Term of Use
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Term of Use
CHARGING PROCEDURE
ROUTE FEE
Once the user starts the route entry process, he is charged with euro and after that for each minute of use is charged with euro per minute. (Pause mode has same charge normal euro.)
BE CAREFUL
In order for your card to be accepted by the system, it must have a minimum balance of euro. (Prices are subject to change without notice)
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF E-MILE ELECTRIC SCOOTERS.
In consideration of Your use of any of the E-mile Electric Scooters requires that You (“Rider,” “You,” or “Your”) agree to all terms and conditions in this Usage Agreement, Waiver of Liability, and Release (“Agreement”).
You should CAREFULLY READ all terms and conditions before entering into using E-mile Electric Scooters. Capitalized terms have the meanings given to them where defined in this Agreement.
All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is At Least 18 Years Old.
Rider represents and certifies that Rider is at least 18 years old.
1.2 Rider is a E-mile Vehicle Operator.
Rider represents and certifies that he/she is familiar with the operation of the E-mile Electric Scooter, and is reasonably competent and physically fit to ride the Vehicle. You can find materials provided by the Vehicle manufacturers within your manual. By choosing to ride a E-mile Electric Scooter, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a E-mile Electric Scooter. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.3 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle.
Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules
and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws.
1.4 Prohibited Acts. Rider agrees to the following:
• E-mile recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag,
or other item that can alter balance or impair safe operation of the E-mile Electric Scooter.
If You choose to use such an item, E-mile recommends that You ensure the item fits snugly to
Your body and does not impede Your ability to operate the Vehicle safely.
• You must not place heavy objects on the handlebar of the E-mile Electric Scooter, such as heavy backpacks or bags.
• While riding a E-mile Electric Scooter, You must not use any cellular telephone, text messaging device, portable music player,
or other device that may distract You from operating the E-mile Electric Scooter safely.
• You must not operate a E-mile Electric Scooter while under the influence of any alcohol, drugs, medication,
or other substance that may impair Your ability to operate a E-mile Electric Scooter safely.
• You must not carry a second person or child on a E-mile Electric Scooter.Failure to keep one person on the scooter will incur
an additional charge 75 euro and accidental material damage per person
• You must not mount or dismount kerbs or any other elevated surface. The E-mile Electric Scooter is not intended for off-road or rough usage.
The E-mile Electric Scooter is not a stunt scooter and it’s intended use to for even surfaces
• You must not use the E-mile Electric Scooter in flooded, wet or snowy conditions and must not drive scooter through heavy puddles
1.5 Vehicle is Intended for Only Limited Types of Use.
Rider agrees that he/she will not use the E-mile Electric Scooter for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the E-mile Electric Scooter on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. 1.6 Weight and Cargo Limits. You must not exceed the maximum weight limit for the E-mile Electric Scooter of 100kg
1.7 No Alterations.
You must not tamper with, alter software or hardware on E-mile Electric Scooter with voiding warranty.
• YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
2. ADDITIONAL TERMS OF USE.
2.1 Safety Check.
Before each use of a E-mile Electric Scooter, E-mile have already conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need.
2.2 Helmets; Safety.
All Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. E-mile do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by E-mile while using any of the E-mile Scooter, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3. Choice of Law; Dispute Resolution.
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Greece, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of California and agrees that those courts have personal jurisdiction over each party;
4. Voluntary Execution of this Agreement.
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of E-mile. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
5. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
Rider agrees to fully release, indemnify, and hold harmless Bird and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider’s use of the E-mile Electric Scooter including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct.
Such released are intended to be general and complete releases of all Claims. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to Rider’s use of any of the E-mile Electric Scooter.
Rider is aware that Rider’s use of any of the E-mile Electric Scooter involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
• vehicles and other objects;
• pedestrians;
• traffic;
• Vehicle or component malfunction;
• road conditions;
• weather conditions;
• failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.3;
• commission of any of the prohibited acts listed in Section 1.4;
• failure to perform the required safety check pursuant to Section 2.1;
• failure to wear a helmet where required by law; and
• negligent acts or omissions by E-mile, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of E-mile, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of E-mile Electric Scooter, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.
RIDER ACCEPTANCE OF AGREEMENT
• I certify that I have read and expressly agree to the terms and conditions of Section 10 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the E-mile Electric Scooter, and am reasonably competent and physically fit to ride the Vehicle.
• I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a E-mile Electric Scooter with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.