Terms of USE (Terms of Use, Public Offer)
1. Preamble
In these Terms
of Use and the Offer to the Electric Scooter Rental Agreement, we refer to ourselves
as "GoDrive". Our contacts and banking details are as follows:
GoDrive LLC
Address:
Moscow Moscow, 9 Ivan Babushkin St., sq. 13
TIN:
9728031995
OGRN:
1217700133705
Website:
https://godrive. ru/
Е-mail:
admin@godrive.su
Telephone:
+79251625333
Bank details of ALFA-BANK JSC BIC: 044525593 K / s: 30101810200000000593 R / s: 40702810002520004806 These terms
of Use (hereinafter referred to as the Terms) govern your use of our
GoDrive Electric Scooter Rental app (hereinafter referred to as the App) and the process of renting
electric scooters from GoDrive (hereinafter referred to as the Services or Services). and also contain
Offer to the Electric Scooter Rental Agreement via the GoDrive app. Further
, the term "Terms" refers not only to these Terms of Use
of the GoDrive app and Services, but also to the Electric Scooter Rental Agreement that you
enter into with us by booking our electric scooter through our app
GoDrive (accept the Offer to the Electric Scooter Rental Agreement via
the GoDrive app).
By using our Services
(including our App and creating a user account), you agree
to these Terms and Conditions, including that you are of legal age to
enter into contracts in accordance with the current legislation of the Russian Federation.
If you do not agree to
these Terms, you may not use our Services.
Ownership of
all electric scooters and the App belongs to us.
The terms and conditions are set out in
accordance with the current legislation of the Russian Federation.
2. What GoDrive offers
GoDrive was founded
on the simple idea that people deserve the right to access reasonable and affordable
mobility. Our Services help bring this idea to life. We are constantly
developing our Services, and today they include renting electric
scooters through the GoDrive mobile app, which includes
our mobile app, all other related equipment,
maintenance, charging, personnel, technology and services. We offer
our Services for your convenience of using alternative means
of transportation in the city.
Our
electric scooter rental Services are provided to you under the terms of a Rental Agreement and are subject
to the following conditions: 2 § 1. "General lease provisions"
The Civil Code of the Russian Federation, in accordance with which we (the lessor) undertake
, under the terms of this Electric Scooter Rental Agreement, to provide you
(the lessee) with an electric scooter for a fee for temporary use, and you undertake
to accept it from us for temporary use and pay us for it.
3. Your GoDrive user Account
Setting up an account
To use
You need an account that requires a valid debit or
credit card or other approved payment method with an expiration date
(via the chronopay payment system
(chronopay.com - we do not receive or store this information independently), as
well as other personal data. The provision of such personal data
by you is necessary for the provision of Services to you.
The personal data you provide must be truthful, accurate, complete, and
up-to-date.
Create
a username and strong password and do not share with anyone else — your
account is personal to you and not intended for anyone else,
and you are responsible for all actions that occur under it.
Please let us know immediately if you suspect that your account has been
blocked. For more information about how we use
your personal information, please see our privacy Policy at godrive.su/privacy or in the corresponding
section "Developer Contact-Privacy" of our app on
Google Play.
Fraud Warning
We take
security seriously, both for your protection and ours. You
may only use the payment method to which you are entitled, and you authorize us to charge you
through this method any costs that you incur. If we
suspect that the information you provide is inaccurate, incomplete
, or fraudulent, we may suspend or close your account until
the issue is resolved. During this time, you will lose
access to some or all of our Services, temporarily or permanently.
4. Using the app and our services
You can use
the app to find, book and rent our available
electric scooters. Please note that for reasons related to the availability of scooters, we
reserve the right to accept or reject your booking requests.
If your booking via the app is rejected after your request,
you will receive a corresponding refund if you have pre-paid for the rental.
If for any reason the prices in the App turn out to be incorrect, we
reserve the right to reject the relevant booking and provide
you with an appropriate refund.
