Information notice and Terms and Conditions
INFORMATION NOTICE
Information notice under Articles 49 and 51 of Legislative Decree No. 206/2005 and Art. 12 of Legislative Decree No. 70/2003 (for Italy).
IDENTITY OF PROFESSIONAL AND INFORMATION NOTICE PURPOSES
This Information Notice is drawn up by Ridemovi S.p.A. based in 20123 Milan, Via Carducci 31, VAT Code 02838590343, Tax Code and registration with the companies’ register 02838590343, certified email address ridemovi@nulllegalmail.it (“RIDEMOVI”), pursuant to Articles 49 and 51 of Legislative Decree No. 206/2005 (“Consumer Code”) and Art. 12 of Legislative Decree No. 70/2003. This Information Notice sets forth the main contents of the frame agreement (“Agreement”) that governs the Application, the website, the contents and the services provided in Italy under the RIDEMOVI brand that enables the user to locate, reserve, unlock and rent bicycles, e-bikes and electric scooters (“Ridemovi Vehicles”).
OBJECT
The object of the Agreement is the sale by RIDEMOVI of location, reservation, unlock and hire of Ridemovi Vehicles available at the time of user’s access to the Application (“Services”).
CONTRACT CONCLUSION AND STORAGE PROCEDURE
The agreement is concluded through the guided procedure provided in the Application, and is available for user’s access to the Services (the “Application”). The agreement shall be considered concluded on acceptance by the user of these Terms and Conditions available at the following link: https://www.ridemovi.com/terms (“Terms and Conditions”). A copy of these Terms and Conditions and of this Information Notice shall be stored in the reserved area of the Application, to be freely consulted by the user. The user may download these Terms and Conditions at the following link: https://www.ridemovi.com/terms.
CONSIDERATION AND METHOD OF PAYMENT
Based on the rates and price lists applicable from time to time, the user may purchase the Services at consumption-based prices, season tickets or passes (“Passes”) on a lump-sum basis. Moreover, before releasing Ridemovi Vehicles, RIDEMOVI may ask the user to pay, on the basis of going price lists, a guarantee deposit that shall be collected using the payment method selected by the user in his/her personal account accessible through the Application (“Account”). The charging period shall commence when the Ridemovi Vehicle is unlocked and shall end when the Ridemovi Vehicle is locked. The start and the end of a charging period shall constitute one trip. Payments may be made by credit or debit cards or other electronic payment systems. The user shall be charged every trip on a Ridemovi Vehicle and any fines, costs or sanctions on the basis of the price list and the conditions in force at the time of trip. Details on prices, fines, costs, sanctions, rates and guarantee deposits can be found in the Application by logging in with the data of the Account. The user shall not use the Services if he/she does not intend to accept the prices, fines, costs, sanctions, rates and guarantee deposits in force.
WITHDRAWAL, SUSPENSION AND TERMINATION OF THE ACCOUNT
The user may withdraw from the agreement and therefore close the Account at any time, by contacting RIDEMOVI at support.it@nullridemovi.com. Should the user fail to comply with the Terms and Conditions and/or any applicable laws or regulations while using the Services, RIDEMOVI may suspend the use of Services, including the hire of Ridemovi Vehicles, terminate the agreement and therefore the user’s account. Where the Account is closed at the request of the user, RIDEMOVI shall refund the guarantee deposit, if any, and any residual balance of the Account, after deducting any amounts owed to RIDEMOVI; regarding amounts spent on the purchase of Passes, the refund shall be paid to the user only if the Account was terminated in compliance with contractual provisions. If the Account is closed by RIDEMOVI for reasons other than the breach of contract by the user, RIDEMOVI shall also return to the user any amounts spent on the purchase of Passes, except for a deduction proportional to the number of days the Pass was used and/or any unit fractions provided. In any case, the balance will be refunded by no later than 14 (fourteen) days.
RIGHT OF WITHDRAWAL FROM THE PURCHASE OF PASS
The withdrawal from the purchase of Passes is permitted only to users who qualify as consumers (the so-called right of “repentance”) and in any case by no later than 14 (fourteen) days after the conclusion of the purchase order under Art. 52 of the Consumer Code; without prejudice to the foregoing, the consumer may start using the Services through the Application immediately before expiration of the “repentance” period. The user who qualifies as a consumer may exercise the right of “repentance” within 14 (fourteen) days starting (i) from the conclusion of the Agreement or (ii) where a Pass has been purchased, from the date of such purchase. The right of “repentance” may be exercised via e-mail to be sent to the following address: support.it@nullridemovi.com, specifying the user’s personal data, any Pass purchased from which the user intends to withdraw and the date on which it was purchased, using the form specified under Art. XII, Para. 6, of the Terms and Conditions. RIDEMOVI shall repay any amounts received from the user within 14 (fourteen) days of the day when the user exercised his/her withdrawal right. RIDEMOVI shall make the refund by the same payment method used by the user for the initial transaction. If the user started using the Services before expiration of the “repentance” period, the user shall pay RIDEMOVI an amount proportional to the number of days the Services and/or the Pass were used and/or to any unit fractions provided; RIDEMOVI shall have the right to offset that amount against that owed by the user as a result of withdrawal.
