USER AGREEMENT AND TERMS AND CONDITIONS FOR USING THE VOI SERVICES
This agreement (the “Agreement”) sets forth the legally binding terms and conditions for Your use of the Services provided by Voi Technology UK Limited, a company registered in England with company number 12616585 and with its registered office at Flat Iron Building, Second floor, 44-46 Southwark Street, SE1 1UN, London, United Kingdom (“Voi or We”). The purpose of this Agreement is to regulate the Services provided by Voi, which is to offer you (“You”) the use of electrical scooters and/or e-bikes after You have registered Yourself in the Voi App.
In this Agreement, the following words, terms and phrases have the following meaning:
- “Incentivised Parking Zone” means the areas defined and designated in the Voi App in which parking is incentivised (e.g. by way of Voi 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 Voi App in which You must temporarily park and deactivate the Vehicle.
- “Non-Parking Zone” means the areas defined and designated in the Voi 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 Voi App in which the Vehicles may be activated, used, temporarily parked and deactivated.
- “Vehicles” means the Voi electrical vehicles, such as e-scooters or e-bikes.
- “Services” means the use of the Vehicles, Website, Voi App and its related services as described on the Website and in the Voi App, and made available through the Website or the Voi App, together with any other related equipment services, and information made available by Voi.
- “Voi App” means Voi proprietary software applications accessible via computer or mobile device and by which You may access the Vehicle.
- “Voi Credits” has the meaning given to it in section 2.7.
- ”Voi 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 Voi App.
- “Website” means the Voi website www.voiscooters.com
1.1 Parties to the Agreement
You and Voi 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
In order to use the Services, You must register an account in the Voi 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 You 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 Voi 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 Voi’s Services
Voi shall provide You with the opportunity to use the Voi App in order to find, activate, use and deactivate a Vehicle if there is a Vehicle available. Vehicle availability is displayed in the Voi App, save in respect of Long Term Rentals, where section 1.11 applies for Vehicle availability. Given the limited number of Vehicles operating, Voi does not promise or guarantee that You will always find a Vehicle within a distance convenient to You or that You find a Vehicle at all (see section 1.5 below).
1.4 Your responsibilities and requirements for the use of the Services
You must be at least 18 years of age to use the Services. Operation or use of any Vehicles by any minor is expressly prohibited. If You allow a minor to use a Vehicle by e.g. activating it through Your account, You shall be responsible for any and all use and/or misuse.
In the case of e-scooter Vehicles, You need to be correctly and legally licensed to use and drive e-scooters in the United Kingdom. It is Your responsibility to ensure you meet all applicable licensing requirements applicable to the Vehicles in the UK 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 Voi App, prior to commencing any use of a Vehicle.
You must be physically fit and reasonably competent to use the Vehicle, particularly with regard to taking part in street traffic and complying with traffic rules and regulations.
You are responsible for adapting Your driving to external circumstances and for determining Your general ability, medical condition, weather conditions (including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms) and/or other factors that can generate any risk to You, Your use a Vehicle or others. You have to make Your decision whether and how to use a Vehicle depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate Your speed, riding behaviour and braking distance. Due to the circumstances it might even be advisable to abstain from any use of a Vehicle at all.
You shall conduct a basic safety check of the Vehicle prior to using the Vehicle with a visual check, a check of the battery capacity (see Section 1.5 below) and a check of the functionality of the brakes. You must not use the Vehicle if there are any noticeable issues (such as, amongst other things, visible damage to the Vehicle’s wheels, brakes, lights or frame, issues in relation to the battery level, signs of unusual or excessive wear of any kind or any other visual damage to the Vehicle or any malfunction of the brakes). If You notice any such issues with the Vehicle, You must not use the Vehicle. We would appreciate if You let us know about such issue in accordance with the information in Section 8 below.
A Vehicle is an electric vehicle that requires being handled safely and prudently and in accordance with government regulations and guidelines.
