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  1. Definitions:

Agreement/Terms and Conditions – represents the present regulation of use of the App and the Product by the Customer, regarding which the latter expresses his consent in the sense of accepting all the provided clauses.

App – refers to the E-TWOW RideSharing app available for download in GooglePlay/AppStore, on mobile terminals, through which the Customer can rent the Product.

E-TWOW – E-TWOW Electric Mobility S.A., Romanian legal company, based in Craiova, str. Calea București, no. 21, 200678, Dolj County, registered at Trade Register under no. J16/176/02.02.2015, Tax code RO 34049319, also referred to in this Agreement also the Owner or Lessor, the legal person in Romania that makes available to Customers, for rent, electric scooters E-TWOW.

Customer – the natural or legal person using the App by creating an account and beneficiary of the services for which he pays the rental fee.

Product – any of the E-TWOW electric scooters made available for rent by E-TWOW through the App.

Service – The rental service provided by E-TWOW to all Customers, according to the options available in the App and in accordance with this Agreement, representing each provision of the Product for an individual Unit of Time, as well as the use of the App and all other equipment related, maintenance, loading, personnel, our websites (including this one), and any other information, technology and services provided or otherwise made available.

Time Unit – The length of time set according to the options set by E-TWOW and available in the App for which the Product Rental Rate applies.

Rental Rate – The amount of money paid by the Customer, as rent for the use of the Product for a Unit of Time.

Wallet – The “wallet” function that is accessed from the App menu. It is used to pay the rental fee by supplying a certain amount of money by means of a bank card, at the express instruction of the Customer, the amount of which is deducted from the value of the rental fee.

Pickup/return station/points – The location specially arranged for this purpose and indicated accordingly in the App, from which the Customer can take over the use of the Product and where he has the obligation to return it at the end of use.

 

  1. Scope of this Agreement:

This Agreement is applicable to the legal rental relationship between us, E-TWOW, and Customer, as it arises, upon acceptance of this Agreement from using the App and the Product provided by E-TWOW.

The terms of this Agreement govern the use by you, the Customer, of our Service and Product, so please read them carefully. By using our Service (including using our App or just creating a customer account, for example), you agree to the terms of this Agreement, expressing your declaration that you are of legal age to enter into legal deeds. You also agree that you have the authority to accept the terms of this Agreement, whether in person or on behalf of a third party or entity that you have included in your customer account registration.

If you do not agree with the terms of this Agreement, you may not use our Services. E-TWOW reserves the right to change the terms of this Agreement according to our unilateral will, and the revised version will take effect when published on the Website or in the App or made available to you otherwise. The revised agreement replaces any previous versions. Although we will give you prior notice of any essential revisions, we recommend that you regularly review the section containing the Terms and Conditions, as your continued use of the Service provided by E-TWOW pursuant to the App after any revision of the Agreement constitutes your agreement to the applicability of the revised form of the Agreement and the legal relationship between you and E-TWOW, even if it was born before the date of the revision. After creating the account, allowing us to use our App and Products is our agreement to enter into the contract. This Agreement also expressly supersedes any prior agreements or conventions we may have with you. We also reserve the right to terminate your legal relationship with you or to terminate, in part, the provision of the Service to you or we prohibit or limit your access to the App, unilaterally, in accordance with the terms of this Agreement.

 

  1. Service:

The purpose of the Service is to make available to Customers in a certain geographical area the possibility of access to an intelligent and accessible mobility solution, through electric scooters.

The Service offered by E-TWOW through the App is available to any user who registers as a Customer by creating an account in the App.

The Service is subject to the essential conditions set out in the Agreement and the App. We expressly state that, in the event that the Customer allows the use of our Product by other persons, by transmitting to them the use of the Product, the Customer declares that he has informed these persons about the content of this Agreement, and the Customer is solely responsible for E-TWOW for any effects and/or damages caused by E-TWOW by the person entrusted with the use of the Product.

The Service, as defined in this Agreement, refers to any provision of the use of the Product, for the benefit of the Customer, as requested by the latter through the App, for a particular unit of individual time, but including all related elements mentioned in the definition. Our Service may involve additional terms or requirements depending on the Product, which we will make available to you and which will become part of your Agreement with us when you use them. We emphasize that the use of our App and Products does not provide public transport services, they are intended exclusively for people who have the ability to exercise and physical, as well as the necessary knowledge on how to use the Products.

The service provided to the Customer is represented exclusively by the rental of the Product for a determined Unit of Time, the ownership of the Product remaining at E-TWOW and without the right of the Customer to exercise any attribute specific to the property right.

