User-agreement

USER AGREEMENT AND TERMS AND CONDITIONS FOR USING THE E-MOOB SERVICES

This agreement (the “Agreement”) sets forth the legally binding terms and conditions for Your use of the Services provided by E-MOOB, a company registered in Oranjestad, Aruba with the operator Electric Green Vehicles. The purpose of this Agreement is to regulate the Services provided by E-MOOB, which is to offer you (“You”) the use of electric scooters and/or e-bikes after You have registered Yourself in the E-MOOB App.

DEFINITIONS

In this Agreement, the following words, terms, and phrases have the following meaning:

“E-bikes” means E-MOOB’s shared electric bikes.
“E-scooters” means E-MOOB’s shared electric scooters.
“Incentivised Parking Zone” means the areas defined and designated in the E-MOOB App in which parking is incentivised (e.g. by way of E-MOOB Credits).
“Long Term Rental” has the meaning given to it in section 1.11.
“Mandatory Parking Zone” means the areas defined and designated in the E-MOOB App in which You must temporarily park and deactivate the Vehicle.
“Minimum Rental Period” means a minimum 60-day initial period when You agree to a Long Term Rental.
“Non-Parking Zone” means the areas defined and designated in the E-MOOB App in which the Vehicles may not be deactivated. As You may not be able to reactivate a Vehicle once it has been deactivated in such an area, You should by all means avoid such an area because failure to comply may result in additional costs.
“Operational Zone” means the areas defined and designated in the E-MOOB App in which the Vehicles may be activated, used, temporarily parked, and deactivated.
“Privacy Policy” means the privacy policy regarding E-MOOB’s processing of personal data made available by E-MOOB at https://www.e-moob.com/legal/e-moob-privacy-policy/.
“Vehicles” is the collective term for E-MOOB’s e-scooters and e-bikes.
“Services” means the use of the Vehicles, Website, E-MOOB App, and its related services as described on the Website and in the E-MOOB App, and made available through the Website or the E-MOOB App, together with any other related equipment services, and information made available by E-MOOB.
“E-MOOB App” means E-MOOB proprietary software applications accessible via computer or mobile device and by which You may access the Vehicle.
“E-MOOB Credits” has the meaning given to it in section 2.7.
“E-MOOB Pass” means the right to use the Services by way of either a subscription-based purchase (e.g. monthly pass) or purchase of a fixed use period (e.g. 24-hour pass), as further described in the E-MOOB App. E-MOOB Pass may be available in different versions:

“Free Unlock Pass” allows unlimited free unlocks of Our Vehicles, and use of the Services as further described in the E-MOOB App and subject to limitations in the Agreement (excluding the fair use provision under section 1.6 below).
“Period Pass” allows the use of the Services as further described in the E-MOOB App and subject to limitations in the Agreement (including the fair use provision under section 1.6 below).

“Website” means the E-MOOB website www.e-moob.com.

1. GENERAL

1.1 Parties to the Agreement

You and E-MOOB are the sole parties to this Agreement. You are the sole user of the Services and You must not allow any others to use the Vehicle.

1.2 Register account

To use the Services, You must register an account in the E-MOOB App. You have to follow the instructions given during the registration procedure and provide correct information. Without proper registration, You must not use the Services. You may only register one account for Yourself and shall only undertake one registration. You shall make sure that no one else but You makes use of Your registration, particularly with regard to using a Vehicle. If You become aware of the risk that someone else uses Your registration or could use Your registration, for example, because Your computer or mobile device by which You may access the Vehicle has been stolen, You shall inform E-MOOB as soon as possible in accordance with Section 8. If You allow a third party to use Your registration or a Vehicle, You will be responsible for any and all use and/or misuse of the Services.

1.3 E-MOOB’s Services

E-MOOB shall provide You with the opportunity to use the E-MOOB App to find, activate, use, and deactivate a Vehicle if there is a Vehicle available. Vehicle availability is displayed in the E-MOOB App, except for Long Term Rentals, where section 1.11 applies for Vehicle availability. Given the limited number of Vehicles operating, E-MOOB does not promise or guarantee that You will always find a Vehicle within a distance convenient to You or that You will find a Vehicle at all (see section 1.5 below).

1.4 Your responsibilities and requirements for the use of the Services

You must be at least 18 years of age to use our e-scooters. You must be correctly and legally licensed to use and drive our e-scooters in Aruba. You must be at least 16 years of age to use our e-bikes. Operation or use of any Vehicle by any minor is expressly prohibited. If You allow a minor to use a Vehicle by e.g. activating it through Your account, You shall be responsible for any and all use and/or misuse. In respect of e-scooters, a minor is any person under the age of 18, in respect of e-bikes, a minor is any person under the age of 16.