Regarding a Voi Pass You shall not have the right to: (i) use the Services in any other Operational Zone other than in which you have purchased the Voi Pass; (ii) use a Vehicle incessantly for 45 minutes or more, and (iii) apply 2.2 and 2.7 below (Discounts and promotion codes) on Services used by way of a Voi Pass. If the use of a Vehicle is not ended within 45 minutes, You will be charged for the exceeding time in accordance with the pricing on a pay per ride basis in accordance with section 2.1, paragraph 1 below.
1.5 Availability of the Services.
Vehicles are not available at all times, even within the Operational Zones and, in accordance with section 3.1.2 below, we are not responsible if You are unable to locate an available Vehicle.
Availability of Vehicles may differ within and between different Operational Zones due to high demand.
Access to the Services may be limited or restricted in some Operational Zones if this is necessary for ensuring Your safety or the safety of the Vehicles, for example if there is a demonstration causing traffic problems or if the weather conditions are bad or similar. Please note that Voi is entitled to limit or restrict access to Vehicles in its discretion, but is under no obligation to do so, unless such obligations are imposed on Voi by police authorities or similar government or regulatory bodies. Section 1.4 remains unaffected. Full access to using a Vehicle may also be limited due to other reasons such as e.g. slow zones (i.e. when the speed is automatically lowered by Us due to speed limits in e.g. pedestrian areas).
The battery level of the Vehicle may affect the availability in accordance with the following:
- The battery level of the relevant Vehicle is set forth in the Voi App. It is Your responsibility to check the battery level in the Vehicle to ensure that it is adequate before using the Vehicle.
- The battery level remaining in the Vehicle will decrease with usage of the Vehicle, and operational capabilities and speed may decrease or cease in their entirety as the battery level decreases.
- The decrease rate of the battery level may vary and differ from time to time due to different factors such as the condition of the Vehicle and the battery, weather conditions, road conditions, Your use of the Vehicle and/or factors is beyond Our control. It is therefore not possible to relate a certain battery level to a certain distance the Vehicle may be able to cover. If You are not sure whether the battery level is sufficient for You to reach Your destination You are advised to re-assess the contemplated use of the Vehicle.
1.6 Your Use of the Services
Different Operational Zones. You shall only activate, use, temporarily park and deactivate a Vehicle within an Operational Zone in which the Vehicle has been activated. The correct Operational Zone is displayed in the Voi App and must be checked before activating a Vehicle.
Activation, use and temporary parking of Vehicles. Save in respect of Long Term Rentals (which may be activated in accordance with section 1.11), in order to use a Vehicle, You must activate a Vehicle through the Voi App. You will need internet connectivity to do so, and it is Your responsibility to ensure that Your mobile device by which You may access the Vehicle is working properly and that You have sufficient internet access for use.
After activating the Vehicle, the rental period commences and continues until the Vehicle is deactivated. You may temporarily park the Vehicle at any time through the Voi App and are in such cases responsible for reactivating the Vehicle again. The rental period will continue while the Vehicle is temporarily parked.
Save in respect of Long Term Rentals, the maximum usage period is 3 hours, after which the ride will be ended by Voi and, at this point, You must ensure that the Vehicle is parked in accordance with this Agreement.
You agree to use and temporarily park the Vehicle in compliance with all local applicable laws including local traffic regulations and/or other local regulations. and You will additionally at all times use the Vehicle with respect towards pedestrians, property and traffic, for example by way of (where allowed by local legislation) riding in bicycle lanes and not on sidewalks, keeping walking speed while riding in pedestrian areas etc. In respect of e-bikes, electrical assistance will cut-off when the vehicle reaches 15.5 mph.
Safety measures when using a Vehicle You have to use the Vehicle in a safe manner and take necessary measures to avoid, amongst other things, accidents and damage to persons and property. Such safety measures include, but are not limited to, the following:
- To not use the Vehicle while carrying any itemsthat might impede Your ability to safely use the Vehicle, including but not limited to, backpacks, bags, briefcases or packages not appropriate in size or weight.