 

  1. Access to the Service – App:

Access to the Service is only available through the App. To this end, the Customer must download the App on a mobile terminal and register a customer account.

To create a customer account you must:

  1. If you are a natural person, as well as if you are the representative of a legal entity, you must be 18 years of age or older. Even if the use of the Products is allowed by law to persons who have reached the age of 14, the possibility of concluding the contractual legal relationship and using the App, by specific payment methods is allowed, without restrictions, only to persons who have reached the age of 18.
  2. Have full exercise capacity.
  3. Fill in the registration form through the App.
  4. You have a bank card associated with a valid bank account.
  5. To give your consent to the conduct of the legal relationship under this Agreement.

The person who creates the customer account has the obligation to supply the Wallet with the amounts necessary to pay the Rental Rate for each use in a certain Unit of Time. By mentioning the details regarding the bank card and the supply of the Wallet, the Customer expressly authorizes E-TWOW or its collaborators to debit the bank card associated with the Wallet with the amounts due for the use of the Products.

By creating the customer account, the person becomes a Customer and can use our Services.

The list of Rental Rates and the terms of the Agreement applicable to the Customer will be made available through the App.

If all the requirements have been met and the form has been completed in full and correctly, E-TWOW will confirm that the registration has been accepted, thus creating the customer account.

The App can be used to locate and access our available Products. Please understand that for reasons related to the supply or other related, we reserve the right to accept or reject your requests. Receiving our notification sent after registration as a Customer does not constitute acceptance of the provision of the Service or does not constitute an obligation to make the Products and/or Services available in a particular situation, at a certain date, time or place.

By creating the customer account and mentioning the data on the bank account or allowing access to the App to the amounts credited to the Wallet, the Customer agrees to the settlement of any amounts as Rental Rate or other amounts under this Agreement, by E-TWOW.

The use of the Product is possible only based on the information entered by the Customer in the App, respectively the selected Product and the selected Time Unit.

The customer who creates an account in the App will be considered the actual user of the Products. If the Customer allows the actual use of the Products by another person, he will be jointly and severally liable with that person for any damages caused by E-TWOW or third parties, as well as for the payment of any other amounts resulting from the use of the Products. If the Customer allows a minor to use the Products effectively, he has the obligation to ensure that he is at least 14 years old and that all the provisions of the applicable national legislation are complied with.

 

  1. Financial Terms:

The use of the Products through the Service offered by us implies the payment by you of the Rental Rate, according to the express mentions provided for this purpose in the App. Payment of the Rental Rate is made according to the corresponding Time Unit, individually, for each of them. The rental fee is charged in full for the appropriate Unit of Time, even if the actual use is for a shorter period of time.

The Rental Rate can be paid either by direct debiting the Customer’s account, associated with the bank card number indicated by him in the App, or by direct debiting the amounts constituted by the Customer in the Wallet. In this regard, the Customer expressly authorizes E-TWOW or its collaborators to debit directly either the bank account or the Wallet, according to this Agreement and the specifics of the information entered in the Customer App (Selected Product, Selected Unit of Time, etc.), for all the amounts due E-TWOW including, but not limited to: Rental fee, taxes, commissions, penalties, the value of the damages caused.

The Customer has the obligation to supply the Wallet with credit representing amounts of money in order to pay the Rental Rate. The method of paying the Rental Rate by Wallet is as follows:

  • The customer has the obligation to ensure that the amounts in the Wallet are sufficient to pay the Rental Rate and any other amounts applicable to the use of the Product.
  • At the moment when the Customer uses the App to unlock a Product, in the event that he does not have any credit in the Wallet, he will be notified through the App and will not be allowed to unlock it.
  • At the end of each use of the Product, the amount representing the Rental Rate related to the Units of time in which the use took place will be debited from the credit previously constituted in the Wallet through the App.
  • In the event that the credit previously constituted in the Wallet is not sufficient to pay the Rental Rate due by the Customer for using the Product, a negative balance of the account will be created in the App, representing the amount remaining to be paid after full credit debit.
  • Upon the next crediting of the Wallet with sums of money, the existing debit in the negative credit balance will be automatically extinguished, from the newly constituted credit, if it is sufficient.
  • The Customer will be notified through the App, both in case the credit constituted in the Wallet was not sufficient for the payment of the Rental Rate, and on the occasion of automatic debiting of the Wallet for the existing debit in the negative balance, on the occasion of a subsequent credit.
  • If the Customer, after paying in full by debiting the amounts from the Wallet of the Rental Rate and all other amounts due E-TWOW, wishes to withdraw the credit constituted in the Wallet by App, he has the obligation to pay bank fees for this operation. Bank charges will be deducted in this case from the refunded amount.