APPLICABLE LAW
The Terms and Conditions and the use of Services are governed by the Italian law.
PRESUMPTION OF PURCHASE FOR THE EXERCISE OF PROFESSIONAL ACTIVITY
The user acknowledges that, unless evidence to the contrary is supplied by him/her, those Services for which the user requested the issue of an invoice shall be deemed purchased for the performance of professional, handicraft, commercial or business activities; the user may not exercise the rights reserved for consumers by the Consumer Code regarding those Services.
PLACE OF JURISDICTION
In the event that the user qualifies as a consumer under the Consumer Code, any disputes shall be referred to the exclusive jurisdiction of the Court of the place of residence or domicile chosen by the user in the Italian territory. In all other cases, the Law Court of Milan shall have exclusive jurisdiction.
TERMS AND CONDITIONS FOR THE USERS OF RIDEMOVI SERVICES
TABLE OF CONTENTS
I. GENERAL PROVISIONS. TERMS OF CONCLUSION OF THE AGREEMENT. UNILATERAL AMENDMENTS. PRESUMPTION OF PURCHASE FOR THE EXERCISE OF PROFESSIONAL ACTIVITY.
1. These Terms and Conditions (“Terms and Conditions”) govern the access to, or the use of, applications, contents, products and services managed and marketed in Italy by Ridemovi S.p.A. (“RIDEMOVI”) under the “RIDEMOVI” brand.
2. The User shall carefully read these Terms and Conditions before registering on the application made available to users to access the services (“Application”) and in any case before accessing or using the services. The access to or use of the Services constitutes and implies acceptance of these Terms and Conditions. The companies related to or controlled by RIDEMOVI and its officers, directors, employees, agents, suppliers or contracting parties (“RIDEMOVI Parties”) have no authority to make individual exceptions or amendments to these Terms and Conditions.
3. The agreement is concluded through the guided procedure provided in the Application. The agreement shall be considered concluded on acceptance of these Terms and Conditions by the user, also in compliance with the provisions of Para. 2 above. A copy of these Terms and Conditions shall be stored in the reserved area of the Application, to be freely consulted and downloaded by the user. The user may download these Terms and Conditions from the following link: https://www.ridemovi.com/terms.
4. RIDEMOVI may amend these Terms and Conditions from time to time, when this is required to fulfil any new law requirements, implement organizational changes intended for improving the Service or preventing repeated misbehaviours of users where these are not covered by these Terms and Conditions or regarding which any previous regulations failed to prevent them.
5. The user acknowledges that, unless evidence to the contrary is provided by him/her, those Services for which the user requested the issue of an invoice shall be deemed purchased as part of the exercise of professional, commercial, handicraft or business activities; regarding those Services, the user may not exercise the rights reserved for consumers by Legislative Decree No. 206/2005.
II. SERVICES.
1. The Services include the Application, the website, the contents and the services offered in Italy under the RIDEMOVI brand which enable the user to locate, reserve, unlock and rent bicycles, e-bikes and electric scooters (“Ridemovi Vehicles”) available upon access by the user to the Application (“Services”).
2. Except as otherwise and expressly agreed in writing, the Services are made available to the user for personal and non-commercial use only in the designated operating area. Details on the operating area can be found in the Application or the website.
3. Subject to compliance with these Terms and Conditions, the user is granted a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable licence to (i) access and use the Application on his/her personal device solely in connection with the use of Services and (ii) access to and use any content, related information and material that may be made available through the Services solely for his/her personal use. Any rights not expressly granted hereby are reserved for RIDEMOVI.
4. The Services and all the rights related thereto are and shall remain the property of RIDEMOVI or that of respective holders. Neither these Terms and Conditions nor the use of the Services shall convey or grant to the user any rights in or related to the Services, except as provided for in these Terms and Conditions, and they do not entitle the user to use or otherwise make reference to RIDEMOVI’s names, logos and products or to those of respective holders.
III. THE USER’S ACCOUNT. THE USER’S AGE
1. In order to use the Services, the user shall register for a personal account (“Account”) accessible through the Application.