- To only use the Vehicle Yourself. For the avoidance of doubt, You are not permitted to carry a second person, child or animal on the Vehicle.
- To never exceed the maximum weight of 100 kg(kilograms) when using the Vehicle. The maximum weight includes all items carried by You in compliance with this Agreement.
- To not use any mobile device, including but not limited to, telephones, text messaging devices, media players or other device(s) while riding a Vehicle that may distract You or impede You from safely using the Vehicle. If you have to consult the Voi App while using the Vehicle, you must pull over first.
- To not use a Vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely use a Vehicle.
- To wear a helmet of CE-standard, equivalent or a higher standard that has been properly sized, fitted and fastened according to the manufacturer’s instructions and any and all other suitable protective equipment when using the Vehicle.
- To never use the Vehicle for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding.
Parking and deactivation of Vehicles. You are responsible for parking and deactivating the Vehicle when You have completed Your use. Please note that section 1.11 contains additional provisions in respect of parking and storage of Long Term Rental Vehicles.
The Vehicle must be parked and deactivated in lawful areas, i.e. the Vehicle cannot be parked or deactivated in any Non-Parking Zone, on private property, in a locked area/non-public space or in conflict with local traffic regulations and/or other legal regulations. Where We consider a Vehicle lost or stolen, the terms of section 1.7 will apply.
You shall neither park, temporarily park nor deactivate a Vehicle where there is an increased risk that the Vehicle may suffer damage. When deactivated and parked, the Vehicle must be in a visible space.
You agree to park the Vehicle in compliance with local applicable laws and regulations and You will additionally at all times park the Vehicle with respect towards pedestrians, property and traffic, by at least ensuring the following (where allowed by the local legislation): (i) the Vehicle is parked on a sidewalk closely alongside a wall or in connection to a bike stand/parking rack, (ii) the Vehicle is standing up in a steady manner on its kickstand, and; (iii) the Vehicle is not blocking entrances, access ramps, bus stops, crosswalks or in any other way blocking or obstructing similar facilities.
Voi may from time to time offer incentives if You temporarily park or deactivate a Vehicle in Incentivised Parking Zones and/or require that You temporarily park or deactivate in a Mandatory Parking Zone.
If You have parked or deactivated the Vehicle in a Non-Parking Zone or otherwise outside of an Operational Zone, You may not be able to reactivate it again.
Proper use of Services You shall return the Vehicle to Voi in the same condition in which it was rented and the Vehicle must be fit for immediate usage by other users, given normal wear and tear and with the exclusion of low battery level.
You may never tamper with the Voi App or Vehicles in any way and for any reason.
You are responsible and liable for any damages suffered by Voi relating to Your use of the Services, where you have not complied with the terms of this Agreement. This includes any indirect losses such as Voi’s loss of income due to riding without payment, due to tampering of the Vehicle as well as a Vehicle being unfit for Use by other users.
Fair usage of the Services. You shall only use the Services in accordance with, and for the purposes outlined in, this Agreement. You shall only use the Services for Your own consumer purposes, e.g. you may not share your Voi-pass with others. It is not permitted to re-sell or otherwise use the Services for commercial purposes. You shall not use the Services, or let someone else use the Services, for illegal or unethical purposes or in a way that significantly differs from a normal pattern of use, e.g. unnaturally many and/or long trips with a Voi-pass compared to the average use of the Services.
If You use of the Services in breach of the provisions of the Agreement and/or if Your use of the Service significantly differs from a normal pattern of use Voi will notify You. After such notification, You will have 72 hours to remedy your breach. If You have not remedied your breach after 72 hours, Voi reserves the right to deactivate or suspend Your account and Voi Pass in accordance with Section 1.10.