It is Your responsibility to ensure You meet all applicable licensing requirements applicable to the Vehicles in Aruba and You must, as part of registration for the Services, provide us with accurate evidence of this licensing in accordance with our registration procedure. You will complete the training course in the E-MOOB App before commencing any use of a Vehicle.

You must be physically fit and reasonably competent to use the Vehicle, particularly with regard to taking part in street traffic and complying with traffic rules and regulations.

Subject to availability, we will provide Vehicles with an integrated safety helmet (the “E-MOOB Helmet”). You are not obliged to but are permitted to use the E-MOOB Helmet for the duration of Your ride, however, the E-MOOB Helmet is and remains E-MOOB’s property. Your failure to return the E-MOOB Helmet back to the E-MOOB Helmet lock on the Vehicle at the end of Your ride will result in You being unable to end the ride in the E-MOOB App.

You are responsible for adapting Your driving to external circumstances and for determining Your general ability, medical condition, weather conditions (including, without limitation, rain, fog, snow, hail, ice, heat, or electrical storms), and/or other factors that can generate any risk to You, Your use of a Vehicle, or others. You have to make Your decision whether and how to use a Vehicle depending on weather, traffic, or any other circumstance, uncertainty, or other factors, and must adjust, adapt and calculate Your speed, riding behavior, and braking distance. Due to the circumstances, it might even be advisable to abstain from any use of a Vehicle at all.

You shall conduct a basic safety check of the Vehicle before using the Vehicle with a visual check, a check of the battery capacity (see Section 1.5 below), and a check of the functionality of the brakes. You must not use the Vehicle if there are any noticeable issues (such as, amongst other things, visible damage to the Vehicle’s wheels, brakes, E-MOOB Helmet, lights, or frame, issues in relation to the battery level, signs of unusual or excessive wear of any kind or any other visual damage to the Vehicle or any malfunction of the brakes). If You notice any such issues with the Vehicle, You must not use the Vehicle. We would appreciate it if You let us know about such issues in accordance with the information in Section 8 below.

A Vehicle is an electric vehicle that requires being handled safely and prudently and in accordance with government regulations and guidelines.

Regarding E-MOOB Pass: (i) the use of an E-MOOB Pass may be limited to the country or Operational Zone in which the E-MOOB Pass has been purchased as further described in the E-MOOB App, and (ii) You do not have the right to apply 2.2 and 2.7 below (Discounts and promotion codes) on Services used by way of an E-MOOB Pass.

1.5 Availability of the Services

Vehicles are not available at all times, even within the Operational Zones and, in accordance with section 3.1.2 below, we are not responsible if You are unable to locate an available Vehicle.

Availability of Vehicles may differ within and between different Operational Zones due to high demand.

Access to the Services may be limited or restricted in some Operational Zones if this is necessary for ensuring Your safety or the safety of the Vehicles, for example, if there is a demonstration causing traffic problems or if the weather conditions are bad or similar. Please note that E-MOOB is entitled to limit or restrict access to Vehicles at its discretion but is under no obligation to do so unless such obligations are imposed on E-MOOB by police authorities or similar government or regulatory bodies. Section 1.4 remains unaffected. Full access to using a Vehicle may also be limited due to other reasons such as e.g. slow zones (i.e. when the speed is automatically lowered by Us due to speed limits in e.g. pedestrian areas).

The battery level of the Vehicle may affect availability in accordance with the following:

The battery level of the relevant Vehicle is set forth in the E-MOOB App. It is Your responsibility to check the battery level in the Vehicle to ensure that it is adequate before using the Vehicle.
The battery level remaining in the Vehicle will decrease with usage of the Vehicle, and operational capabilities and speed may decrease or cease in their entirety as the battery level decreases.
The decrease rate of the battery level may vary and differ from time to time due to different factors such as the condition of the Vehicle and the battery, weather conditions, road conditions, Your use of the Vehicle, and/or factors beyond Our control. It is therefore not possible to relate a certain battery level to a certain distance the Vehicle may be able to cover. If You are not sure whether the battery level is sufficient for You to reach Your destination You are advised to re-assess the contemplated use of the Vehicle.