2. The user shall be at least 18 (eighteen) of age to register for an Account or use the Services. The user may use a Ridemovi Vehicle if he/she is at least 16 (sixteen) years old (“Minor”) and if the minor’s parent or legal guardian, by contacting RIDEMOVI at the address support.it@nullridemovi.com, (a) has registered the Account on behalf of the Minor, providing a copy of the identification card of the Minor and of the parent or legal guardian, (b) has represented and warrants that he/she and the Minor have agreed to these Terms and Conditions, and (c) that he/she takes full responsibility for all injuries, damage, costs and expenses arising from the Minor’s use of the Services in accordance with these Terms and Conditions and with law provisions. Individuals aged less than 16 (sixteen) years may not use the Services or Ridemovi Vehicles.
3. An Account registration entails an express acceptance by the user of these Terms and Conditions and requires the provision of such personal information about the user as personal details, e-mail address and mobile phone number, which shall be kept and processed in compliance with the privacy policy available at the following link: www.ridemovi.com/privacy.
4. By agreeing to these Terms and Conditions, the user is required to maintain in his/her personal Account information that is accurate, complete and up to date. Failure to do so may result in the user’s inability to access and use the Services or in the suspension of the user’s access to the Services.
5. The user is responsible for all activities carried out under his/her Account and shall be responsible for the security and secrecy of the Account’s username and password.
6. Except as otherwise permitted in writing, the user may register only one Account.
7. RIDEMOVI reserves the right to deny the registration of an Account or to suspend or terminate an Account under Article XII.
8. The user may not authorise third parties to use his/her Account, nor assign or otherwise transfer his/her Account to any other individual or entity in order for them to access or use the Services.
9. If so deemed necessary, the user may be asked to supply evidence of his/her identity to access or use the Services, and any such access or use may be denied should the user fail or be unable to supply evidence of his/her identity.
10. By creating an Account, the user accepts the sending by RIDEMOVI of information by text messages (SMS) to facilitate the use of Services. The user shall be free to opt out from receiving text messages, but acknowledges that this might affect the use of the Services, without thereby giving rise to any responsibility for RIDEMOVI.
11. The user acknowledges that he/she may at any time access these Terms and Conditions and data through his/her Account, and rectify any inaccurate or wrong information provided upon registration. Any update and/or amendment to these Terms and Conditions and/or the price list shall be notified to the user through the Application and/or by an SMS (short message service) sent to the mobile phone number provided by the user upon registration. Should the user disagree with any supplement or amendment to the Terms and Conditions, he/she may terminate the agreement and thus his/her Account under Article XII below.
IV. ACCESS TO RIDEMOVI VEHICLES.
1. Ridemovi Vehicles can be located, reserved, unlocked and used after logging in the Account. Ridemovi Vehicles are unlocked by scanning the QR code on the Ridemovi Vehicle.
2. The user shall be responsible for obtaining access to the data network necessary to access and use the Services. The messaging and mobile network data rates and fees provided for by the user’s telephone contract may apply, and the user shall be solely responsible for the payment of such rates. The user shall be responsible for acquiring and uploading any compatible hardware or devices necessary to access and use the Services and the Application and for any updating thereof. RIDEMOVI does not guarantee that the Services, the Application or any portion thereof, will work on any particular hardware or device. Moreover, the Services may be subject to malfunctions and delays caused by:
a) telephone or Internet networks;
b) adoption of new technical and maintenance measures necessary to maintain an adequate service performance level;
c) chance events or force majeure.
3. The Ridemovi Vehicles must be locked in the operating area, either manually and/or remotely through the Application. When the vehicle is locked, the user may be asked to load a photo of the Ridemovi Vehicle, also to enable the user to prove the accuracy of his/her parking in case of disputes/sanctions. Where loading the photo is required, failure to load the photo or the loading of a photo unsuitable for proving evidence of the accuracy of parking shall result in the application of a fine the amount whereof is specified in the website.
V. CHARGES AND PAYMENTS. CONSUMPTION-BASED PRICES, PASS, PROMOTIONAL CREDITS AND VOUCHERS.
1. The user may purchase the Services at consumption-based prices, by season tickets or on a lump-sum basis, by means of Passes as specified in Article 6 below. Moreover, RIDEMOVI may ask the user to pay, on the basis of going rates, a guarantee deposit that shall be collected, before the release of the Ridemovi Vehicle, using the payment method selected by the user in his/her account. Payments may be made by credit or debit cards or other electronic payment methods.
2. The charging period shall commence when the Ridemovi Vehicle is unlocked. The charging period shall end when the Ridemovi Vehicle is locked (by the user, pursuant to Article IV, Para. 3 above, or automatically by the system, two hours after the last movement). The start and the end of a charging period shall constitute one trip.