1.7 Lost or stolen Vehicle
You are responsible for deactivating and parking a Vehicle within an Operational Zone. You may not in any way lock or hide the Vehicle unless the Vehicle is activated. If You do not deactivate or park a Vehicle within an Operational Zone and within the maximum rental period set forth in Section 1.6 above, You may be responsible for a lost or stolen Vehicle in accordance with the following.
Voi is entitled to charge You 25 GBP in the event the Vehicle is considered abandoned, i.e. the maximum rental period set forth in Section 1.6 above (3 hours) has been exceeded and We cannot detect any attempts to lock the Vehicle or requests to end the ride by You. This amount represents our estimated costs, losses and expenses in retrieving the Vehicle and returning it to an Operational Zone, but Voi reserves the right to prove that the damages were actually higher.
A Vehicle activated by You may be considered lost or stolen if (i) the Vehicle’s GPS unit is disabled on purpose, (ii) the Vehicle moves after deactivation and Voi has reason to believe such movement was not caused by another user or any authorized third party, or (iii) other facts and circumstances implying, in the reasonable opinion of Voi, that a Vehicle has been lost or stolen.
If Voi reasonably deems a Vehicle lost or stolen, Voi shall have the authority to take any and all actions appropriate in order to recover the Vehicle or, if that proves to be impossible, to receive compensation for the loss of the Vehicle. This includes, without limitation, involving the local police and/or Voi’s insurer, a request for information to You or, if You are culpably responsible for the loss, holding You liable for the damage incurred on account of the loss.
1.8 Accidents and other incidents
You must report any accident, crash, damage, personal injury, stolen or lost Vehicle or other similar incidents to Voi as soon as possible in accordance with Section 8 below. In cases of accidents, Voi would appreciate if You could try to gather evidence, if possible, for example by taking pictures or by identifying possible witnesses, subject to applicable local legislation (including but not limited to data protection legislation).
If an incident involves third party personal injury, property damage, or any other third party damage, You shall report the incident to the local police department as soon as possible. This also applies if the Vehicle is stolen while activated by You. On request by Voi, and subject to applicable local legislation, You will provide Voi with any documents produced by the local police and cooperate with Voi and/ or Voi’s insurer.
1.9 Compliance with local laws and regulations
In addition to what has been stated above, You agree to at all times use the Services in compliance with any locally applicable laws, regulations and rules. You understand that You are solely responsible and liable for any violation of any laws, regulations and rules in relation to Your use of the Services.
1.10 Indemnification, damages, deactivation/suspension of Your account and fees
We at all times reserve the right to charge You 25 GBP when You have breached this section 1. If the damage suffered by Voi exceeds 25 GBP, Voi reserves the right to claim damages for the losses it incurs. We will use our reasonable efforts to remind You of any incorrect parking (in breach of this section 1) before charging this amount. In addition to what has been stated above, You understand that any fees, fines or other payment imposed on Voi or any damages suffered by Voi on account of a failure by You to comply with this section 1 shall be compensated by You to Voi.
We at all times reserve the right to deactivate or suspend Your account and Voi Pass, if any, or limit Your usage of the Services where We have reason to believe that You have breached the terms of this section 1, or if Your use of the Service significantly differs from a normal pattern of use. In case of repeated breaches of fair usage of the Services, under Section 1.6, Voi reserves the right to notify you and block Your account or to limit Your usage of the Services with immediate effect.
You acknowledge that You are responsible for Your driving and that You may not claim compensation from Us for damages caused as a result of breach of your obligations under this Agreement.
1.11 Long Term Rentals
Application: In certain Operational Zones, Voi may elect to offer a small number of Vehicles for long term rental on a month by month basis (each a “Long Term Rental”). All other Vehicles are not available for Long Term Rental. In respect of any Long Term Rental, unless indicated specifically, all other terms set out in this Agreement apply, but this section 1.11 only applies to Long Term Rentals.