1.6 Your Use of the Services

Different Operational Zones: You shall only activate, use, temporarily park, and deactivate a Vehicle within an Operational Zone in which the Vehicle has been activated. The correct Operational Zone is displayed in the E-MOOB App and must be checked before activating a Vehicle.
Activation, use, and temporary parking of Vehicles: Save in respect of Long Term Rentals (which may be activated in accordance with section 1.11), in order to use a Vehicle, You must activate a Vehicle through the E-MOOB App. You will need internet connectivity to do so, and it is Your responsibility to ensure that Your mobile device by which You may access the Vehicle is working properly and that You have sufficient internet access for use.
Rental period: After activating the Vehicle, the rental period commences and continues until the Vehicle is deactivated. You may temporarily park the Vehicle at any time through the E-MOOB App and are in such cases responsible for reactivating the Vehicle again. The rental period will continue while the Vehicle is temporarily parked.
Maximum usage period: Save in respect of Long Term Rentals, the maximum usage period is 1 hour, after which the ride will be ended by E-MOOB and, at this point, You must ensure that the Vehicle is parked in accordance with this Agreement.
Compliance with laws: You agree to use and temporarily park the Vehicle in compliance with all local applicable laws including local traffic regulations and/or other local regulations and You will additionally at all times use the Vehicle with respect towards pedestrians, property, and traffic, for example, by way of (where allowed by local legislation) riding in bicycle lanes and not on sidewalks, keeping walking speed while riding in pedestrian areas, etc. In respect of e-bikes, electrical assistance will cut off when the vehicle reaches 15.5 mph.

Safety measures when using a Vehicle: You have to use the Vehicle in a safe manner and take necessary measures to avoid, amongst other things, accidents and damage to persons and property. Such safety measures include, but are not limited to, the following:

To not use the Vehicle while carrying any items that might impede Your ability to safely use the Vehicle, including but not limited to, backpacks, bags, briefcases, or packages not appropriate in size or weight.
To only use the Vehicle Yourself. For the avoidance of doubt, You are not permitted to carry a second person, child, or animal on the Vehicle.
To never exceed the maximum weight of 100 kg(kilograms) when using the Vehicle. The maximum weight includes all items carried by You in compliance with this Agreement.
To not use any mobile device, including but not limited to, telephones, text messaging devices, media players, or other device(s) while riding a Vehicle that may distract You or impede You from safely using the Vehicle. If you choose to attach a mobile device to the Vehicle, including on the phone holder, you understand and agree that: (i) you do so at your own risk; and (ii) E-MOOB shall not be liable for any loss or damage to any mobile device that falls from the Vehicle, including the phone holder.
To not use a Vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely use a Vehicle.
To wear a helmet of CE-standard, equivalent, or a higher standard that has been properly sized, fitted, and fastened according to the manufacturer’s instructions and any and all other suitable protective equipment when using the Vehicle.
To never use the Vehicle for competitions, races, or equivalent events, including both professional and non-professional stunt or trick riding.

Parking and deactivation of Vehicles: You are responsible for parking and deactivating the Vehicle when You have completed Your use. Please note that section 1.11 contains additional provisions in respect of parking and storage of Long Term Rental Vehicles.

Lawful areas: The Vehicle must be parked and deactivated in lawful areas, i.e. the Vehicle cannot be parked or deactivated in any Non-Parking Zone, on private property, in a locked area/non-public space, or in conflict with local traffic regulations and/or other legal regulations. Where We consider a Vehicle lost or stolen, the terms of section 1.7 will apply.
Risk of damage: You shall neither park, temporarily park nor deactivate a Vehicle where there is an increased risk that the Vehicle may suffer damage. When deactivated and parked, the Vehicle must be in a visible space.
Compliance: You agree to park the Vehicle in compliance with local applicable laws and regulations and You will additionally at all times park the Vehicle with respect towards pedestrians, property, and traffic, by at least ensuring the following (where allowed by the local legislation): (i) the Vehicle is parked on a sidewalk closely alongside a wall or in connection to a bike stand/parking rack, (ii) the Vehicle is standing up in a steady manner on its kickstand, and; (iii) the Vehicle is not blocking entrances, access ramps, bus stops, crosswalks, or in any other way blocking or obstructing similar facilities.

Incentives and photo verification: E-MOOB may from time to time offer incentives if You temporarily park or deactivate a Vehicle in Incentivised Parking Zones and/or require that You temporarily park or deactivate in a Mandatory Parking Zone.

Photo requirement: Save as provided in section 1.11 regarding storage of Long Term Rentals at Your premises, You shall take a photo of the Vehicle You used in connection to parking it at the end of Your ride. The photo shall clearly show that You have parked the Vehicle in accordance with this section 1. The photo shall clearly display the complete Vehicle and shall not be blurred or in any other way unclear. We reserve the right to save this photo for the purposes of: (i) providing You with incentives as described above, or (ii) ensuring that you have parked in accordance with this section 1. Also for reasons set out in Our Privacy Policy, where such use of Your photo includes the processing of Your personal data (i.e. Your picture).

If You have parked or deactivated the Vehicle in a Non-Parking Zone or otherwise outside of an Operational Zone, You may not be able to reactivate it again.

Proper use of Services: You shall return the Vehicle to E-MOOB in the same condition in which it was rented and the Vehicle must be fit for immediate usage by other users, given normal wear and tear and with the exclusion of low battery level.