3. The user shall be charged each trip on a Ridemovi Vehicle on the basis of the rates and price list applicable at the time of the trip. Details on prices, rates and guarantee deposit are available in the Application, by signing in with the user account data. The user shall not use the Services if he/she does not intend to accept the prices or the guarantee deposit. The user may ask RIDEMOVI to issue the invoice by no later than 30 (thirty) days after the date of payment.
4. The charging period and any other applicable rates or charges, including fines, penalties, liquidated damages for Ridemovi Vehicles stolen and/or damaged, use of the Ridemovi Vehicles outside the operating area, parking inside a private property, parking outside a designated parking area, parking without using the lock of the Ridemovi Vehicle, breach of Legislative Decree No. 285 of 30 April 1992 (“Highway Code”) and any other breach of these Terms and Conditions, shall be determined using the data recorded on the systems and that data shall be proof of the use of vehicle. The user shall contact RIDEMOVI, on pain of forfeiture, within 90 (ninety) days of charging the amount should he/she wish to dispute the amount charged. The user consents that RIDEMOVI may charge directly to the electronic means of payment indicated by the user, the consideration for the Services, and any other charges (fines, penalties or other) provided for by these Terms and Conditions.
5. Prior to accessing a Ridemovi Vehicle, the user shall replenish his/her Account with sufficient funds for the trip. Charges shall be collected from the user account at the end of each trip. If insufficient funds are available in the user’s account, the outstanding balance shall be collected from the guarantee deposit or, should the latter be insufficient, as soon as funds will be later added to the account or directly from the electronic means of payment provided by the user. The user may not start a new trip on a Ridemovi Vehicle until sufficient funds are available in his/her account.
6. Based on the rates and price lists applicable from time to time, the user may also purchase season tickets that may be divided, on the basis of their duration, into daily, weekly, monthly, quarterly, annual or bi-annual passes (“Passes”). Passes are for an exclusive and personal use and cannot be duplicated, sold or transferred in any way, or made publicly available, except as expressly permitted in writing by RIDEMOVI. Passes may be subject to additional time limits or regulations which RIDEMOVI may determine for each Pass in compliance with all applicable rules and regulations; Passes cannot be redeemed for cash or credit for the use of the Services outside the specific terms provided for therein and/or beyond the fixed term, and cannot be collected or used after expiration. The purchase of a Pass shall not prevent the user from continuing to purchase the Services at standard rates. Passes (other than daily or weekly Passes) shall be subject to automatic renewal unless the user notifies a written cancellation notice by writing to support.it@nullridemovi.com at least 7 (seven) days before expiration, as far as monthly passes are concerned, or at least 30 (thirty) days before expiration, for other Passes, or by clicking on the activate/cancel button on the Application. Only where rate changes are made, the aforementioned changes shall be notified by RIDEMOVI to the holders of Passes with no delay, and the latter may exercise their right of withdrawal from any Passes automatically renewed (with application of the new rates) within 14 (fourteen) days of the automatic renewal.
7. RIDEMOVI may, in its sole discretion, create and offer promotional codes (“Promo Codes”) that may be used as a credit for the Account or other benefits relating to the Services (“Promo Credits”), subject to any additional terms or regulations that RIDEMOVI may determine for each Promo Code/Credit in compliance with all applicable rules and regulations. The user acknowledges that the Promo Credit/Code is for exclusive and personal use and cannot be duplicated, sold or otherwise transferred, or made publicly available, except as expressly permitted in writing. The Promo Code/Credit shall be used solely in compliance with specific terms and/or regulations that RIDEMOVI may determine for each Promo Code/Credit. The Promo Codes/Credits cannot be redeemed for cash or credit for the use of the Services outside the specific terms provided for by any related promotional initiative and/or after its expiration and shall not be collected or used after expiration of the initiative. RIDEMOVI reserves the right to recall or disable any Promo Credit/Code in compliance with the provisions of specific terms and/or regulations. RIDEMOVI reserves the right to recall or disable other functions or benefits provided by the Promo Credit/Code where the Promo Code/Credit has been collected or used in a wrong, fraudulent, illegal manner or in breach of any applicable law or in violation of these Terms and Conditions.
8. If a Ridemovi Vehicle is lost or stolen during the trip, the user shall with no delay report the event to the police and forward to RIDEMOVI the relevant report. RIDEMOVI shall be entitled to charge to the user, as a penalty, an amount of EUR 1,500.00 (one thousand five hundred euros), without prejudice to the user’s right to prove that the event occurred through no fault of his/her own.