Signing Up: Where Long Term Rentals are available within an Operational Zone, this will be identified by Voi on the Website, where You can sign-up for a Long Term Rental. You must have an account in the Voi App to be able to use a Long Term Rental. Long Term Rentals are limited in number and subject to availability. Voi shall have no responsibility to You, if a Long Term Rental is not available at the point at which You require it. By signing up for a Long Term Rental, You are accepting the terms of this Agreement, including this section 1.11. When You sign up for a Long Term Rental, Voi will, subject to availability, allocate a Vehicle to You, for the duration of Your Long Term Rental and will notify You of where and how to collect the allocated Vehicle.
Duration: Long Term Rentals operate on a calendar month by calendar month basis. By signing up for a Long Term Rental, You are agreeing to hire a Vehicle for the remainder of the then current calendar month (for which You will be charged a proportion of the Long Term Rental fee calculated by reference to the number of days remaining in that month from the start of the Long Term Rental e.g. if the Long Term Rental starts on 16 April, 50% of the monthly Long Term Rental Fee would be payable for April) and any subsequent calendar months during which Your Long Term Rental period continues (for which the full monthly Long Term Rental fee would apply). Your Long Term Rental will renew automatically at the first date of each calendar month, unless You terminate or cancel it in accordance with the terms of this Agreement. Towards the end of the month, we will endeavor to send You a reminder that Your Long Term Rental will automatically renew if you do not cancel it and You may choose to cancel it in accordance with the terms of this Agreement. We will charge You the Long Term Rental fee, using the payment details You register with Voi, at the start of each month during Your Long Term Rental period, in accordance with section 2 below. If Your payment cannot be processed or is declined, then section 2.3 and 2.4 below will apply. If payment is not received promptly, Voi reserves the right to terminate Your Long Term Rental and recover the Vehicle in accordance with this section 1.11.
Chargers: For any Long Term Rental, You will need to access one of Voi’s individual chargers to charge Your Vehicle from time to time. You acknowledge that You will not use any charger other than one of Voi’s individual chargers to charge Your Vehicle. Voi will notify You how and where to access chargers when You sign up for a Long Term Rental. You are responsible for ensuring the Vehicle You rent has sufficient battery power for any journey and that any and all use of our charger is in accordance with the instructions which we provide to You. There will be an administrative or call out charge of £25 if you allow the Vehicle’s battery to fall below ten per cent charge and You require support from Voi in relation to that Vehicle. You will be responsible for any and all damage to the chargers or the Vehicle when you are using them and You must notify us in accordance with section 8 below, if either the Vehicle or the charger are damaged, whether by You or otherwise. If the Vehicle or charger is damaged during the Long Term Rental period, Voi reserves the right to charge you in respect of the cost of making good any damage to the Vehicle beyond fair wear and tear.
Use and Storage: You agree to use the Vehicle in compliance with all local applicable laws and You will additionally at all times use the Vehicle with respect towards pedestrians, property and traffic, for example by way of (where allowed by local legislation) ride in bicycle lanes and not on sidewalks, keeping walking speed while riding in pedestrian areas etc. In respect of e-bikes, electrical assistance will cut-off when the vehicle reaches 15.5 mph. During any Long Term Rental, You are responsible for ensuring that the Vehicle is stored safely and securely. You may do so by storing it in Your premises, as notified to Voi when You sign-up for the Long Term Rental. It should not be stored overnight at any other location without notifying Voi in writing in accordance with section 8. You acknowledge that upon Voi’s request the Vehicle and/or charger should be made available by You to Voi for inspection and maintenance, as well as where You fail to make payment in respect of the Long Term Rental or You do not return the Vehicle to Voi at the end of the Long Term Rental period.
