Funride User Agreement
Last Revised: Sep. 29, 2019
The services made available to Users of Funride e scooters are provided only on the condition that the User agrees to the terms and conditions in this user agreement between User and Fun Ride for Trading — owner of the “Funride” brand. Either by accepting this agreement or by using the services, the User acknowledges that he or she has read, fully understands, and agrees to be bound by the terms of this agreement.
If you have any questions regarding this agreement or the services, please contact Funride via email on Info@Funnride.net
Contingent on Funride’s acceptance of the User’s Application, and subject to the terms and conditions of this Agreement, Funride will provide the User with the Services as set forth in the Application for the User Term. User may use the Services solely for the User’s own purposes (not for the benefit of any other person or entity) during the User Term.
If a business or other legal entity has entered into a Corporate User Agreement, the Users covered by that Corporate User Agreement may use the Services solely for the purposes set forth in the Corporate User Agreement. Communicating allowable uses to such Users will be the responsibility of the business or other legal entity. Funride shall not be responsible for such communication.
Purpose of the Agreement: This Agreement is an Electrical Scooter-share service agreement between Funride and User, but does not in itself confer any right of use of the Funride Scooters. The User may use Funride Scooters provided through Funride after duly completing the registration process. The User does not, by this Agreement or otherwise, acquire any rights of ownership or control over Funride Scooters, its operations or finances; nor that of any vehicle or other transportation device made available for use to Users.
Changes to User’s Agreement: Funride retains the right to change, limit or deny the Services to a User for any reason at any time.
To be eligible for the Services, the User must:
Own or control a mobile device that is compatible with the Funride App. The User is responsible for obtaining, at the User’s own expense, all equipment and services needed to access the Services via such mobile device. The User understands that its wireless carrier may charge it certain fees for data, text messaging, and other wireless access or communications services. Funride does not guarantee that the App can be accessed through all wireless devices or service plans or are available in all geographical locations.
Be at least 14 years old or be the Parent or Legal Guardian of a User who is below 14 years of age; has read and agreed to the terms, conditions, and agreement set forth, and authorized the use of the Services by the (major or minor) User.
FEES & PAYMENT
Fees. The User agrees to pay to Funride the Start Fee and other per-minute charges, in accordance with the User’s ride duration until the User ends the ride, as is hereby expressly incorporated into this Agreement by reference.
Renewal: the User selects a plan by buying a voucher. Funride will immediately charge the voucher payment to the User’s selected payment method. If the User selected the option of auto renewal, this transaction shall happen automatically and charge the voucher fee for successive purchases, unless user cancels auto renewal option, or selects a different plan.
No Refunds. All fees relating to the User, including the User Fees, Plans, reloads, and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable.
Method of Payment. The User shall pay all fees and costs incurred when due, including application fees, User Fees and other costs and fees as provided in this Agreement and the Rate Schedule. The User agrees that Funride may charge the User’s selected payment method for any such payments. Funride accepts payments through payment methods detailed on the applicable payment screen, which may include various credit or debit cards, ApplePay, SamsungPay, etc. The User may be asked to provide the Payment Gateway Service Provider with a credit or debit card number from a card issuer that Funride accepts in order to activate and/or pay for any fees related to the Services.
Pre-Authorization. Funride Payment Gateway Service Provider may seek pre-authorization of User’s credit or debit card account prior to a fee or cost becoming due in order to verify the card is valid and/or has the necessary funds or credit available to cover such fees or costs.
Disputed Charges. The User agrees to submit any disputes regarding any charge to the User in writing to Funride within 30 calendar days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Delinquent Accounts. Any User Account which is delinquent will be suspended or terminated solely at Funride’s discretion. Any credit card which is rejected may result in suspension or termination of the User, solely at Funride’s discretion. The User must notify Funride in the event of the credit card on record being changed, expiring, or being no longer valid, and replace it with a valid credit card. Funride Scooter may seek third party assistance with unpaid or delinquent accounts, if the User does not pay outstanding charges.
Maximum rental time and charges. Maximum rental time of a Funride Scooter is 24 hours from the actual time of start of the rental ride by the User. User agrees to deactivate a Funride scooter rental within 24 hours of time that rental of the Funride Scooter began. User may then rent again. User agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking the Funride Scooter. The prevailing maximum day (24 hours) charge is $550 USD (converted to local currency at Central Bank Rate) for each electric scooter. After return of the Funride Scooter, the User will be charged the accumulated rental charges, or the maximum day charge; whichever is lower. A Funride Scooter not returned (locked and a ride concluded within service zone) within 48 hours will be considered lost or stolen, and User may be charged up to $850 USD (converted to local currency at Central Bank Rate) for each Scooter, and a police report may be filed. Funride may also charge a collection service fee of $150 USD (converted to local currency at Central Bank Rate) for rentals in excess of 24 hours where the Funride Scooter is not lost or stolen.