The app provides the process of renting electric scooters,
including: booking, payment, rental, refund, through the following steps:
1)
choosing the scooter you need;
2)
choosing a pricing plan;
3)
scan the selected scooter at the parking spot;
4)
start of the trip;
5)
safety instructions for using
the scooter;
6)
end of the trip, parking, photo report.
1.
Booking:
●
Choose our scooter parking lot on the map in our
app;
●
choose a scooter
from the suggested list;
●
choose
the rental type (per-minute or hourly);
●
choosing
a bank card to pay for scooter rental;
●
select
a promo code (if available);
●
tap on
the "book" icon (this action is a confirmation of acceptance
Offers of the electric scooter rental agreement);
●
After that
, you have a free 5-minute wait to get your scooter;
●
after
five minutes of free waiting, the paid wait starts;
●
you agree to use the reserved
scooter, or cancel and pay for waiting
for the reserved scooter to be used.
2.
Using a scooter:
●
When you are in our scooter parking lot, you
approach and use our app to scan the QR code located on
the scooter of your choice or enter its number manually;
●
choose
the rental type (per-minute or hourly);
●
choosing a bank card to pay for scooter rental;
●
select a promo code (if available);
●
tap on
the "start trip" icon (this action is a confirmation of acceptance
Offers of the electric scooter rental agreement);
●
start using the scooter, for
safety reasons, every 60 minutes, regardless of whether you have completed the trip or
not, and regardless of the type of scooter rental (hourly or per minute)
you will be automatically debited for 60 minutes of using our
scooter, and you will receive a notification that you will
have an automatic renewal at the same rate of the scooter rental (to cancel the
rental, you will need to finish the rental of the scooter by returning it to the parking lot);
●
to
use the electric scooter, you stand on the electric scooter and push off,
in order for the motor to turn on, it needs to dial 5 km / h, then presses the right button
(gas button) and the scooter goes by the efforts of the electric motor;
●
for control
electroseparation: some Segways button on the left, some
brake lever; when disabled scooter brake does not work; some of
the Segways rear wing — a brake, on some ordinary wing, on
which it is impossible to press (break); when you click on the dashboard you can
change the speed modes, if you double-click turns the light; when
braking to rely on the backside, not to brake abruptly.
●
after using the scooter, you must: click on
the appropriate buttons in the app, leave our scooter in one of the parking
lots that can be seen on the map in the app; then you need to take a photo
of the electric scooter; then you will be charged for using the electric scooter:
frozen money will be refunded or charged additionally (depending on
the rental conditions and circumstances).;
●
in order
to finish the trip (rental) our scooter, you need to put
the scooter in the Parking right (like parked scooters);in case
of wrong Parking our scooter at the end of his lease (for example to throw
on the ground near or within Parking) – rent period continues lasts and
rent continues to accrue until the correct Parking you
of our scooter;
●
if you decide to pick up our
scooter for free in the parking lot or decide on your own the procedure for paying for its rent
specified in this scenario – the alarm goes off on the scooter (at a distance of 2 meters from
the parking place) and you will be considered
a scooter thief with detention and criminal liability.
Rules for using a scooter
1)
you have the
right to book up to 5 electric scooters at a time, but only one person can use each
scooter;
2)
you are at least
18 years old or of legal age;
3)
you can
use our scooters competently, you know how to use them and
are physically capable of doing so;
4)
you understand
that adverse weather conditions may affect safety, and you
can respond accordingly (for example, by adjusting the braking distance
during rain);
5)
we do not
provide routes and recommendations, so you can choose your own route;
6)
although we do
our best to make you aware of the laws in force in the Russian Federation
governing the use of our scooters, you should be sure
that you have also read the laws in force in the Russian Federation, which you must
comply with when using our Services.