9. If a Ridemovi Vehicle is damaged during the trip, the user shall report that damage to RIDEMOVI as soon as safely feasible through the Application or by writing to support.it@nullridemovi.com. Depending on the seriousness of the damage caused to the Ridemovi Vehicle, RIDEMOVI shall be entitled to recover damages up to a maximum amount of EUR 1,500.00 (one thousand five hundred euros), without prejudice to the user’s right to prove that the event occurred through no fault of his/her own.
10. If a Ridemovi Vehicle is stolen or damaged at the end of a trip, RIDEMOVI shall be entitled to charge EUR 1,500.00 (one thousand five hundred euros) as a penalty, if (i) the user left the Ridemovi Vehicle unlocked and the Ridemovi Vehicle is not recovered within 14 (fourteen) days of the day it was stolen or (ii) the Ridemovi Vehicle was parked outside the operating area and the Ridemovi Vehicle was stolen/damaged from that position. If the Ridemovi Vehicle is later recovered, RIDEMOVI shall refund all the amounts charged after deducting any repair and recovery expenses.
11. If civil penalties are inflicted on RIDEMOVI for violations of the Highway Code committed by the user, RIDEMOVI shall charge the related fine and all connected and/or incidental charges to that user (including costs for the removal and storage of the Ridemovi Vehicle), in addition to admin fees in the amount of EUR 20.00 (twenty euros). If a Ridemovi Vehicle is parked outside the operating area, RIDEMOVI may charge a fine for the relocation of the Ridemovi Vehicle, the amount of which is specified in the website.
12. Any charges or outstanding payments accruing from the registration to the Services and the use of Ridemovi Vehicles may be collected by RIDEMOVI pursuant to the law. The user may withdraw from the Agreement with RIDEMOVI at any time under the termination clauses set forth in Article XII below.
13. Upon cancellation of the Account, the user shall in any case pay all outstanding charges owed for any reason and unpaid when insufficient funds were available in his/her Account. The guarantee deposit will be refunded, but RIDEMOVI reserves the right to withhold from the guarantee deposit any amount owed by the user for any reason. The guarantee deposit or any balance thereof shall be repaid by no later than 14 (fourteen) days after cancellation of the Account.
14. Where an Account is created and registered in a Country or Territory where a currency other than that in circulation in the Country or Territory where the user intends to use the Services, then the cost of each hire shall be equal to the cost of a hire in the Country or Territory where the Services are used and rates shall be charged in the currency of the Country where the Service is used.
VI. AVAILABILITY OF RIDEMOVI VEHICLES.
1. RIDEMOVI shall perform the Services with the professional diligence required by law (Art. 1176, Para. 2, Italian Civil Code).
2. The user acknowledges that, during certain periods of the year, the heavy demand for Ridemovi Vehicles may limit the availability of vehicles within a reasonable distance from the user’s location.
VII. THE USER’S OBLIGATIONS.
1. The user is personally responsible for any Ridemovi Vehicle unlocked and used for the whole duration of each trip (from unlocking to locking of the Ridemovi Vehicle).
2. When using a Ridemovi Vehicle, the user must be able to drive and operate the vehicle on the road in a competent and diligent manner and shall take all reasonable care to protect himself/herself (for example by wearing a safety helmet). Moreover, the user shall:
a) comply with these Terms and Conditions and with all applicable laws and regulations;
b) familiarize with the operation of the Ridemovi Vehicle before commencing the trip and verify the absence of any visible damage on the Ridemovi Vehicle, and report any problems through the Application;
c) check that the Ridemovi Vehicle (including, for example, tyres, brakes, lights, frame and bell) is roadworthy and safe before commencing the trip;
d) end the trip and the use of the Ridemovi Vehicle if the latter shows any technical defects or is otherwise damaged at the beginning of or at any point during the trip. All such defects and damage shall be reported through the Application at the earliest convenience;
e) comply with all the rules of the Highway Code;
f) observe all road signs and signposts;
g) use the Ridemovi Vehicle conscientiously, attentively and responsibly;
h) take reasonable care of the Ridemovi Vehicle;
i) make sure that all transported goods and items are fastened and/or secured effectively at any time;
l) lock the Ridemovi Vehicle when not in use.