The User agrees to return the Funride Scooter to Funride in the same condition in which it was rented. Until the Funride Scooter is locked, the User shall be responsible for loss and damage to the Scooter. The User will not be responsible for normal wear and tear.
The User shall, at no time, attempt to electrically charge the battery of the Funride scooter, because Local Partner in the Territory is solely authorized and responsible for charging and recharging the scooter batteries, unless otherwise advised by Local Partner.
The User acknowledges that he/she is fully aware that any Funride scooter is designed to carry a maximum weight to 100 kilograms. The User shall be responsible for any damage to the scooter due to excess weight on the scooter at any time or place during the rental period.
DUTIES & RESPONSIBILITIES OF USER
Acknowledgment. The User declares to Funride that the User has received all reasonable explanations of the content of this Agreement, the Rules and the Rate Schedule currently in force and that it has taken all reasonable and prudent measures to ensure that it has correctly understood all of its commitments and obligations.
Reporting of Accidents and Cooperation. If, while User is in possession of a Funride Scooter, the Funride Scooter is involved in an incident that results in injury or damage to a third party or third-party property, the User must immediately inform the police and obtain an official police report.
The User must not, without Funride’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident. In the event of injury or damage to a Funride Scooter, a third party or third-party property, the User agrees to cooperate fully with Funride’s investigation of such event and the defense of any resulting claim or litigation.
The User agrees that Funride or its insurer may at its own cost bring, defend, enforce, or settle any legal proceedings against a third party in the User’s name in relation to the incident.
INDEMNIFICATION & LIMITATION OF LIABILITY
The User agrees to indemnify, defend, and hold Funride harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Funride arising from or related to the User’s use of a Funride Scooter or any person permitted by the User to use a Funride Scooter.
The User agrees to indemnify and hold harmless, third-party garages or locations where Funride parks Funride Scooters for Users to pick up, drop off, or otherwise operate during the course of their reservation or while present at said locations using the Funride Scooter app and/or with any purpose associated with their Funride Scooter membership.
Limitation of Funride’ liability. Except to the extent that any loss or damage is due solely to Funride’s negligence: Funride makes no warranty, express or implied, as to any matter whatsoever including, without limitation, the condition of a Funride scooter, its merchantability or fitness for a particular purpose. Funride is not liable for any indirect, special or consequential damages arising out of user’s use of a Funride scooter.
Funride shall not be responsible for any loss of, or damage to, any goods in or on the Funride Scooter, including User’s mobile device that is running the App, nor shall it be responsible for any loss or damage to third parties for the actions taken by any User during the period User is responsible for a Funride Scooter.
Funride does not guarantee the availability of a Funride Scooter for use by the User. The use of Funride Scooters by Users is subject to availability, on a first-come, first-served basis, and although Funride’ makes an effort to meet the demand for Funride Scooters by Users, Funride cannot guarantee that supply will be adequate to provide a Funride Scooter to User at any given time. Funride cannot and does not guarantee the availability or functionality of a Funride Scooter, whether or not reserved, and shall not be responsible for any direct, indirect, incidental or consequential damages or injuries arising from the reservation, non-availability, supply, operation or use of a Funride Scooter, even if it has been advised of the possibility of such damages.
Funride shall not be responsible for direct, indirect, incidental or consequential damages or injuries arising from the use of any Funride Scooter accessories supplied by Funride (e.g., helmet, lock, etc.). The User is responsible for the safe use of such accessories and must check their condition before each use. If any accessory is found not to be in good condition or working order, the User should not use such accessory and should promptly notify Funride and request a replacement.
Any use of a Funride scooter that is prohibited by this agreement voids all insurance, accident, or liability coverages, including any CDW (where permitted by law); makes Funride subject to immediate recovery without notice to the User; and makes the User responsible for all loss or damage to, or connected with the Funride scooter, including Funride’s expenses, to the extent that such loss or damage is due to such prohibited use.
CHANGES TO THE AGREEMENT, TERM, NOTICES
Funride reserves the right to revise this Agreement at its sole discretion at any time, and shall give notice to the User of such revisions. Notice will be considered given when the revised Agreement is posted to the Site or on the App or when sent by email to the User’s email address in Funride’s records. Any revisions to the Agreement are effective upon such notification. The Agreement will be identified as of the most recent date of revision. The User should visit this page regularly to ensure its continued acceptance of this Agreement. The User’s continued use of the Services after any revision to these Terms constitutes its binding acceptance of the revised Agreement. Notwithstanding the preceding sentences of Section 7, no revisions to this Agreement will apply to any dispute between User and Funride that arose prior to the date of such revision.