Tampering: You may never tamper with the E-MOOB App or Vehicles in any way and for any reason.
Liability for damages: You are responsible and liable for any damages suffered by E-MOOB relating to Your use of the Services, where you have not complied with the terms of this Agreement. This includes any indirect losses such as E-MOOB’s loss of income due to riding without payment, due to tampering with the Vehicle as well as a Vehicle being unfit for Use by other users.

Terms of use: You shall only use the Services in accordance with, and for the purposes outlined in, this Agreement. You shall only use the Services for Your own consumer purposes, e.g. you may not share your E-MOOB Pass with others. It is not permitted to re-sell or otherwise use the Services for commercial purposes. You shall not use the Services, or let someone else use the Services, for illegal or unethical purposes.

Fair Use of the E-MOOB Pass: Use of the E-MOOB Pass is limited in accordance with the following:

(a) Use is limited to 45 minutes per ride. If the use of a Vehicle is not ended within 45 minutes, You will be charged per minute above the initial 45 minutes of a ride on a pay-per-ride basis in accordance with section 2.1, paragraph 1 below.
(b) If You exceed nine (9) rides or 200 minutes of use in total in any one day using Your E-MOOB Pass we reserve the right to deactivate and suspend Your E-MOOB Pass and account. In the first instance of breach of this fair use provision point (b), E-MOOB will notify You. After such notification, if You continue to breach this fair use provision point (b), E-MOOB will deactivate and suspend Your E-MOOB Pass in accordance with Section 1.10 without any further warning. If we do this, we will refund You for any unused time of any advance purchase of the E-MOOB Pass.

1.7 Lost or stolen Vehicle

This clause 1.7 does not apply to Long Term Rentals. Please see section 1.11 in relation to lost, stolen, or damaged Long Term Rentals.

You are responsible for deactivating and parking a Vehicle within an Operational Zone. You may not in any way lock or hide the Vehicle unless the Vehicle is activated. If You do not deactivate or park a Vehicle within an Operational Zone and within the maximum rental period set forth in Section 1.6 above, You may be responsible for a lost or stolen Vehicle in accordance with the following.

Abandoned vehicle charge: E-MOOB is entitled to charge You $30 in the event the Vehicle is considered abandoned, i.e. the maximum rental period set forth in Section 1.6 above (1 hour) has been exceeded and We cannot detect any attempts to lock the Vehicle or requests to end the ride by You. This amount represents our estimated costs, losses, and expenses in retrieving the Vehicle and returning it to an Operational Zone, but E-MOOB reserves the right to prove that the damages were actually higher.
Consideration of lost or stolen vehicle: A Vehicle activated by You may be considered lost or stolen if (i) the Vehicle’s GPS unit is disabled on purpose, (ii) the Vehicle moves after deactivation and E-MOOB has reason to believe such movement was not caused by another user or any authorized third party, or (iii) other facts and circumstances implying, in the reasonable opinion of E-MOOB, that a Vehicle has been lost or stolen.
Recovery actions: If E-MOOB reasonably deems a Vehicle lost or stolen, E-MOOB shall have the authority to take any and all actions appropriate in order to recover the Vehicle or, if that proves to be impossible, to receive compensation for the loss of the Vehicle. This includes, without limitation, involving the local police and/or E-MOOB’s insurer, a request for information to You or, if You are culpably responsible for the loss, holding You liable for the damage incurred on account of the loss.

1.8 Accidents, Insurance, and other incidents

You must report any accident, crash, damage, personal injury, stolen or lost Vehicle, or other similar incidents to E-MOOB as soon as possible in accordance with Section 8 below. In cases of accidents, E-MOOB would appreciate it if You could try to gather evidence, if possible, for example, by taking pictures or by identifying possible witnesses, subject to applicable local legislation (including but not limited to data protection legislation).

Third-party incidents: If an incident involves third-party personal injury, property damage, or any other third-party damage, You shall report the incident to the local police department as soon as possible. This also applies if the Vehicle is stolen while activated by You. On request by E-MOOB, and subject to applicable local legislation, You will provide E-MOOB with any documents produced by the local police and cooperate with E-MOOB and/or E-MOOB’s insurer.
Insurance: The main terms of our insurance policies are available at: https://www.e-moob.com/insurance/ (“Insurance Policies”), which set out the extent of insurance coverage you may receive when using our Vehicles. The applicable Insurance Policy for your use of the Vehicles will be the Insurance Policy listed on https://www.e-moob.com/insurance/ for the city in which you are using the Vehicles at the time you unlock the Vehicle. The cost of the Insurance Policy is automatically included in the cost of using a Vehicle; there is no option to use a Vehicle without insurance. Note that the Insurance Policies may be amended from time to time depending on the conditions provided by our insurance company. Therefore, we recommend that you review the applicable Insurance Policy before you unlock the Vehicle.

1.9 Compliance with local laws and regulations

In addition to what has been stated above, You agree to at all times use the Services in compliance with any locally applicable laws, regulations, and rules. You understand that You are solely responsible and liable for any violation of any laws, regulations, and rules in relation to Your use of the Services.