7)
do not use
our Services in prohibited areas, and make sure that you understand the laws regarding
the use of sidewalks, parking (for example, do not obstruct the movement
of pedestrians) and alcohol / drug use while renting a scooter;
8)
do not receive or
attempt to gain unauthorized access to our Services;
9)
you are not
allowed to drive on highways and in the red zone;
10)
when
using a rented electric scooter, you must ensure that it
is switched on, as the brakes do not work when the scooter is switched off;
11)
We recommend
that you wear a helmet every time you use our scooters in accordance
with the manufacturer's instructions (Helmets and other protective equipment are not a
guarantee against injury, but it is better to be safe than sorry. If you choose
not to wear a helmet and get injured, you have decided to take this risk, and we
are not responsible;
12)
if all
customers treat our scooters with respect, more of
them will be available for use and in better condition;
13)
although we
provide scooters that are not defective, they are unfortunately not
invulnerable, so take proper care of them when they
are at your disposal;
14)
scooters have
a weight limit of 100 kg;
15)
we expect
you to use scooters safely.
You must perform a safety check on the scooter
before using it, including: :
1)
do
the controls, brakes and lights work;
2)
general condition
(wheels, tires, etc.);
3)
is the battery fully charged;
4)
whether
there are signs of damage, unusual or excessive wear, or whether
maintenance is required.
Something may have happened
to the scooter since it was last checked for its condition, and we need you to
let us know in case something doesn't work properly, if you
notice it before we do at admin@godrive.su.
If you notice
any of these or other problems with the scooter before using it, you
agree not to use it, but to reserve another one instead. If you
notice problems with the scooter during use, stop the ride as
safely and as soon as possible. If you do not report these issues,
we may have to attribute them to you, including holding you responsible
for any associated costs. At the same time, if
the scooter malfunctions due to your fault, you are responsible for it in accordance with the legislation of the Russian Federation.
Conditions.
Charging electric scooter batteries
Electric scooters
require periodic battery charging to operate. Their charge level will
decrease using time and distance. They lose battery power for
various reasons, including weather, road conditions, scooter type, and
other factors.
It is your responsibility
to be aware of
the battery level of the scooter you have chosen to rent from us and decide based
on your judgment whether it will be able to get where you intend to go
with the current battery level. As part of our Services, we work
diligently to ensure that our scooters have sufficient charge for your
use, but we do not know where you intend to go, and we cannot
guarantee that the electric scooter you rent has enough
charge to charge.
5. Damages and compensation
We expect that in addition
to the usual wear and tear, you will return the electric scooter in the same condition as you
received it. If you damage it (accidentally or intentionally) or do not return it
properly and the damage occurs, you are responsible for
the associated costs. This can be expensive — up to 45,000 rubles — These amounts are determined based on the cost of repairing or
replacing the corresponding scooter. The same penalties will apply to
the scooter lessee who does not return the scooter within 24 hours of the
rental date, which we consider lost or stolen, and depending on
Under certain circumstances, we may need to file a crime report against you with the police
. We also reserve the right to take any action
against you that is permitted by law, including holding you
liable for damages caused to us or third parties.
Accidents or product damage.
You must
notify us as soon as possible of any accident, damage, injury, theft or loss
of the scooter. If the accident is related to personal injury, property damage, or
the theft of a scooter, you must file a report with the local police department
within 24 hours.
6. Lease periods
You can rent
a scooter for up to 24 hours. Keep track of your time, because we don't do
it for you. You must return the scooter to the parking lot within this
time period, and then you can rent it again. Each scooter has
a maximum 24-hour rental fee of 7,200 rubles.
When you return the Scooter, you will be charged the lower of your
accumulated rental fees based on our in-app prices or
the maximum 24-hour fee.
7. Financial conditions
Pricing and payment
All
scooter rental prices are listed in the app.
Please note that
we can change the prices for scooter rentals if we deem it necessary or
appropriate for our business. Our prices include taxes and government
fees.
All payments to us are
made through the third-party payment processor chronopay on the terms of acquiring, so
the responsibility for the correct processing of payments lies with chronopay.
The procedure for using
chronopay acquiring is listed on the website chronopay.com.
The main task
of the chronopay operator is to provide us with the opportunity to accept
payments from you in a single package through several channels at once: credit cards, electronic
money, by bank transfer, etc. In addition, the payment operator
is engaged in the secure transfer of payment information between all
payment participants, monitors and filters fraudulent transactions that are possible in Internet
acquiring. The payment operator also provides the online store with detailed
information on payers ' transactions, conducts payment analytics, and manages
real-time operation statuses.