Please note that we may change the Rental Rates charged unilaterally and become available from the date of registration of the changes in the App. Your continued use of the Service in the event of any changes to the Rental Rate is your agreement to these terms.

The Rental Rate does not include taxes (such as sales and VAT) and other applicable taxes or additional costs due under this Agreement. We will automatically collect and withhold applicable taxes, if required by law, in accordance with the existing terms and in the App. All amounts due to E-TWOW as a result of the use of the Products, including, but not limited to: Rental fee, fees, commissions, penalties, value for damages caused, will be deducted from the credit set up in the Wallet. In the event that the credit thus constituted is not sufficient, E-TWOW reserves the right to recover the amount in any and all ways provided by law.

All payments to us are made through a third-party payment processor in the form of a payment accepted by it. Under these conditions, the Rental Rate does not contain any bank charges due to you for making payments from your account through the specific method of payment, based on the agreements you have with your bank.

If you do not agree with any amounts we have received from you, you must inform us within 5 working days from the end of the month in which the amounts were withheld, in order to verify the notification. In order to resolve any complaints in this regard, you will need to provide certain information about the trip, including the approximate start and end date and time of the trip, the amount uploaded to the Wallet, the amount debited, the amount contested, etc. As a rule, we do not offer refunds for the use of our Service and any exception to this policy is at our discretion.

In some cases we may offer promotional codes for discounted travel. Please understand that these are unique offers, can only be accessed through the App and we can modify or cancel them at any time. We limit these to 1 (one) for each Customer and account and they cannot be combined with other offers, they will expire according to their terms and they are not transferable or cannot be resold.

Any damages caused to E-TWOW by you through the use of the Products/Service will be charged to you. In this sense, the damages may represent, without being limited to: fines applied by the authorities, costs of towing/taking over the Products from other locations than those indicated for delivery, the value of the necessary repairs to the Products. The Customer authorizes E-TWOW to withhold from his account or from the Wallet, any amounts that cover the damages caused by the use of the Service, based on a notification sent by E-TWOW in this respect, in which he will detail the amounts collected.

The customer is solely responsible for any fines imposed on him by the public authorities for using the E-TWOW Service.

E-TWOW or our collaborators have no obligation to refund the Rental Rate charged if the Customer changes his mind (before or during use) and no longer wishes to provide the Service already paid.

 

  1. Rules of Use

According to the applicable legal provisions (n.b. the enumeration below is not limiting, but is completed with the other incidental provisions):

  • The minimum age for driving electric scooters on public roads is 14 years.
  • The helmet is mandatory for drivers of electric scooters under the age of 16, when traveling on the road.
  • It is forbidden to transport passengers on electric scooters.
  • If a road is provided with a bicycle lane (subdivision of the roadway, sidewalk or sidewalk or separate roadway, specially designed, signalized and marked accordingly, intended only for the movement of bicycles and electric scooters), electric scooters will be driven only on that track.
  • In the absence of the bicycle lane, the circulation of electric scooters is allowed only on road sectors where the maximum speed allowed for the circulation of vehicles is 50 km/h.
  • The circulation of electric scooters at night is allowed only with the lighting means and the reflector-fluorescent devices in working order.
  • The responsibility for violating the traffic rules belongs to the driver of the electric scooter.

In addition to legal obligations, please observe the following rules:

  • Because the above listing is only a small part of the applicable law, please make sure that you are aware of and know before using this law, which you must follow when using our Services. Make sure you know all the rules regarding the use of bike lanes, the roadway, the sidewalk, alcohol/drug use before and/or during the use of electric scooters.
  • Unless we give you express permission, you must be the sole user of electric scooters, which means that you may not transmit them in any form to third parties.
  • The use of the electric scooter can be done only within the city for which the selection is made in the App, as it is determined administratively by the local or central public authority.
  • It is forbidden to use electric scooters to participate in activities that are not intended or suitable for the use of electric scooters, such as races, competitions, stunts, etc. Such use can endanger the safety, health and life of you and others and damage electric scooters.
  • It is forbidden to use our Services for commercial activities (rental, advertising, transport of people or goods, delivery of food, etc.).
  • Use of our Services and Products must not violate any law.

When you use our Services and Products, you must comply with applicable laws. You are directly liable to the authorities for any breach of legal obligations, including but not limited to traffic on public roads. However, if an authority imposes a penalty on us in connection with your use of the Services and/or Products, you will bear the value of such penalties, if the sanction is in connection with your fault. By accepting these Terms and Conditions, you agree that we may charge these amounts in the payment method indicated above in section 5 and we may need to contact you for further information.