End of Long Term Rental: Both Voi and You have the right to cancel a Long Term Rental at any time without having to disclose any specific reason in accordance with section 8 below, Save as provided in section 11, any termination or cancellation will take effect at the end of the month in which we receive your notice of termination / cancellation, provided that: (i) Your notice of termination / cancellation has been received by Voi no later than 10 calendar days before the end of the month, and (ii) You return the Vehicle and charger to us in accordance with our instructions, in accordance with this section 1.11. If the above (i) and (ii) are not performed by You, the Long Term Rental will automatically renew for a further month in accordance with this Section 1.11, subject to section 11 below, and the Long Term Rental will take effect at the end of the next month, provided (ii) is performed by you. Before the end of Your Long Term Rental period, You must return the Vehicle and charger to the collection location as notified by Voi to You, in accordance with any arrangements for its return which Voi may specify. If Voi collects the Vehicle from you, there will be an associated administrative or call out charge of £25. If you do not do so by the end of the relevant month, Voi reserves the right to charge You for all other months where the Vehicle has not been returned to Voi and all costs Voi incurs in recovering the Vehicle from You, or, if Voi is unable to recover the Vehicle and charger from you, the cost of replacement of the Vehicle, charger and any other equipment retained by you at the end of the Long Term Rental.
2. PAYMENT AND CREDITS
2.1 Prices and Fees
Your rent of the Vehicle is on a pay per ride basis, after having purchased a Voi Pass or as otherwise in accordance with the current applicable pricing set forth in the Voi App, save in respect of Long Term Rentals. In respect of Long Term Rentals, Your rent will be charged on a monthly basis in advance, using your provided payment method, in accordance with the current applicable pricing set forth on the Website and where Your Long Term Rental commences part way through a month, the relevant monthly charge will be pro-rated to reflect the number of days in that month that remain unexpired at the point at which You sign up for Your Long Term Rental.
In each case, the prices, fees and other possible charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Voi. You should at any rate check prices, fees and other possible charges in the Voi App every time before You activate a Vehicle.
Voi reserves the right to reserve 5 GBP directly from Your credit card in connection to Your use of the Vehicles, when You create Your account and when You add a new payment method. This reserved amount will be used to pay for Your ride in connection to which you were charged for or for the next ride after creating Your account or adding a new payment method. If the entire amount is not used for Your next ride, the reserved amount will be released immediately after the ride. You understand that the release of such reserved amount may take certain business days due to banks’ and/or other third parties’ processing.
All Prices and all monetary values set forth in this Agreement are in GBP.
2.2 Discounts and promotion codes
Promotion codes (discounts) are one-time offers and can only be redeemed via the Voi 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 a Voi Pass.
2.3 Payment methods and disputes
You must provide Voi 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 Voi App. You confirm that You are authorized to use any credit card or debit card or payment information You provide. You authorize Voi to charge the provided credit card, debit card or other agreed payment method the fees described in this Agreement or in the Voi App that You have incurred in relation to Your use of the Services.
You agree to inform Voi without any undue delay of all changes related to the credit card or debit card which You have provided to Voi.
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.
In order to dispute any fees or charges charged by Voi, You must contact Voi within reasonable time from the date of the disputed charge and provide Voi any information Voi finds necessary, such as the date of the trip/date of the purchase or renewal of a Voi Pass and the approximate starting and ending times. Voi ask that You contact Voi in accordance with Section 8 below.
2.4 Outstanding Payments
Any outstanding payment of prices for the use of Vehicles by You or any fee charged on the grounds of this Agreement will be made by Us by using the payment method described in Section 2.3. If, however, for 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), Voi will inform You and set a period in order to rectify the situation. Until then Voi is entitled to suspend any rental of Vehicles. If Voi has not received information about a reliable payment method within two weeks, Voi 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 Voi 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 Voi App before activating a Vehicle.
2.6 Term and termination of a Voi Pass
Your Voi Pass will start from the point of time of Voi’s receiving of payment for the Voi 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 Voi has/have cancelled 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, Voi ask that You contact Voi in accordance with Section 8 below.