3. When using a Ridemovi Vehicle, the user shall not:
a) lock the Ridemovi Vehicle or fasten it to any object during the trip;
b) leave the Ridemovi Vehicle unattended, even if only for a short time;
c) use the Ridemovi Vehicle to perform carrier services or other commercial activities;
d) give, lend or sell the Ridemovi Vehicle to any other person or allow any other person to use the Ridemovi Vehicle;
e) damage, deface, vandalise or tamper with the Ridemovi Vehicle;
f) paint or make any type of aesthetic or technical modification to the Ridemovi Vehicle (including logos or marks);
g) use the Ridemovi Vehicle with more than one person at a time;
h) add or attach accessories or trailers to the Ridemovi Vehicle;
i) carry a load in the basket of more than 5 (five) kilograms; an object that overhangs the basket; any animals, children or persons; dangerous or flammable substances or any object that may cause injury or damage to any person or object;
l) use the Ridemovi Vehicle in a manner that may cause injury, nuisance or trouble to others;
m) use the Ridemovi Vehicle in the case of strong wind or stormy weather;
n) use the Ridemovi Vehicle under the influence of drugs or alcohol;
o) transfer or move the Ridemovi Vehicle (or any part thereof) to other places by means other than riding the Ridemovi Vehicle in compliance with applicable laws and regulations;
p) use the Ridemovi Vehicle outside the operating area;
q) leave the Ridemovi Vehicle in a private area or non-public places in a way that may block free access to RIDEMOVI or other users, including private parking areas, houses, apartments or other private areas.
4. When parking a Ridemovi Vehicle, the user shall comply with all applicable laws and regulations. The user shall leave the Ridemovi Vehicle in a conspicuous location where it can be seen by passers-by and not cause any obstruction or hazard to other road users. The user shall use vehicle standings or other public parking facilities used as stopping places wherever possible, and secure the Ridemovi Vehicle so that it cannot fall over and become a hazard or obstacle. In particular, the Ridemovi Vehicle shall not be parked:
a) in a dangerous position on or near a road;
b) against traffic lights or road signs;
c) against parking ticket machines or parking metres;
d) on walkways in a way which is likely to cause an obstacle;
e) in front of, in or near emergency exits or fire escapes;
f) in private property areas or non-public places in a way that may block free access to RIDEMOVI or other users, including private parking areas, houses, apartments and other private areas;
g) in any other places where stopping or parking are prohibited under the Highway Code;
h) in or right next to parking areas of other bike sharing companies.
5. The user may not:
a) remove logos, marks or other distinctive signs from the Ridemovi Vehicle;
b) copy, modify, make derivative works based on, distribute, authorise by licence, lease, sell, resell, transfer, publicly display or otherwise exploit the Services and/or the contents of the Application except as otherwise permitted by RIDEMOVI;
c) decompile, reverse engineer or disassemble the Services or the Application;
d) copy or mirror any portion of the Services or Application;
e) create or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise mining data from any portion of the Services or the Application or unduly burdening or hindering the operation and/or the functioning of any aspect of the Services or Application;
f) attempt to gain unauthorised access to, or impair any aspect of the Services, the Application or any systems or networks related thereto;
g) manipulate the Services or the Application for fraudulent purposes;
h) send, upload or publish any defamatory, libellous, reproachable, violent, obscene, pornographic, unlawful or otherwise offensive content on the Application;
i) publish any commercial or non-commercial advertisement on the Application and/or on Ridemovi Vehicles without the prior written consent of RIDEMOVI;
l) violate any third parties’ legitimate rights, including but not limited to intellectual property rights.
VIII. DISCLAIMER.
1. The Services may be made available or accessed by using third parties’ applications and/or in connection with third parties’ services and contents (including advertising) over which RIDEMOVI has no control. RIDEMOVI does not endorse any such third parties’ services and contents and, to the maximum extent permitted by applicable law, RIDEMOVI shall not be held responsible for any Application, product or service of such third parties. The access to the aforementioned third parties’ services and contents is subject to the terms set forth in the terms and conditions of any such third parties.
2. RIDEMOVI and any parties related thereto have taken all reasonable precautions in offering their Services but make no representations or warranties about the content of the Application and the underlying software, including by way of an example but not limited to, its accuracy, reliability, completeness or timeliness. RIDEMOVI shall not be liable for the accuracy or completeness of any content or other information notified to the user, nor for delays or interruptions of data or information stream, and does not guarantee that the Application and other Services will be available at all times. The user shall use the Application and other Services at his/her own risk.
IX. LIABILITY.
1. Fortuities or acts of third parties excepted, starting from the release of the Ridemovi Vehicle until the end of trip, the user is responsible for the use of the Ridemovi Vehicle and for any injury, damage or loss caused to third parties and/or RIDEMOVI and occurring while using the Ridemovi Vehicle (including its loss, destruction or damage).
2. RIDEMOVI is responsible for any injury to or the death of the user, caused by any action for which RIDEMOVI may be held responsible.
3. Except for contingencies caused by its fault or gross negligence, RIDEMOVI shall not be held liable for any damage, loss, loss of profit arising from the use of, or reliance on, the Services or from the impossibility to access or use the Services.