  • We do not provide directions, so the route you choose is your choice.
  • The number of electric scooters we have is limited, so there may be situations when they are not always available. We do not assume any obligation to have electric scooters available to all users at any time, therefore we are not liable for any loss or damage caused by the unavailability of electric scooters.

 

Safety is important, therefore:

  • Wear a helmet in all cases where this measure is required by law. However, regardless of your age and the route you use, we recommend that you wear a safety helmet. It must be used (dimensioned, mounted and fixed) according to the manufacturer’s instructions. Helmets and other protective equipment do not offer any guarantee against personal injury. If you choose not to wear a helmet and you are injured, we are not responsible for it, nor do you choose to wear a helmet.
  • We recommend that you do not wear clothing or accessories, such as a briefcase or bag, while driving the electric scooter, or do not use any objects/devices (such as a cell phone or other portable device) that would could affect or prevent the safe use of the electric scooter.
  • Because there are not always and everywhere specially designed places for electric scooters (such as bike lanes), be careful when driving near cars, pedestrians and other road users. We are not responsible for the actions of drivers, pedestrians or other third parties.
  • It is forbidden to drive electric scooters while under the influence of alcohol, drugs or other similar substances.
  • It is forbidden to carry other people, animals, luggage, etc. while using the electric scooter.
  • You understand that adverse weather conditions can affect the use of electric scooters, your safety and the safety of those around you, so you need to act accordingly (for example, by adjusting the braking distance in the rain). It can also mean not using electric scooters at all.

 

  1. Operating Status:
  • We do our best to keep each electric scooter in proper working order, but you must perform a prior safety check. Therefore, before use, make a minimum check of the electric scooter: check the general condition (wheels, optical blocks, etc.); check the operation of the brakes, headlights, reflector-fluorescent devices; check if the battery is charged; check for any other signs of damage, unusual or excessive wear of the electric scooter, etc. You may not repair or attempt to repair the electric scooter, or personally, or entrust it to a third party for repair. All overhauls, repairs and remedial interventions of electric scooters will be done by E-TWOW, at your own expense, unless the repairs are caused/caused by your fault and when you bear their value.
  • It is possible that since the date of the last check, the condition and functionality of the electric scooter have been affected, so you must notify us immediately if something is not working properly. If you notice such problems with the electric scooter before use, do not use it, as you can reserve another one instead. If you notice anything during use, stop traveling as safely and as soon as possible. If you do not report these problems to us, we may attribute these malfunctions, malfunctions, breakdowns, damage to you, in which case you will bear all necessary repairs/replacements, including related costs. By accepting these Terms and Conditions, you agree that we may charge these amounts in the payment method set forth in Section 5 above and may need to contact you for further information.
  • Electric scooters require regular battery charging to operate. Their load power level will decrease with the use of the electric scooter. The battery can be consumed for various reasons, including due to weather, road conditions, speed, etc. As part of our Services, we make every effort to ensure that electric scooters have an adequate level of battery charge, but we cannot guarantee that the electric scooter you use has enough charging power to reach the destination you are looking for. you proposed it, because we can’t know where you intend to go. It is therefore your responsibility to know the charge level of the scooter battery you are using.

 