1.10 Indemnification, damages, deactivation/suspension of Your account and fees

Fees for breach: We at all times reserve the right to charge You $30 when You have breached this section 1. If the damage suffered by E-MOOB exceeds $30, E-MOOB reserves the right to claim damages for the losses it incurs. We will use our reasonable efforts to remind You of any incorrect parking (in breach of this section 1) before charging this amount. In addition to what has been stated above, You understand that any fees, fines, or other payments imposed on E-MOOB or any damages suffered by E-MOOB on account of a failure by You to comply with this section 1 shall be compensated by You to E-MOOB.
Account suspension: We at all times reserve the right to deactivate or suspend Your account and E-MOOB Pass, if any, or limit Your usage of the Services where We have reason to believe that You have breached the terms of this section 1, or if Your use of the Service significantly differs from a normal pattern of use. In case of repeated breaches of fair usage of the Services, under Section 1.6, E-MOOB reserves the right to notify you and block Your account or to limit Your usage of the Services with immediate effect.
No compensation: You acknowledge that You are responsible for Your driving and that You may not claim compensation from Us for damages caused as a result of breach of your obligations under this Agreement.

1.11 Long Term Rentals

Application: In certain Operational Zones, E-MOOB may elect to offer a small number of Vehicles for Long Term Rental for the Minimum Rental Period and thereafter on a monthly rolling basis (each a “Long Term Rental”). All other Vehicles are not available for Long Term Rental. In respect of any Long Term Rental, unless indicated specifically, all other terms set out in this Agreement apply, but this section 1.11 only applies to Long Term Rentals.
Signing Up: Where Long Term Rentals are available within an Operational Zone, this will be identified by E-MOOB on the Website, where You can sign up for a Long Term Rental. You must have an account in the E-MOOB App to be able to use a Long Term Rental. Long Term Rentals are limited in number and subject to availability. E-MOOB shall have no responsibility to You if a Long Term Rental is not available at the point at which You require it. By signing up for a Long Term Rental, You are accepting the terms of this Agreement, including this section 1.11. When You sign up for a Long Term Rental, E-MOOB will, subject to availability, allocate a Vehicle to You, for the duration of Your Long Term Rental and will notify You of where and how to collect the allocated Vehicle.
Duration: By agreeing to a Long Term Rental, You are agreeing to hire a Vehicle for the Minimum Rental Period from the date you agree to a Long Term Rental. Following the Minimum Rental Period of your Long Term Rental, the Long Term Rental will roll on a monthly basis. Your Long Term Rental will renew automatically at the first date of each calendar month unless You terminate or cancel it in accordance with the terms of this Agreement. Towards the end of the month, we will endeavor to send You a reminder that Your Long Term Rental will automatically renew if you do not cancel it and You may choose to cancel it in accordance with the terms of this Agreement.
Fee: We will charge You the Long Term Rental fee, using the payment details You register with E-MOOB, at the start of each month during Your Long Term Rental period, in accordance with section 2 below. If Your payment cannot be processed or is declined, then section 2.3 and 2.4 below will apply. If payment is not received promptly, E-MOOB reserves the right to terminate Your Long Term Rental and recover the Vehicle in accordance with this section 1.11.
Chargers: For any Long Term Rental, You will need to access one of E-MOOB’s individual chargers to charge Your Vehicle from time to time. E-MOOB provides guidance on charging that You agree to follow. You acknowledge that You will not use any charger other than one of E-MOOB’s individual chargers to charge Your Vehicle. E-MOOB will notify You how and where to access chargers when You sign up for a Long Term Rental. Always charge indoors. It is forbidden to charge the e-scooter outdoors as this may result in water damage.
Battery maintenance: You are responsible for ensuring the Vehicle You rent has sufficient battery power for any journey and that any and all use of our charger is in accordance with the instructions which we provide to You. There will be an administrative or call-out charge of £25 if you allow the Vehicle’s battery to fall below ten percent charge and You require support from E-MOOB in relation to that Vehicle. You will be responsible for any and all damage to the chargers or the Vehicle when you are using them and You must notify us in accordance with section 8 below if either the Vehicle or the charger are damaged, whether by You or otherwise. If the Vehicle or charger is damaged during the Long Term Rental period, E-MOOB reserves the right to charge you in respect of the cost of making good any damage to the Vehicle beyond fair wear and tear.
Usage: During any Long Term Rental You agree to use the Vehicle in compliance with all local applicable laws and You will additionally at all times use the Vehicle with respect towards pedestrians, property, and traffic, for example, by way of (where allowed by local legislation) ride in bicycle lanes and not on sidewalks, keeping walking speed while riding in pedestrian areas, etc. In respect of e-bikes, electrical assistance will cut off when the vehicle reaches 15.5 mph.
Storage: During any Long Term Rental, You are responsible for ensuring that the Vehicle is stored safely and securely. If the Vehicle is lost or stolen whilst You are responsible for it, You will be held liable for the cost of replacing the Vehicle as detailed below. You may store the Vehicle on Your premises, as notified to E-MOOB when You sign up for the Long Term Rental, and, when parking or storing the Vehicle in any location, by using only a specially designated lock that is provided to You by E-MOOB with the Long Term Rental. You acknowledge that upon E-MOOB’s request the Vehicle and/or charger should be made available by You to E-MOOB for inspection and maintenance, as well as where You fail to make payment in respect of the Long Term Rental or You do not return the Vehicle to E-MOOB at the end of the Long Term Rental period.
Liability for lost or stolen vehicle: In the event that the Vehicle loaned to you during a Long Term Rental is lost or stolen You must notify E-MOOB within 12 hours of the Vehicle being lost or stolen. E-MOOB will use all reasonable endeavors to recover the vehicle. You will be liable to pay the following charges: (i) $50 for the costs associated with E-MOOB recovering a Vehicle (ii) if E-MOOB is unable to recover the Vehicle You will pay E-MOOB $370 for the costs associated with replacing the Vehicle.
Liability for a faulty vehicle: In the event that a Vehicle loaned to you during a Long Term Rental becomes faulty (during a ride or stationary), You must inform E-MOOB within 10 minutes of finding this fault. You must inform E-MOOB of what the fault is and the exact location of the Vehicle. If You abandon the Vehicle and have failed to notify E-MOOB within 10 minutes of finding this fault, You will be liable for the costs as detailed in the above paragraph.
Termination of Long Term Rental: E-MOOB retains the right to cancel a Long Term Rental at any time without having to disclose any specific reason in accordance with section 8 below. You retain the right to cancel the Long Term Rental after the Minimum Rental Period, subject to your right to withdrawal as detailed in section 11 below. E-MOOB requires a 7-day cancellation period should you wish to terminate or cancel the Long Term Rental after the Minimum Rental Period. Your termination or cancellation will take effect at the end of the 7-day cancellation period provided that:(i) Your notice of termination/cancellation has been received by E-MOOB no later than 7 calendar days before the end of the month, and (ii) You return the Vehicle and charger to us in accordance with our instructions, in accordance with this section 1.11. If the above (i) and (ii) are not performed by You, the Long Term Rental will automatically renew for a further month in accordance with this Section 1.11, subject to section 11 below, and the Long Term Rental will take effect at the end of the next month, provided (ii) is performed by you. At the end of your Long Term Rental E-MOOB will collect the Vehicle from You. You must make all reasonable endeavors to be available at a time suitable for E-MOOB to collect the Vehicle (Monday – Friday 9-5 pm).