X. INDEMNIFICATION.
1. The user agrees to indemnify and hold RIDEMOVI and RIDEMOVI related parties from any and all claims, demands, losses, liabilities and expenses (including reasonable legal fees) arising from or in connection with:
a) culpable or fraudulent acts committed by the user while using the Services or Application;
b) failure to comply with or breach of these Terms and Conditions by the user;
c) violation of any third parties’ rights, including injured third parties on the occasion of accidents, by the user.
XI. CIVIL LIABILITY INSURANCE.
1. RIDEMOVI has taken out a civil liability insurance, which insures the user for any liability which the latter may incur in respect of injuries or damage caused to third parties or to third parties’ property arising from his/her use of a Ridemovi Vehicle (“Insurance”).
2. The cost of Insurance is included in the fee paid for the use of a Ridemovi Vehicle and the user is not allowed to opt out of the Insurance.
3. The Insurance does not cover the user for any injury or damage he/she may suffer in the case of an accident and it is advisable that the user takes out an insurance of his/her own before using a Ridemovi Vehicle.
4. Should the user be involved in an accident or any damage or injury be caused thereto while using a Ridemovi Vehicle, then the user shall stop as soon as safely feasible and inform the police. The user shall also inform RIDEMOVI of the incident and any injury or damage through the Application of by e-mail to be sent to support.it@nullridemovi.com. The user shall also send to RIDEMOVI the reference numbers of the police reports supplied by the latter.
5. If an insurance policy is taken out, the user shall be liable for any damage up to a franchise of no more than EUR 5,000.00 (five thousand euros).
XII. WITHDRAWAL, SUSPENSION AND TERMINATION OF THE ACCOUNT. WITHDRAWAL FROM THE PURCHASE OF PASS.
1. The user may terminate the agreement and therefore the Account at any time.
2. The user may terminate his/her Account by contacting RIDEMOVI at support.it@nullridemovi.com.
3. If at any time the user fails to comply with these Terms and Conditions and/or any applicable laws or regulations while using the Services, RIDEMOVI reserves the right to suspend the use of Services, including the hire of Ridemovi Vehicles, or terminate the agreement and therefore his/her Account. Moreover, if the user does not use the Ridemovi Vehicles for 12 (twelve) consecutive months, starting from the thirteenth month, RIDEMOVI shall be entitled to charge a Eur 0.50 commission (fifty Euro cents) as a refund of costs for the administration of the Account; the above commission shall be offset against the guarantee deposit and/or any credit balance. Once the user’s credit balance and/or guarantee deposit will be used up, RIDEMOVI shall be entitled to terminate the agreement and the user’s account, without prejudice to the right to indemnification for any costs not refunded under this paragraph.
4. The information obtained from the police on any non-compliance with these Terms and Conditions and any applicable law or regulation while the user is using a Ridemovi Vehicle may be used by RIDEMOVI to terminate the agreement and the user’s account or suspend the use of Services, including the hire of Ridemovi Vehicles.
5. Where the Account is terminated by the user, RIDEMOVI shall return the guarantee deposit and any outstanding credit on the user’s account, once all outstanding amounts owed for any reason to RIDEMOVI will be deducted; regarding the amounts spent on the purchase of Passes, the user shall be refunded only if the Account is terminated in compliance with the conditions set forth in Paragraph 6 below. If the Account is terminated on RIDEMOVI’s initiative for reasons other than the breach of these Terms and Conditions by the user, RIDEMOVI shall give back to the user also any amounts spent on the purchase of Passes, except for a deduction proportional to the number of days the Pass was used and/or any unit fractions provided. In any case, outstanding amounts shall be refunded by no later than 14 (fourteen) days.
6. Without prejudice to the provisions of Article I, Para. 5 above, if the user qualifies as a consumer, he/she may exercise the right of withdrawal (so-called “repentance” right) within 14 (fourteen) days from i) the conclusion of the Agreement under Article I, Para. 3 above; ii) where a Pass has been purchased, within 14 (fourteen) days of the purchase. The right of withdrawal may be exercised via an e-mail message to be sent to support.it@nullridemovi.com, specifying the personal data of the user, the Pass purchased (if any) from which he/she intends to withdraw and the date of his/her purchase, in the following form:
“Recipient: RIDEMOVI S.p.A., Via Carducci, 31, 20123 - Milan (Pec：ridemovi@nulllegalmail.it)
I the undersigned (*) hereby notify my withdrawal from my contract of sale of Ridemovi Services concluded on (*)
Name of the user (*)
Address of the user [state the address, telephone number, fax number and email address, if any]
Signature of the user (only if the form is sent in paper format)
Date”.
