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” or the “Rider”) 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 Rider Requirements, Age Restrictions, and Absolute Prohibition on Minors

  • 1.4.1 Age Thresholds: You must be at least 18 years of age to use our e-scooters (or the legal age required to operate such units under applicable Aruba law, whichever is higher). 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.

  • 1.4.2 Strict Prohibition on Minors: The use, access, or operation of any Vehicle or rented unit by minors is strictly prohibited. The Rider represents, warrants, and agrees that the unit shall not be operated, accessed, or used by any person under the required legal age specified above.

  • 1.4.3 Responsibility of Parents, Guardians, or Adult Account Holders: If a minor accesses, operates, or uses a unit through an account, application, user profile, payment method, credit card, or authorization registered under the name of a parent, legal guardian, or any adult, that parent, legal guardian, or adult account holder shall be fully, solely, and exclusively responsible for any and all traffic violations, fines, penalties, damages, accidents, injuries, claims, losses, expenses, or legal consequences arising from such use or misuse.

  • 1.4.4 Company Safety Notice: The Company expressly advises and urges all Riders and customers not to allow minors to operate the units and not to carry minors, children, or any additional passengers on the units. The Rider acknowledges that failure to comply with this safety requirement is at the Rider’s sole risk and responsibility.

  • 1.4.5 Licensing and Training: 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.

  • 1.4.6 Physical Fitness: 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.

  • 1.4.7 Safety Helmet: Subject to availability, we will provide Vehicles with an integrated safety helmet (the “E-MOOB Helmet”). You are permitted to use the E-MOOB Helmet for the duration of Your ride, however, the E-MOOB Helmet remains E-MOOB’s property. Your failure to return the E-MOOB Helmet back to its 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.

  • 1.4.8 External Circumstances: You are responsible for adapting Your driving to external circumstances and for determining Your general ability, medical condition, weather conditions (including rain, fog, snow, hail, ice, heat, or electrical storms), and traffic factors. You must adjust Your speed, riding behavior, and braking distance accordingly, or abstain from using the Vehicle if necessary.

  • 1.4.9 Pre-Ride Safety Check: You shall conduct a basic visual check of the Vehicle, the battery capacity, and the brakes before use. You must not use the Vehicle if there are any noticeable issues (visible damage to wheels, brakes, frame, E-MOOB Helmet, lights, low battery level, or unusual wear). Please report these issues under Section 8.

  • 1.4.10 Safe Handling: A Vehicle is an electric vehicle that requires being handled safely, prudently, and in accordance with government regulations and guidelines.

  • 1.4.11 E-MOOB Pass Restrictions: (i) The use of an E-MOOB Pass may be limited to the country or Operational Zone of purchase, and (ii) You do not have the right to apply discounts or promotion codes (Sections 2.2 and 2.7) on Services used via 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 (e.g., demonstrations, severe weather conditions, or regulatory enforcement by police authorities). E-MOOB is entitled to limit access at its discretion. Full access may also be limited due to automatic slow-speed zones imposed in specific pedestrian areas.

 

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

  • The battery level is set forth in the E-MOOB App. It is Your responsibility to check the battery level to ensure it is adequate before use.

  • The battery level will decrease with usage; capabilities and speed may decrease or cease entirely as the battery decreases.

  • The decrease rate varies based on vehicle condition, weather, road conditions, and user weight. It is not possible to map battery levels to fixed distances.

1.6 Your Use of the Services (Compliance with Traffic Laws, Passenger Restrictions, and Operational Rules)

  • 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 and Connectivity: Save in respect of Long Term Rentals, You must activate a Vehicle through the E-MOOB App. You will need working internet connectivity and a properly functioning mobile device to do so.

  • Rental Period: The rental period commences upon activation and continues until the Vehicle is successfully deactivated. You may temporarily park the Vehicle at any time via the App, and the rental period will continue to run and accumulate charges while 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 automatically ended by E-MOOB, and You must ensure that the Vehicle is parked lawfully.

  • Compliance with Applicable Traffic Laws and Fines: The Rider acknowledges, represents, and agrees that, while operating or using any scooter, e-scooter, bicycle, or other rented unit provided by the Company, the Rider shall at all times comply with all applicable traffic laws, rules, regulations, ordinances, public safety requirements, and local traffic regulations in force in Aruba (including riding in bicycle lanes and not on sidewalks where required, keeping walking speed in pedestrian areas, etc.). The Rider expressly acknowledges that any breach or violation of Aruba’s traffic laws or public safety rules may result in fines, penalties, charges, citations, or enforcement measures imposed by the Aruba Police or any other competent governmental authority. The Rider shall be solely and fully responsible for paying any such fines, penalties, charges, administrative costs, towing fees, or related expenses. The Company shall not be liable or responsible for any fines, penalties, sanctions, claims, losses, damages, injuries, accidents, expenses, legal consequences, or third-party claims resulting from the Rider’s failure to comply with traffic laws or any misuse of the unit. In respect of e-bikes, electrical assistance will cut off when the vehicle reaches 15.5 mph.