Both Voi and You have the right to cancel a Voi Pass for 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 Voi App.
2.7 Discounts and promotion codes
We offer special promotion codes to riders to provide discounts on rides (“Voi Credits”). To apply Voi 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.
Promotion codes are entered into the Voi App by way of selecting “Free Rides” from the menu and then “Redeem Code”. To check Your Voi Credit balance, select “Profile” and then “Voi Credits”.
Voi 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 Voi 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.
Voi Credits are one-time offers and can only be redeemed via Voi App. Voi reserves the right to modify or cancel discounts not yet redeemed via the relevant promotion code at any time without notice. Voi 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 Voi 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 Voi App, where You will find Your personal invite code. You share Your personal invite code by tapping “Send Code” and selecting one of the options available. These options can e.g. be text, email, sharing on social media or copying Your personal invite code.
When a friend completes its first trip with Voi after using Your personal invite code, Your account will automatically receive Voi 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
Voi 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 the Your failure to comply with this Agreement or any event outside Voi’s control (including any distress, inconvenience, anxiety or loss of enjoyment arising from non-availability of the Vehicles or use of the Vehicles in contravention of these terms).
3.1.3 Where Voi 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
Voi 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 Voi
All text, images, pictures, sound recordings, videos, copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held or used by Voi as well as those present in the Voi App or on the Website (including titles, graphics, icons, scripts, source codes etc.) are Voi’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 Voi’s property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any Voi material or hardware, source-codes, information, including the Voi App, Website and Vehicle, for any purposes. The Voi App, Website and Vehicles may only be used for the purposes pursuant to this Agreement.
4.3 Respect for Voi’s intellectual property
You agree that the Services and other information, including all associated intellectual property rights, provided and made available by Voi, at all times, remain the exclusive property of Voi and You may not in any way use Voi’s exclusive property for commercial or any other purposes without Voi’s prior written consent.
6. TERM AND TERMINATION
This Agreement enters into force between You and Voi: (i) the first time You use the Services provided by Voi, (ii) in case of a Voi Pass, the first time you purchase a Voi 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 Voi terminates the Agreement.
Both You and Voi 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.
All disputes relating to this Agreement shall be made in text form to the contact information given in Section 8 below.
Voi can be contacted by email at firstname.lastname@example.org, by telephone at +46 21 665 59 22, or by regular mail to Voi Technology UK Limited, Flat Iron Building, Second floor, 44-46 Southwark Street, SE1 1UN, London, United Kingdom.
In the event of termination Long Term Rentals, notifications of termination can be sent to email@example.com.
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales.
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 England and Wales.
Please also note that disputes – besides the submission before the competent ordinary courts – may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr.
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 Voi 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 Voi App. If: (i) You do not object to such amendments within one month of notification the changes; or (ii) you subsequently use the Services following such notification, the proposed amendments shall be deemed to have been accepted by You. Voi shall expressly set this out at the time of such notification. The new versions of the Agreement will also be available in the Voi App and on the Website.
Earlier versions of this Agreement will not be archived by Voi. You are therefore recommended to print and save outdated versions of these term.
Although this Agreement qualifies as a distance contract (concluded electronically without You and Voi 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 Voi Pass or any Long Term Rental however, You have the right of withdrawal within 14 days of the purchase of the Voi 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. You may also use a withdrawal form, available here https://www.voiscooters.com/wp-content/uploads/2020/11/Cancellation-Form-UK.pdf. In case of such withdrawal, Voi will reimburse You the amount You have paid for the Voi Pass or Long Term Rental (as applicable) without undo delay and no later than within 14 days from when Voi was notified. Voi will use the same method of payment which You used when purchasing the Voi Pass or Long Term Rental (as applicable). Voi is entitled to deduct an amount equivalent to the use You have made of the Voi Pass or Long Term Rental Vehicle (as applicable) before your withdrawal.