RIDEMOVI shall refund the payment received from the user within 14 (fourteen) days of the day on which the user exercised his/her withdrawal right. RIDEMOVI shall refund the payment by the same payment method used by the user for the initial transaction. In the event that the user started to use the Services before the end of the “repentance” period, the user shall pay to RIDEMOVI an amount proportional to the number of days the Services and/or the Pass were used, and/or any different unit fraction thereof provided; RIDEMOVI shall have the right to offset that amount against any amounts owed by the user as a consequence of withdrawal.
7. If the user has used or attempted to use a means of payment for fraudulent purposes, RIDEMOVI may terminate the user’s account without any refund.
8. RIDEMOVI may deny the registration of an Account if a user has previously been disqualified from using the Services, or his/her Account has been terminated for failure to comply with these Terms and Conditions or with any applicable law or regulation, or there are outstanding amounts owed for any reason by the user to RIDEMOVI, or RIDEMOVI has been informed by the police of any violation by the user of the Highway Code or of any other applicable law or regulation, or RIDEMOVI has good reasons for suspecting that the user is attempting or has attempted to use a fraudulent method of payment to cheat RIDEMOVI.
XIII. INTELLECTUAL PROPERTY.
1. The use by the user of the Services, the website or the Application shall not vest in the user any industrial and intellectual property rights, since the user is required to respect all industrial and intellectual property rights, including trademarks, logos, domain names or any other industrial or intellectual property right, owned by RIDEMOVI or third parties.
2. The user is prohibited from any act of reproduction, distribution, public communication or other form of making available, processing and, in general, any other form of exploitation, in whole or in part, of any content, information or material which the user may access through the Services or the Application, except as expressly authorised in writing by the owner of the aforementioned elements.
XIV. PROTECTION OF PERSONAL DATA AND COOKIE POLICY.
1. The personal data protection and cookie policy is constituted by the provisions set forth in the Information Notice on personal data and cookies (www.ridemovi.com/privacy).
XV. COMPLAINTS AND DISPUTES.
1. In the case of claims and complaints, or where the user is faced with a problem when using the Services, the user is invited to contact RIDEMOVI through the Application or by writing to support.it@nullridemovi.com.
2. These Terms and Conditions constitute the entire agreement and understanding between the user and RIDEMOVI in connection with its object and supersede any prior terms and conditions and covenants between the parties in respect of the use of Services and of the Application.
3. These Terms and Conditions and the use of Services by the user are governed by the Italian law.
4. In the event that the user qualifies as a consumer under Legislative Decree No. 206/2005, any disputes arising from or connected with these Terms and Conditions shall be referred to the exclusive jurisdiction of the Court of the place of residence or domicile chosen by the user in the Italian territory. In all other cases the Law Court of Milan shall have exclusive jurisdiction.
XVI. MISCELLANEOUS PROVISIONS.
1. The user may not assign or transfer any of his/her rights under these Terms and Conditions, in whole or in part, without the prior written consent of RIDEMOVI.
2. RIDEMOVI may assign or transfer these Terms and Conditions in whole or in part, or the rights and obligations arising therefrom, to:
a) A subsidiary or related company;
b) An acquirer of the share capital, the whole company or individual branches thereof or the business or assets, if any, of RIDEMOVI;
c) A successor following a merger.
3. Should a conflict arise between the Italian language version and any translation of these Terms and Conditions, the Italian version shall prevail.
4. The invalidity of any portion of these Terms and Conditions shall not affect the validity of the remaining Terms and Conditions. If a provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining Terms and Conditions shall not be affected. Where a provision of these Terms and Conditions is illegal, invalid or unenforceable for any reasons whatsoever, the parties shall replace that provision, or a portion thereof, with another that is legal, valid and enforceable and has, to any extent possible, a similar effect as that of the illegal, invalid and unenforceable provision or a portion thereof.
XVII. CONTACTS.
1. For any queries or issues arising from these Terms and Conditions, or to seek technical support, the user may contact RIDEMOVI through the Application or by writing to the address: support.it@nullridemovi.com.
2. RIDEMOVI’s contacts are as follows: RIDEMOVI S.p.A. VAT Code: 02838590343 Address: Via Carducci 31, 20123 Milan Certified email address：ridemovi@nulllegalmail.it.
The user represents that, by completing the registration on the Application, he/she expressly and specifically approves and accepts the following clauses, pursuant to Article 1341 of the Italian Civil Code: I, Paras 4 and 5 (General provisions. Terms of conclusion of the agreement. Unilateral amendments. Presumption of purchase for the exercise of professional activity); V, Paras 4 and 6 (Charges and payments. Consumption-based prices, Pass, Promotional credits and vouchers. Fines and sanctions); VIII (Disclaimer); XII, Para. 3 (Withdrawal, Suspension and Termination of the Account. Withdrawal from the purchase of Pass); XV (Complaints and disputes).