2. PAYMENT AND CREDITS

2.1 Prices and Fees

Your rental of the Vehicle is on (a) a pay-per-ride basis, (b) after having purchased an E-MOOB Pass, or (c) as otherwise in accordance with the current applicable pricing set forth in the E-MOOB App, save in respect of Long Term Rentals.

Monthly charges: Your rent will then be charged on a monthly basis in advance, using your provided payment method, in accordance with the current applicable pricing set forth on the Website and where Your Long Term Rental commences partway through a month, the relevant monthly charge will be pro-rated to reflect the number of days in that month that remain unexpired at the point at which You sign up for Your Long Term Rental.
Prices, fees, and changes: In each case, the prices, fees, and other possible charges relating to all types of rentals may be subject to change and applicable taxes and other local government charges, which may be charged and collected by E-MOOB. You should at any rate check prices, fees, and other possible charges in the E-MOOB App every time before You activate a Vehicle.
Credit card authorization: E-MOOB reserves the right to reserve $20 directly from Your credit card in connection with Your use of the Vehicles, when You create Your account and when You add a new payment method. This reserved amount will be used to pay for Your ride in connection to which you were charged for or for the next ride after creating Your account or adding a new payment method. If the entire amount is not used for Your next ride, the reserved amount will be released immediately after the ride. You understand that the release of such a reserved amount may take certain business days due to banks’ and/or other third parties’ processing.
Currency: All Prices and all monetary values set forth in this Agreement are in USD.

2.2 Discounts and promotion codes

Promotion codes (discounts) are one-time offers and can only be redeemed via the E-MOOB App. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded. Discounts and promotion codes may not be used when using an E-MOOB Pass.

2.3 Payment methods and disputes

You must provide E-MOOB with information and details to a valid credit card or debit card or other payment method in order to register to use the Services in the E-MOOB App. You confirm that You are authorized to use any credit card or debit card or payment information You provide. You authorize E-MOOB to charge the provided credit card, debit card, or other agreed payment method the fees described in this Agreement or in the E-MOOB App that You have incurred in relation to Your use of the Services.