In fact,
the payment operator coordinates mutual settlements between the issuing bank of the card,
the acquiring bank, the online store and the bank card holder.
If you do not agree with
any changes that we have made to your account, you should notify
us as soon as possible. To resolve any disputes, we
will need certain information about the trip, including the date and approximate
time of the start and end of the trip. In accordance with our policy, we do not
offer refunds for your use of our Services, but we may make
an exception for you.
We send you
payment receipts for our services in electronic form by e-mail.
All operations on plastic cards are carried out using the electronic payment gateway ChronoPay. ChronoPay specializes in providing security for online card payments. When making a payment, ChronoPay accepts your plastic card data, and then this information is transmitted via a secure SSL communication channel to the ChronoPay authorization server. Your bank card data is transmitted only in encrypted form. To transmit information, ChronoPay uses special security technologies for online card payments Verified by Visa and MasterCard Secure Code. All operations on your card are carried out in full compliance with the requirements of VISA International, MasterCard and other payment systems. The security of processing online payments through ChronoPay is guaranteed by international PCI DSS security certificates. ChronoPay's activities comply with the requirements of the law "On Personal Data". All actions with personal data of payers are performed exclusively on the territory of the Russian Federation. In accordance with the requirements of international payment systems, your card details will be provided after completion of the payment process. payments are not saved either in the online store or on the ChronoPay authorization server. Promo codes
We often provide
discounted rental promo codes, which may be subject
to additional terms and conditions presented to you in connection with
a particular promotion, which you must carefully review and agree to
whether you want to participate in it. These are one-time offers that can
only be exchanged through the App, and we can change or cancel them at any time. We
limit them to 1 for each user and account, they cannot
be combined with other offers, and they will expire in
in accordance with their terms, they cannot be transferred or allowed to be resold.
8. Fines and fees for violating the current
legislation of the Russian Federation
When you use
our scooters, you must comply with the laws of the Russian Federation (including
Traffic Rules). If you are fined, our scooter is withdrawn from you, or
you receive any other penalties for violating the legislation of the Russian Federation, you
are fully responsible and the associated costs. We cooperate with all
government officials in their enforcement of laws, and for
expediency, we may pay the amounts you owe on your behalf
and provide any necessary information requested or required.
relevant government agencies. If we do this, you will
be required to reimburse us for them, plus a reasonable administrative fee and any
applicable costs associated with third-party collection or administration
if we are to use them to resolve the issue. By agreeing to these Terms,
you agree that we may charge these amounts from your
preferred payment method listed in your account, and we may
need to contact you for more information.
9. Liability of the parties
We are responsible to you for:
⎯
fraudulent
misrepresentation of facts in the Terms and Conditions;
⎯
for violating
our obligations under these Terms and Conditions, the Lease Agreement, and the Law of the Russian Federation "On
Consumer Protection".
In accordance with this
section and to the extent permitted by applicable law,
if you are a consumer,we will not
be liable to you for any indirect or consequential
damages or loss of data.
Our scooters are
machines, and there is a risk associated with their use, including due
to malfunction, regardless of how well they are maintained. These
risks are not always obvious, and they can result in property damage, personal injury
, or even death to you or others. Subject to the foregoing, by using our
services, you agree that you understand these risks and are responsible
for the safe use of our services. You are responsible for any
harm you cause to other people or property.
Your responsibility
To the extent
permitted by the current legislation of the Russian Federation and in accordance with the Legislation of the Russian Federation.
Under the Terms and conditions of the Scooter Rental Agreement, you agree that you
will be responsible for any claims, actions, costs, damages, penalties,
claims, obligations and expenses (including attorneys ' fees and legal
fees) arising out of or in connection with;
1)
violation or
non-compliance with any provision of these Terms or any applicable
law;
2)
your
Violation of the rights of any third party.
You agree
that the obligations in this Section will continue to apply upon termination of
these Terms, your user account, or your access to our services.
Services in general.
We reserve the
right to add you to the blacklist unilaterally and not provide you with the following information:
Services.
