicate and activate in the Application. You agree to be charged through your Account and your chosen payment method all fees and expenses incurred in violation of the provisions of these General Terms and Conditions or in violation of positive laws, rule or regulations.
5.7. In case you have a complaint or objections regarding transactions charged from your chosen payment method, you undertake to contact us in accordance with Article 10 of these General Terms and Conditions within 14 days.
5.8. For credit and debit card payments, We may charge a service fee for each payment that is added to each order of the Services. The service fee is for Visa/Master card service fees. The amount of the service fee is displayed in the Application. Your bank may charge you additionally for Your use of Your credit or debit card which are not shown in the Application. Please note that after You have unlocked an e-Scooter, we automatically pre-authorise an amount from Your credit card to confirm the availability of the payment.
5.9. You undertake to notify Us immediately of any changes relating to Your Chosen Payment Method linked to Your Account that may diminish our ability to charge You pursuant to these General Terms of Service.
6. Liability
6.1. You agree that using any of the Services, e-Scooters and other related equipment is at your exclusive and personal risk, and that We are not responsible for any consequences that may arise from the usage of such Services, e-Scooters and other related equipment. Furthermore, We are not responsible of any claims, demands, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, that you or a third party may suffer as a result of your use of the Services, e-Scooters or other related equipment.
As such, you acknowledge you fully aware of such risks, and in particular that:
(i) riding an e-Scooter involves many obvious and not-so-obvious risks, dangers and other hazards, which may result in injury or death, including damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided;
(ii) the e-Scooter is a machine that may malfunction, even if properly maintained, and that such malfunction may cause injury;
(iii) wearing a helmet and other protective equipment and diligent compliance with the Riding Rules and these General Terms of Service are essential to reduce Your risk of injury and risk of causing injuries or damage to others.
6.2. If while using any of the Services any injury or damage to another person or property is caused, You will be liable for all consequences, claims, demands, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind, whether foreseeable or unforeseeable. If due to your conduct we have to pay any amount to third parties, you undertake and agree to indemnify our company for all incurred losses when those claims.
6.3. We reserve the right to provide a liability insurance arrangement, to cover any liability You might incur regarding injury of third parties or accidental damage of property while using the e-Scooter. If, for any reason, You are not eligible for such an insurance for any reason, You undertake to assume full responsibility for any and all costs caused by You to third parties, including costs pertinent to ambulance transport services, hospital stays and medical treatment.
6.4. All of the Services are provided "as is". We do not warrant or guarantee that any of the Services, e-Scooter, or related equipment, will be in good state or error-free, or that delays, omissions, interruptions or inaccuracies will not occur in relation to any of the Services, e-Scooter, or related equipment. In particular, We do not warrant or endorse in any way:
(i) whether the information stated in the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
(ii) whether any defects or errors in the Services will be repaired or corrected;
(iii) whether the Services will be available at any particular time or Service Area;
(iv) whether Your use of the Services is lawful in any Service Area.
6.5. All implied conditions and warranties of any type in relation to the Services are excluded to the maximum extent allowed by law. Nothing in these General Terms of Service excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be excluded, restricted or modified.
6.6. The liability of this company regarding any claim that may arise from these General Terms of Service, on whatever basis, shall not exceed the amount of 600 EUR or the amount of the fees paid for the rental period during which the accident happned.
6.7. The company and the User bear no responsibility for damages or for delays or failures in performance resulting from circumstances beyond the reasonable control of the non-performing party, including, without limitation an element of nature or an act of God, earthquakes, arson, flood, war, terrorism, civil, sabotage, labour strike or lock-outs, pandemics, epidemics, riots, loss or malfunctioning of utilities or communication services, major cyber-attacks, court orders, act of civil, judicial, administrative or military authorities.
6.8. Affiliates, representatives, directors or employees working for the company are not liable for any loss or damage incurred by the User under these General Terms of Service or while using the Application, including but not limited to:
(i) any direct or indirect property damage or monetary loss;
(ii) interest or damages for loss of reasonably expected profits or for loss of use of property;
(iii) loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from the interruption of the business;
(iv) loss or inaccuracy of data; or
(v) any other type of loss or damage
7. Privacy and Data Protection Policy
7.1. You confirm that any text, image or other information that you provide while using the Services will comply with our Privacy and Data Protection Policy.
7.2. We do not claim ownership over any the User’s Data. The User grants, non-exclusive, royalty-free and licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence and exploit Your Data anywhere and in any form only for the purposes of providing the Services (including, where applicable, allowing other users to view Your Data).
7.3. The usage of the User’s data does not in any way affect the User’s privacy rights. Please see Privacy Policy for information on how the User’s personal information is used.
7.4. We have the right to monitor any of the User’s Data and reject, refuse or delete any data that these General Terms of Service.
8. Rules of Acceptable Use
8.1. In addition to the other provisions of these General Terms of Service, this section describes specific rules that apply while using the Application.
8.2. When using the Application the User must not:
(i) circumvent, disable or otherwise interfere with any security features of the Application;
(ii) permit another person to use the Application on the User’s behalf;
(iii) use the Application if it was suspended or banned;
(iv) advocate, promote or engage in any illegal or unlawful conduct or if such conduct may cause damage or injury to people or property;
(v) modify, interfere, disrupt or hack the Application;
(vi) misuse the Application by knowingly introducing viruses, Trojans, worms or other material which would harm the Application or any other user of the Application;
(vii) collect any data from the Application other than in accordance with these General Terms of Service;
(viii) submit data that contains nudity or violence, or in is obscene, misleading, untrue or offensive in any way;
(ix) submit data the User does not own or have the right to use that may violate the copyright, trademark or other rights of third parties;
(x) use any data in violation of any licensing terms specified by the owner;
(xi) submit any information or commentary about another person without that person's permission;
(xii) threaten, abuse or invade other people’s privacy, or cause annoyance, inconvenience or harass, upset, embarrass, alarm or annoy anyone;
(xiii) use any automated system, including but not limited to 'robots', 'spiders' or 'offline readers' to access the Application in a manner that sends more request messages to the Application than a human can reasonably produce in the same period of time; or
(xiv) any other action which is deemed as inappropriate or inconsistent with the use of the Application.
8.3. Failure to comply with these Rules of Acceptable Use, Riding Rules or Safety Toolkit, constitutes a breach of the General Terms of Service, and may lead to:
(i) immediate, temporary or permanent ban on the Application and/or Services;
(ii) immediate, temporary or permanent removal of any of the User’s Data;
(iii) an official warning;
(iv) legal action against, including the necessary proceedings to recover all costs resulting from the violation;
(v) disclosure of such information to law enforcement authorities if necessary.
9. Governing law
9.1. These General Terms of Service shall be governed by and construed in accordance with the laws and regulations of the Republic of Croatia.
9.2. If the User is a consumer and has habitual residence in the EU, additional protection is afforded by the mandatory provisions of the law of the User’s country of residence. Both the Company and the User submit to the non-exclusive jurisdiction of the courts of Croatia, which means that the User may bring a claim to enforce his consumer protection rights in connection with these General Terms of Service in Croatia or in the EU country in which the User’s lives.
10. Miscellaneous
10.1. Any other communication in connection with these General Terms of Service or Services should be provided through the Application, sent by e-mail to vizsharing@gmail.com or reported through customer support channels made available on Our Application or website.
10.2. We reserve the right to transfer these General Terms of Service and all and all incorporated agreements may be automatically assigned by Us in Our sole and absolute discretion.