Term and Termination of the Agreement. The Agreement shall be in force until terminated pursuant to this Section 7 or as otherwise provided in the Agreement, as applicable.
Termination by User. The User may terminate this Agreement at any time without cause upon one week’s written notice to Funride. In order to be effective, notice of termination must be sent to Funride by email at email@example.com
Termination by Funride. Without cause, Funride may terminate this Agreement at any time without cause upon one week’s written notice to User.
For Cause. This Agreement shall be automatically and immediately terminated, upon written notice by Funride to the User if the User: is not making payments as such payments become due; becomes insolvent; files, or has filed against it, a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days after the filing of such petition (or document); proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors; makes a general assignment for the benefit of creditors; if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of its property or business; or is convicted of a driving-related criminal offense (e.g. driving under the influence of alcohol or controlled substances, hit-and-run, reckless driving).
Funride may, at any time, without notice, immediately terminate the Agreement if the User fails to pay any sum due under the Agreement or the Rate Schedule.
Funride may, at any time, without notice, immediately terminate the Agreement if the User does not comply with any term or condition specified in the Agreement or the Site or the App.
In case of termination, the User agrees to return immediately to Funride any Funride Scooter, or any other article the User might have in its possession.
The User agrees to pay any attorneys’ fees, court costs or costs of other legal procedures necessary for Funride to recover any amounts due and owing, the Funride Scooter or any other object the User might have in its possession under this Agreement. The User shall be responsible for any fees or costs incurred up to and including the date of termination.
Penalties. In addition to all its other rights and resources set out in the Agreement, Funride reserves the right to impose service fees on the User, in case of non-observance by the User of any provision of this Agreement, in the manner and amounts specified in the Agreement and/or the Rate Schedule.
Choice of Legal Jurisdiction. This Agreement shall be construed and enforced in accordance with, and the rights of the parties hereto shall be governed by, the laws of local Jurisdiction of Operation. Each of the Parties hereby irrevocably submit themselves to the jurisdiction of the courts in the territory of Operations, in Saudi Arabia of Funride’s choice. The prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.
Notices. The User must provide any notice required in accordance with this Agreement via the User Account or the following email address: firstname.lastname@example.org, Funride’s routine communications regarding the Services and any legal notices will be sent to the User either electronically (via User Account, the User’s email address on record, or by text message to the User’s mobile device using the number provided by User), by mail or by courier, except that Funride may give notice of an amendment to the Agreement by posting the notice on the Site, the User Account, or by email to the email address on record. By providing the User’s mobile telephone number to Funride, the User consents to receiving text messages from Funride relating to the provision of the Services. Notices are deemed received as of the time delivered. Funride may periodically send User messages of an informational or advertising nature via email. User may choose to “opt-out” of receiving these messages by selecting the “opt-in” or “opt-out” link, as the case may be, at the foot of every such email. The User acknowledges and agrees that notwithstanding User’s request to opt out from such messages, Funride may still send and the User may still receive emails or text messages reasonably required for the proper conduct of the Services. If the User does not wish to receive any messages from Funride, the User must terminate the User Account and cease to use the Services.
Data Breach Notification. Notwithstanding the User’s determination to opt-out of receiving electronic messages or cease use of the Services, the User agrees that in the event an incident occurs in which a third party obtains unauthorized access to the User’s personal data provided to Funride, the User agrees that should Funride become legally obligated to provide notice of such unauthorized access Funride may provide such notice to the User electronically by using the email address or mobile telephone number provided by the User.
WHO MAY OPERATE A FUNRIDE SCOOTER
Only Users in good standing may operate a Funride Scooter.
Non-Users are expressly prohibited from operating a Funride Scooter.
Subletting or re-letting of the Funride Scooter to another person, even to another User, is expressly prohibited.
Only persons over the age of 14 may become a User and may operate a Funride Scooter.
Only one person may ride a Funride Scooter at a time (maximum weight 100 kilograms due to technical capacity of the scooter).
Funride Scooters shall not be used as follows:
To propel or tow any vehicle, trailer, or other object
To transport animals of any kind or nature, living or otherwise
During a race, competition or to perform tricks
By a User while under the influence of drugs or alcohol or any other intoxicating substance
During the commission of a crime or other illegal activity such as protest march, escape from law, knowingly or unknowingly carrying items/goods prohibited by law, etc.
In a negligent or abusive manner or for any use outside the scope of a Funride Scooter’s intended purpose (violating a traffic law, or receiving a ticket in an accident (including jay walking, zebra crossings) is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred)
By anyone who has provided Funride with false information in order to become or remain a User
While there is inclement weather, including heavy rain, hail storms, sand storms, electrical storms or strong wind, which make it more dangerous to operate a Funride Scooter
While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Funride Scooter that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a Funride Scooter, as determined by Funride in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.