  • Passenger Restrictions (One Rider Per Unit Only): The Rider acknowledges and agrees that each unit is intended and permitted for use by one person only. Carrying, transporting, or allowing any additional passenger, second person, child, or animal on the Vehicle is strictly prohibited. If more than one person rides on a single unit, the Rider may be fined or sanctioned by the Aruba Police or other competent authorities, and the Rider shall be solely responsible for any resulting fines, penalties, injuries, or legal consequences.

  • No Minors as Passengers: Minors, children, or any underage persons are not permitted to ride as passengers on the unit under any circumstance. Operating a unit while carrying or accompanied by a minor is subject to immediate fines or sanctions by the Aruba Police, for which the Rider assumes full and exclusive responsibility.

  • Safety Measures When Riding:

    • Do not carry items that impede safely using the Vehicle (e.g., backpacks or packages inappropriate in size or weight).

    • Never exceed the maximum weight limit of 100 kg (kilograms), including all items carried by You.

    • Do not use any mobile devices, telephones, or media players while riding that may distract You. If you choose to attach a mobile device to the phone holder, you do so at your own risk; E-MOOB is not liable for any loss or damage to device(s) that fall from the Vehicle.

    • Never use a Vehicle while under the influence of alcohol, drugs, medication, or any substance that impairs Your ability to safely operate the Vehicle.

    • Wear a helmet of CE-standard, properly fastened, and suitable protective equipment.

    • Never use the Vehicle for competitions, races, professional/non-professional stunts, or trick riding.

  • Parking and Deactivation of Vehicles: You are responsible for parking and deactivating the Vehicle lawfully.

    • Lawful Areas: The Vehicle must be parked in public, visible, and lawful spaces within the Operational Zone. It cannot be parked or deactivated in Non-Parking Zones, private property, locked areas, or in conflict with local traffic regulations.

    • Obstructions: You must ensure the Vehicle stands steady on its kickstand and does not block entrances, access ramps, bus stops, crosswalks, or obstruct pedestrians and traffic.

    • Incentives and Photo Verification: E-MOOB may offer incentives for parking in Incentivised Parking Zones or mandate parking in Mandatory Parking Zones. Save for Long Term Rentals, You must take a clear, unblurred photo of the entire Vehicle at the end of Your ride to verify correct parking. We reserve the right to store this photo for compliance and incentive validation in accordance with our Privacy Policy.

  • Proper Condition upon Return: You shall return the Vehicle in the same condition in which it was rented, fit for immediate usage by others, normal wear and tear excepted.

    • Tampering: You may never tamper with, modify, or adjust the E-MOOB App or Vehicles in any way or for any reason.

    • Liability for Damages: You are responsible and liable for any damages suffered by E-MOOB relating to Your non-compliance with this Agreement, including indirect losses such as E-MOOB’s loss of income due to riding without payment or rendering a vehicle unfit for use.

    • Commercial Use Prohibited: You shall use the Services solely for personal consumer purposes. You may not share your E-MOOB Pass, re-sell, or exploit the Services for commercial, illegal, or unethical purposes.

  • Fair Use of the E-MOOB Pass:

    • (a) Use is limited to 45 minutes per ride. Minutes exceeding this limit will be charged on a standard pay-per-ride basis under Section 2.1.

    • (b) If You exceed nine (9) rides or 200 minutes of total daily use, E-MOOB reserves the right to suspend Your Pass and account. E-MOOB will notify You upon the first breach; continuous violations will trigger immediate suspension under Section 1.10, and unused advanced purchase fees will be refunded.

1.7 Lost or stolen Vehicle

(This clause 1.7 does not apply to Long Term Rentals) You are responsible for deactivating and parking a Vehicle within an Operational Zone. You may not lock or hide the Vehicle unless it is active.

  • Abandoned Vehicle Charge: E-MOOB is entitled to charge You $30 if a Vehicle is considered abandoned (i.e., the 1-hour maximum usage period is exceeded and no attempts to lock or end the ride are detected). This covers retrieval costs, without prejudice to E-MOOB proving higher actual damages.

  • Stolen Vehicle Criteria: A Vehicle is deemed lost or stolen if its GPS unit is intentionally disabled, if it moves after deactivation without authorization, or if other facts reasonably imply loss or theft.

  • Recovery Actions: E-MOOB holds full authority to take recovery actions, including involving local police, filing insurance claims, or demanding information from You. If You are culpably responsible for the loss, You will be held fully liable for the replacement costs and damages incurred.

1.8 Accidents, Insurance, and other incidents

You must report any accident, crash, damage, personal injury, or stolen/lost Vehicle to E-MOOB immediately via support@e-moob.com. You are encouraged to gather evidence (photos, witness details) subject to local privacy laws.