Notification of changes: You agree to inform E-MOOB without any undue delay of all changes related to the credit card or debit card which You have provided to E-MOOB.
Third-party payment processors: Payments to Us may be done through third-party payment processors. We are not responsible for the payment process or any charges requested by such third parties.
Disputing charges: In order to dispute any fees or charges charged by E-MOOB, You must contact E-MOOB within a reasonable time from the date of the disputed charge and provide E-MOOB any information E-MOOB finds necessary, such as the date of the trip/date of the purchase or renewal of an E-MOOB Pass and the approximate starting and ending times. E-MOOB asks that You contact E-MOOB in accordance with Section 8 below.

2.4 Outstanding Payments

Any outstanding payment of prices for the use of Vehicles by You or any fee charged on the grounds of this Agreement will be made by Us by using the payment method described in Section 2.3. If, however, such payment cannot be made on account of a reason within Your control (wrong credit card number, change of credit card without notification or similar), E-MOOB will inform You and set a period in order to rectify the situation. Until then E-MOOB is entitled to suspend any rental of Vehicles. If E-MOOB has not received information about a reliable payment method within two weeks, E-MOOB may terminate this Agreement and restrict or block Your access to the Services.

2.5 Actual Prices and deactivation of Your account

All fees set forth in this Section 2 and/or indicated in the E-MOOB App are subject to change subject to Your right to terminate the Agreement in accordance with Section 6. The price may change during the period of activation to deactivation if You ride during such moments when a different price starts (such as before and after midnight). You have to check the fees applicable in the E-MOOB App before activating a Vehicle.

2.6 Term and termination of an E-MOOB Pass

Your E-MOOB Pass will start from the point of time of E-MOOB’s receiving payment for the E-MOOB Pass and end: (i) in case of a subscription-based period, on the last day of the current applicable subscription period provided that either You or E-MOOB has/have canceled the subscription during the relevant subscription period, and; (ii) in case of a fixed use period, when the period ends. To end a subscription-based period, E-MOOB asks that You contact E-MOOB in accordance with Section 8 below.

Both E-MOOB and You have the right to cancel an E-MOOB Pass for a subscription-based period at any time without having to disclose any specific reason, however, subject to the notice period set out in this section (i) above and in the E-MOOB App.

2.7 Discounts and promotion codes

We offer special promotion codes to riders to provide discounts on rides (“E-MOOB Credits”). To apply E-MOOB Credits to a trip’s fare, enter the relevant promotion code any time before Your trip begins. In order to be able to use a promotion code, You have to have added a payment method.

Redeeming credits: Promotion codes are entered into the E-MOOB App by way of selecting “Free Rides” from the menu and then “Redeem Code”. To check Your E-MOOB Credit balance, select “Profile” and then “E-MOOB Credits”.
Automatic application: E-MOOB Credits will be used by default, so if You have a free ride on Your account, this will automatically be Your next trip. If all E-MOOB Credits have been used during a ride, You have to pay for any remaining part of the ride. If a promotion code has an expiration date, it has to be used prior to such date. Codes cannot be extended or renewed.
Conditions: E-MOOB Credits are one-time offers and can only be redeemed via the E-MOOB App. E-MOOB reserves the right to modify or cancel discounts not yet redeemed via the relevant promotion code at any time without notice. E-MOOB Credits may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded.

2.8 Share E-MOOB and get free rides

You may share Your promotion code with friends and thereby earn credits. You do this by way of selecting “Free Rides” in the E-MOOB App, where You will find Your personal invite code. You share Your personal invite code by tapping “Send Code” and selecting one of the options available. These options can e.g. be text, email, sharing on social media, or copying Your personal invite code.

When a friend completes their first trip with E-MOOB after using Your personal invite code, Your account will automatically receive E-MOOB Credits.

Personal invite codes should only be used for personal and non-commercial purposes. This means You can share Your invite link with Your personal connections (i.e. people that You know) via social media as long as You are the primary content owner. Public distribution on sites where You are a contributor but not the primary content owner is not permitted. Promoting Your referral code via search engine marketing (for example, AdWords, Facebook) is also not permitted.

Referred invitation codes are only applicable to an invited user’s first ride and not intended for existing users. Existing users attempting to take advantage of the referral program may have their referral promotions disabled.

2.9 Revoke credits and deactivate accounts

E-MOOB reserves the right to suspend rider accounts and revoke referral promotions that violate these terms.

We at all times reserve the right to deactivate Your account where You have not paid or in any other way have breached this section 2.