You are liable to us for the following material
liability in the form of a fine for each violation
of the electric scooter rental agreement:
|
Type of violation
|
Amount of the fine
|
|
Violation
of the electric scooter parking rules
|
2000 rubles
|
|
Opening,
damage, other types of violation of the integrity and operability of the electric scooter element(Damage that interferes
with the operation of the electric scooter: steering wheel, folding mechanism, gas trigger
, brake trigger, control panel, motor wheel, wheel, soundboard, battery)
|
10,000 rubles
|
|
Opening,
damage, other types of violation of the integrity and operability
of the electric scooter (Damage that does not interfere with the operation of the electric scooter:
grips, footboard, lantern, flaps (wings), lock)
|
2000 rubles
|
|
Use
of the electric scooter on public roads, in red zones, and other
violations of traffic rules when you use the electric scooter
|
3000 rubles
|
In addition, you
will bear our expenses for the repair of the electric scooter (if it is repairable) or for the
purchase of a new electric scooter (if the electric scooter cannot be repaired).
9. Your personal data, right to be forgotten
We collect and
use your personal data to provide Services to you. For example, we
process information such as your name, contact details and payment
details so that you can register an account with us and use
our Services. We also need to process your
travel information in order to provide our Services. For more
information about how we use your personal information, please refer to
our Privacy Policy, which you can access
at godrive.su/privacy or in the appropriate field
In the "Developer Contact — Privacy" section of our app on
Google Play.
10. Intellectual Property
Non-exclusive license for you
In accordance with these regulations
Under these Terms, we grant you a limited, non-exclusive, non
-sublicensable, revocable, non-transferable license to access and
use the App on your device solely for your use
of our Services. Such rights are intended only for your personal
, non-commercial use. Any rights not expressly granted here
are reserved to us and our licensors. You are not permitted to copy,
modify, distribute, sell, or lease any part of it.
You may not reverse engineer or
attempt to extract the source code of the Application unless you have our written
permission to do so. Do not do anything that puts an excessive load on
the infrastructure of our Services, do not use automated tools to
access our Services, and do not attempt to interfere with the proper operation of our website.
Use the Service or attempt to circumvent any of our security measures to access the Service.
Services.
Our Exclusive App License
The app
is used by us under an exclusive license. Using our services
The Services do not grant you any intellectual property rights in relation to our Services.
The Services or content that you access, and with the exception of the limited
license granted to you above, all rights to them (including all
intellectual property) belong to us or our licensors. You
may not use the content of our Services without our prior
permission. These Terms do not grant you the right to use any of the following services:
trademarks, branding, or logos used in our Services or
otherwise, including in any advertising or advertisement, or imply our
endorsement in any way. Please do not hide or modify
any legal notices displayed with or in
connection with our Services.
All possible objects
of intellectual property (texts, codes, images, audio files,etc.)
received by us (including erroneously) from you or third parties without proper
justification, are subject to destruction. If you have identified such cases, you must
immediately notify us of such cases by sending us an e-mail. admin@godrive.su
11. Content
Provided by you
Sometimes you may be
asked to send us content (for example, participating in our communities or
providing tips to users). You retain ownership of
this content, but please make sure you have the right to submit it to
us in the first place, because when you send it, you grant us (and
those with whom we work) global exclusive license to use,
use, store, reproduce, modify, right to create derivative
works, communicate, publish, publicly perform, publicly display
and distribute them, as well as your name, voice and / or image, if they are also
presented within the limits allowed by the current legislation of the Russian Federation. This
license is valid even after you stop using our services.
Services. If you submit a review or suggestion about our services, we may
use your feedback or suggestions without obligation to you. Any
content you submit is considered non-confidential.
Do not submit
information that is defamatory, defamatory,
pornographic,violent, obscene, illegal, or
offensive. The same applies to spam or unsolicited ads.
Providing any of the following actions may result in the suspension or
termination of your user account, including if
required by law). We have the right, but no obligation, to view, track or
delete your content at any time for any reason without prior
notice, in accordance with applicable law.