RESERVING FUNRIDE SCOOTERS
Funride Scooters are available to Users on a first-come-first-served basis or via reservation. Users using a Funride Scooter on a first-come-first-served basis will be billed for the time they use the Funride Scooter according to the Rate Schedule. If a reservation is made available by Funride, Users shall make such reservation via the Site or the App in advance, (i.e. prior to use) and will be billed at the time of the reservation. Reservations can be extended via the Site or App. Users may cancel or change an existing reservation via the Site or App within fifteen minutes after the reservation was made.
FUNRIDE SCOOTER USE
The User must secure the Funride Scooter ensuring that it is clean and in good working condition after their trip. Prior to taking possession of a Funride Scooter, the User must inspect the Funride Scooter for evidence of damage and disrepair. If any damage or disrepair is discovered, the User must notify Funride immediately using the App in order to avoid being held responsible for such damage or disrepair.
If the User fails to report any evidence of damage prior to using the Funride Scooter, the User may be liable for the cost of repairing the Funride Scooter. For the User’s own safety, the User is prohibited from operating a Funride Scooter if any of the following equipment is not in good working order: tires, brakes, lights.
Users are responsible for all charges and costs incurred, and any damages, pertaining to the Funride Scooter from the time a User activates a Funride Scooter until the Funride Scooter is returned and secured, and the ride ended via the App.
The User must notify Funride immediately in the event that the Funride Scooter: malfunctions; is damaged; or is stolen.
The User is responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees. If the User fails to pay for any violations incurred, and Funride pays such violations, the User agrees that Funride may charge User’s payment method on record in accordance with the Agreement.
This schedule will be changed from time to time as Funride makes changes to its service. Applicable rates are indicated in the APP with charges To Start the Ride and per minute of the ride, until completion of the rid. Rates are stated in the App before the ride.
FEES & PENALTIES
Pick Up Fees. If the User is unable return a Funride Scooter to a valid area (i.e. User secures the Funride Scooter on private property, a locked community/property or gated zone, or another unreachable area), and requests that the Funride Scooter be picked up by Funride staff, Funride, at its sole discretion, may choose to charge User a pick-up fee up to $150 USD (converted to local currency at Central Bank Rate). If any Scooter accessed under the User’s account is abandoned without notice, the User will be responsible for all fees until the Scooter is recovered and deactivated, plus a service charge to recover the Funride Scooter. Fees are subject to change.
PROMOTIONS AND REFERRAL PROGRAMS
From time to time, Funride may offer promotional discounts or credits (“Promotional Credits”) to Users, or operate a referral program whereby Users who are interested can refer their friends or contacts to Funride for credits (“Referral Credits”). Funride reserves the right to withhold or deduct Promotional Credits or Referral Credits in the event that Funride determines or believes that the receipt of the Promotional Credit or Referral Credit was in error, fraudulent, illegal, or in violation of our rules or any other applicable agreement between you and Funride, as determined in Funride’s sole discretion.
16. OTHER PROVISIONS
Corporate User Agreement. Under this Agreement, an employee or member of a business or other legal entity that has entered into a Corporate User Agreement shall be treated as a User for purposes of this Agreement. The entity and such User are jointly and severally responsible for their commitments to Funride and for any claim or other action Funride might take against them.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Funride without restriction. Any assignment attempted to be made by User in violation of this Section shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns. No delay or omission by Funride to exercise any right or power occurring upon any noncompliance or default by the User with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by Funride of any of the covenants, conditions, or agreements to be performed by the User shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. The parties further agree to substitute for the invalid provision, a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Force Majeure. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including a local failure of the Internet, fire, flood, acts of God, explosion, local or national emergency, government requirements, change by government in business cyber laws relating to the App, etc.
Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and the parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, that is not contained in this Agreement. Funride is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Funride.
If there is a conflict between the terms of the Application or a Schedule and the Agreement, the Agreement will govern.
Independent Contractors. Funride is an independent contractor and neither party is an agent of the other and neither party has the right to bind the other on any agreement with a third party.
Headings & Captions. The headings and captions used herein are for convenience only and are not part of the Agreement.
Capitalized terms used herein, shall have the same meaning as given in the User Agreement.
Rules Schedule. In addition to the rules and obligations set forth in the User Agreement, Users are required to abide by the rules set forth in this Rules Schedule. By becoming a User, you are deemed to have accepted and agree to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination as User.
I, [to be completed electronically], have read and understand the Funride User Agreement.
Date: [to be completed electronically]
Signature: [to be completed electronically]