3. LIMITATION OF LIABILITY AND ASSUMPTION OF RISK; FORCE MAJEURE

3.1 Limitation of liability

3.1.1 Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence or the negligence of our employees, agents or subcontractors, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

3.1.2 We are however not liable for:

(a) any losses that were not foreseeable to you and us when you agreed to this Agreement or when you subsequently used a Vehicle;
(b) any business losses, including without limitation: (i) loss of profit; (ii) loss of business; (iii) loss of business interruption; or (iv) loss of business opportunity;
(c) any loss and/or damage suffered by You as a result of Your failure to comply with this Agreement or any event outside E-MOOB’s control (including any distress, inconvenience, anxiety or loss of enjoyment arising from the non-availability of the Vehicles or use of the Vehicles in contravention of these terms).

3.1.3 Where E-MOOB is held to be liable to You (taking into account the above exclusions), our liability shall be limited to £500,000.

3.2 Force Majeure

E-MOOB shall not be liable to You for any failure or delay to comply with its obligations under this Agreement due to any event, circumstance, or non-happening outside of its reasonable control including (without limitation), fire, flood, extreme weather, pandemic or epidemic, strikes, lockouts, or lack of operating resources or raw materials.

4. PROPERTY AND INTELLECTUAL PROPERTY RIGHTS.

4.1 Rights of E-MOOB

All text, images, pictures, sound recordings, videos, copyrights, trademarks, trade names, logos, and other intellectual or industrial property rights held or used by E-MOOB as well as those present in the E-MOOB App or on the Website (including titles, graphics, icons, scripts, source codes, etc.) are E-MOOB’s property or its third-party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited, or used (in whole or in part) without prior written permission.

4.2 Respect for E-MOOB’s property

You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair, or otherwise adjust any E-MOOB material or hardware, source codes, or information, including the E-MOOB App, Website, and Vehicle, for any purposes. The E-MOOB App, Website, and Vehicles may only be used for the purposes pursuant to this Agreement.

4.3 Respect for E-MOOB’s intellectual property

You agree that the Services and other information, including all associated intellectual property rights, provided and made available by E-MOOB, at all times, remain the exclusive property of E-MOOB and You may not in any way use E-MOOB’s exclusive property for commercial or any other purposes without E-MOOB’s prior written consent.

5. PRIVACY

E-MOOB processes Your personal data in accordance with the E-MOOB Privacy Policy, made available at https://www.e-moob.com/legal/e-moob-privacy-policy/.

6. TERM AND TERMINATION

This Agreement enters into force between You and E-MOOB: (i) the first time You use the Services provided by E-MOOB, (ii) in case of an E-MOOB Pass, the first time you purchase an E-MOOB Pass, or (iii) in case of a Long Term Rental, when you sign up for Long Term Rental in accordance with section 1.11 above, and will remain in force for as long neither You nor E-MOOB terminates the Agreement.

Both You and E-MOOB may terminate this Agreement at any time, however, any rental still ongoing shall be carried through in accordance with this Agreement. Obligations arising from any breach of contract during the term of this Agreement shall not be affected by its termination.

7. DISPUTES

All disputes relating to this Agreement shall be made in text form to the contact information given in Section 8 below.

8. CONTACT

E-MOOB can be contacted by email at support@e-moob.com.

In the event of termination Long Term Rentals, notifications of termination can be sent to support@e-moob.com

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of Aruba.

Any disputes arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof shall be brought before the courts of Aruba.

10. ENTIRE AGREEMENT AND MODIFICATIONS

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.

In the event E-MOOB seeks to amend the terms of this Agreement, it shall provide you with reasonable prior written notice of such amendments via email or via the E-MOOB App. If: (i) You do not object to such amendments within one month of notification of the changes; or (ii) you subsequently use the Services following such notification, the proposed amendments shall be deemed to have been accepted by You. E-MOOB shall expressly set this out at the time of such notification. The new versions of the Agreement will also be available in the E-MOOB App and on the Website.

Earlier versions of this Agreement will not be archived by E-MOOB. You are therefore recommended to print and save outdated versions of these terms.

11. WITHDRAWAL

Although this Agreement qualifies as a distance contract (concluded electronically without You and E-MOOB being physically present), please note that you have no right of withdrawal because the Service provided is the rental of Vehicles (please see regulation 28(1)(h) of the Consumer Contracts Regulations).

In case of E-MOOB Pass or any Long Term Rental however, You have the right of withdrawal within 14 days of the purchase of the E-MOOB Pass or the start or renewal of the Long Term Renewal period. You may use your right of withdrawal by sending us a notice in accordance with section 8. In case of such withdrawal, E-MOOB will reimburse You the amount You have paid for the E-MOOB Pass or Long Term Rental (as applicable) without undue delay and no later than within 14 days from when E-MOOB was notified. E-MOOB will use the same method of payment which You used when purchasing the E-MOOB Pass or Long Term Rental (as applicable). E-MOOB is entitled to deduct an amount equivalent to the use You have made of the E-MOOB Pass or Long Term Rental Vehicle (as applicable) before your withdrawal.