  1. How to Use:
  • By making the Products available to you, a limited right of use is transferred to them, in exchange for the payment of the related Use Tariff, the rights and obligations of the parties being specific to a rental agreement according to the applicable legislation. In order to avoid any doubt, the terms of the Terms and Conditions will be applied with priority over the provisions of the applicable legislation that are not mandatory.
  • It is important to have proper use of electric scooters. Please use electric scooters as if they were your own. Do not scratch, hit, vandalize or abandon them in illegal places and/or in places other than pick-up/drop-off points.
  • The pick-up and return of electric scooters is done from and at the pick-up/return points marked in the App.
  • If you cannot return, for any reason, the Product to one of the Stations and request that we pick it up from the place indicated by you, you will pay an additional fee of …. If you simply abandon the Product at any place other than a pick-up/return point, you will bear all costs associated with our recovery of the Product, plus an additional fee of …. We may change these amounts at our discretion and without notice. By accepting these Terms and Conditions, you agree that we may charge these amounts in the payment method mentioned in Section 5 above, and we may need to contact you for further information.
  • Please do not leave the electric scooter in a location we cannot access. If you do, however, you will bear all associated costs until the scooter is recovered, plus an additional fee of …. We may change these amounts at our discretion and without notice. By accepting these Terms and Conditions, you agree that we may charge these amounts in the payment method mentioned in Section 5 above and we may need to contact you for further information.
  • Electric scooters have weight limitations, supporting a maximum weight of 100 kilograms. Exceeding the maximum permissible mass may result in damage to the Product, in which case you will incur all necessary repairs/replacements, including related costs. By accepting these Terms and Conditions, you agree that we may charge these amounts in the payment method mentioned in Section 5 above and we may need to contact you for further information.
  • Please return (meaning locking and/or deactivation) to the Product Station in the same condition in which you received it, less ordinary wear and tear. If you damage it (accidentally or intentionally) or do not return it properly, you will bear all necessary repairs/replacements, including related costs. By accepting these Terms and Conditions, you agree that we may charge these amounts in the payment method mentioned in Section 5 above and we may need to contact you for further information.
  • You must report to us as soon as possible if, during use of the Product, you have been involved in an accident (whether or not it involves personal injury and/or property damage) or if the Product has been stolen from you, otherwise we will be responsible for any damage caused to us by the delay or lack of notification. In the event of accidental damage, you will bear all necessary repairs/replacements, including related costs. By accepting these Terms and Conditions, you agree that we may charge these amounts in the preferred payment method indicated in your account, and we may need to contact you for further information.

 

  1. Limitation of Liability:

When the law allows it, we (hereby means: E-TWOW and our subsidiaries/subsidiaries/branches, associates, administrators, directors, agents, employees, representatives, successors, assigns, distributors, suppliers, contractual/business partners) will not be liable for lost profits, unrealized income, financial losses or any indirect damages. To the extent permitted by law, the total limit for which we are liable is …. In all cases, we are not liable for any loss or damage that is not reasonably foreseeable. We will also not be liable for any damage caused directly by Customer to the defective use of the Product under applicable law or this Agreement.

Our products are electric scooters and there is an inherent risk associated with their use, including due to failure, no matter how well maintained. These risks are not always obvious and can cause material damage, injury or even death to the Customer or others. By using our Services and accepting these Terms and Conditions, you represent that you understand these risks, that it is your responsibility to use our Products and Services safely and that all risk resulting from your use of the Services is solely yours, including any damage or injury you cause to other persons or property.

You hereby waive any action against us for the above.

The provisions of this section shall apply to the maximum extent permitted by law.

 

  1. Intellectual Property Rights

Subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our App and related software and Services on your personal device for your use of our Services only. These rights are for your personal, non-commercial use only. Any other rights not expressly granted herein are reserved to us. You may not copy, modify, distribute, sell or rent any part of our Services or the included software, nor may you extract the source code of the software.

 

  1. Applicable Law. Jurisdiction

The terms and conditions and relations between us and you will be governed by and construed in accordance with Romanian law. All disputes arising out of or in connection with the Terms and Conditions and the Services, if they cannot be settled amicably, will be settled by the Romanian courts.

 

  1. Notifications

All complaints and notifications under this Agreement will be made by email to the following contact details: office@e-twow.com.

 

  1. Miscellaneous:

Sometimes you may be invited to send us messages or comments about our Products and Services (such as a comment associated with a vote of appreciation for the Services, the App to provide advice to other users). You retain ownership of the content of any message, but please make sure that you have the right to send it to us in the first place, because when you send it, you give us (and those we work with) a license to use, host, storage, reproduction, modification, communication, publication, public display and distribution, including your name, voice and/or image (such as if you send us a selfie when using a product). This license continues even if you stop using our services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is considered non-confidential.

Do not post defamatory, libellous, ugly, violent, obscene, pornographic, illegal or offensive content (we will determine if your content meets any of these descriptions). We have the right, but not the obligation, to review, monitor or remove your content at any time, for any reason, without notice.

 

  1. Your Personal Data

In order to provide the Services to you, we are required to process your personal data (e-mail address, telephone number, location), in accordance with the information note on the processing of personal data that can be found on our website at : www.e-twow.com. By accepting these Terms and Conditions, you declare that you have read the information note and agree to the processing of your personal data, for the purposes, terms and in the manner indicated in the information note.

Unless you expressly waive your agreement, we agree that we may contact you by telephone, SMS or text message (including by using an automatic telephone dialing system) at the telephone numbers you have provided to us, including for marketing purposes. You understand that you are not required to provide such consent as a condition of our provision of the Services. You can opt out of receiving phone calls, SMS or text messages at any time by sending an SMS message to the number in the “Contact” menu or by email to office@e-twow.com  or by contacting us at the phone number from the “Contact” menu.

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