  • Third-Party Incidents: If an incident involves third-party personal injury or property damage, You must report it to the local police department immediately. You must provide E-MOOB with copies of police reports and cooperate fully with E-MOOB and its insurers.

  • Insurance Coverage: Terms of coverage are listed at https://www.e-moob.com/insurance/ and vary by city. The cost of insurance is automatically bundled into the rental rates; there is no option to ride without insurance. Insurance policies may be updated dynamically based on provider terms.

     

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 Assumption of Risk, Indemnification, Account Suspension, and Contractual Fees

  • 1.10.1 Assumption of Risk: The Rider expressly assumes all risks associated with the use, operation, or possession of the unit.

  • 1.10.2 Indemnification: The Rider agrees to indemnify, defend, and hold harmless the Company (E-MOOB), its owners, directors, officers, employees, agents, representatives, affiliates, and partners from and against any and all claims, demands, liabilities, fines, penalties, damages, losses, costs, expenses, injuries, or legal actions arising out of or related to the Rider’s breach of this contract, misuse of the unit, violation of traffic laws, use by a minor, carrying of an unauthorized passenger, or any negligent, reckless, or unlawful conduct.

  • 1.10.3 Baseline Fees for Breach: We reserve the right to charge You a fee of $30 for any breach of Section 1 provisions. If the actual damage or loss suffered by E-MOOB exceeds $30, E-MOOB reserves the right to claim full damages. Any fines, sanctions, or payments imposed on E-MOOB due to Your contractual default must be fully reimbursed by You.

  • 1.10.4 Account Suspension: We reserve the absolute right to deactivate, block, or suspend Your account and E-MOOB Pass immediately, without prior warning, if we suspect a violation of safety rules, minor usage prohibitions, or abnormal patterns of service use.

  • 1.10.5 No Compensation: You acknowledge that You are solely responsible for Your driving and cannot claim compensation from E-MOOB for damages arising from a breach of Your obligations under this Agreement.

1.11 Long Term Rentals

  • Application: In specific Operational Zones, E-MOOB may offer a limited number of Vehicles for Long Term Rental for a Minimum Rental Period of 60 days, rolling on a monthly basis thereafter. Standard terms apply unless amended by this Section 1.11.

  • Signing Up: Available on the Website, subject to having an active E-MOOB App account and vehicle availability. Signing up constitutes full acceptance of this Agreement. E-MOOB will designate a specific collection point.

  • Duration and Renewal: Hires run for the 60-day Minimum Rental Period and renew automatically on the first day of each calendar month unless canceled. E-MOOB will endeavor to send a renewal reminder toward the end of the month.

  • Fees: Billed monthly in advance using Your registered payment method. Failed or declined payments will trigger account suspension under Sections 2.3 and 2.4, and E-MOOB reserves the right to retrieve the vehicle. Pro-rata billing applies if a rental starts mid-month.

  • Chargers: You will be issued an individual E-MOOB charger. You agree to follow all charging instructions and must never use third-party chargers. Always charge indoors. Charging the e-scooter outdoors is strictly forbidden and users are liable for any resulting water damage.

  • Battery Maintenance and Support: You must keep the Vehicle adequately charged. An administrative call-out charge of $25 USD will be applied if the battery drops below 10% and requires E-MOOB operational support. You are responsible for any damage to the charger or vehicle beyond fair wear and tear.

  • Usage and Storage: You must use the Vehicle in compliance with local laws (bicycle lanes, speed limits, etc.). You must store the Vehicle safely and securely on Your premises using only the specialized lock provided by E-MOOB. The vehicle and charger must be made available for inspection or maintenance upon E-MOOB’s request.

  • Lost or Stolen Long Term Rentals: You must notify E-MOOB within 12 hours of theft or loss. You will be liable for a $50 USD recovery charge, and if the Vehicle cannot be recovered, a replacement charge of $370 USD.

  • Faulty Vehicles: If the Vehicle becomes faulty, You must notify E-MOOB within 10 minutes of discovering the fault, specifying the exact issue and location. Failure to report within 10 minutes combined with vehicle abandonment makes You liable for full loss/theft replacement fees.

  • Termination: E-MOOB may cancel a Long Term Rental at any time without disclosing a cause. You may cancel after the Minimum Rental Period by providing a 7-day written notice before the end of the calendar month. The vehicle and charger must be returned successfully according to E-MOOB’s instructions; otherwise, the rental automatically renews for another month. E-MOOB will coordinate collection (Monday-Friday, 9 AM – 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.

     
  • 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 check prices 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 or released immediately after the ride if unused. Release times depend on third-party bank processing days.

  • 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 payment method the fees described in this Agreement or in the E-MOOB App.

  • 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 via support@e-moob.com, providing the trip date, purchase/renewal timestamps, and approximate starting and ending times.

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 (text, email, social media, or copy 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.

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