Third-party services and content
Our Services may be
available to you in connection with services and content (including advertising) controlled
by third parties with different terms of use and
privacy policies. We do not endorse these third-party services and content, and we are not
responsible for any of their scooters or services. In addition,
Apple Inc., Google, Inc., Microsoft Corporation, and BlackBerry Limited will
be third-party beneficiaries of these Terms if you access the Services
through apps developed for Apple iOS, Android, Microsoft Windows
, or Blackberry-based mobile devices.
These third
-party beneficiaries are not parties to these Terms and Conditions and are not responsible
for providing or supporting the Services in any way. Your access to the Services
using these apps or devices is subject to the terms
set out in their respective terms of service and
privacy policies.
Network and device access
You
are responsible for accessing the data network required to
use the Services. Rates and charges for your mobile and messaging network
may be charged if you access or use the Services
from your device. You are responsible for purchasing and updating
compatible hardware or devices necessary to access and
use the Services (including the App) and any updates to them. We do not
guarantee that the Services or any part of them will function on any site.
specific hardware or devices. In addition, Services may be
subject to disruptions and delays related to the use of the Internet and
electronic communications.
12. Validity of the Terms and Conditions
You may not stop
complying with these Terms without our prior written consent. To the
extent permitted by applicable law, we may
assign these Terms without your consent to a related or affiliated company
or in the event of the sale of all or substantially all of our assets, shares or
business, or to a successor through a merger. Any alleged assignment in
violation of this clause is void.
There is no joint venture, partnership, employment or agency relationship between you and us
as a result of these Terms or your use of our Services.
If any
provision of these Terms is found by a court to be invalid or
unenforceable, that provision will be repealed and the remaining provisions
will apply in full in accordance with the law. Our failure
to enforce any right or provision in these Terms does not constitute
a waiver of such right or provision unless we acknowledge and agree to it
in writing, and we do not waive our right to do so later.
Force majeure may prevent us from providing the Services. Note
that when we say "include" or "include" in these terms,
We
mean "including, but not limited to", but we do so for
the sake of readability.
The lease agreement may be terminated by us
unilaterally.
We may
make changes to these Terms from time to time, and the revised version of the Terms
will take effect as soon as it is published. The revised Terms and Conditions will
be binding on you and supersedes any
previous versions, unless you decide to terminate
the Electric scooter Rental Agreement in accordance with the Terms and Conditions.
We recommend that you
review these Terms regularly, as your continued use
of our Services after we make any changes to them means that you
agree to these changes.
These Terms also
directly supersede any previous agreements or arrangements that we may
have with you.
13. Disputes, questions or complaints
These Terms and Conditions
are regulated by the current legislation of the Russian Federation.
You may use
it if there is a dispute regarding these Terms that cannot be
resolved in any other way than through our negotiations or mediation.
If negotiations between
the parties to the Lease Agreement have not yielded results within a calendar week,
the parties undertake to use the services of a mediator-an independent person hired
by the parties to resolve disputes. The parties to the Agreement are allowed
no more than two calendar weeks for the mediation process.
If the
dispute has not been settled within the above time limits, the parties refer it to
the court at the place of registration of the landlord.
If you have
any questions, suggestions, complaints, or comments about the Services or
these Terms,or if you would like to contact us for any reason,
you can email us at support. admin@godrive.suwhich is our primary means of communicating with you.
If you file
a complaint, we will make a good-faith effort to respond to your
email within 5 days of receiving it.
14.
Other conditions: electronic document management, communication methods
Communication,
correspondence, acceptance of claims,
appeals and applications, sending you a receipt for payment for our services in
electronic form is carried out by electronic exchange of documents.
We carry
out an electronic exchange of documents in accordance with the Civil Code of the Russian Federation,
The Tax Code of the Russian Federation, Federal Law No. 63-FZ of 06.04.2011 "On
Electronic Signatures", as well as regulatory legal acts of the Ministry
of Finance of the Russian Federation and the Federal Tax Service of the Russian Federation.
Electronic exchange
of documents is carried out by sending notifications in electronic form to the
email address of the relevant party.
We can use an electronic signature in electronic documents.