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 AB (“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 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).
- “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.
- “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.
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. That availability is displayed in the Voi App. Given the limited number of Vehicles operating, Voi cannot promise 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 have to be at least 18 years of age to use the services provided. 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 misuse.
You have to 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 to adapt 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 use a Vehicle. 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, inter alia, visible damages 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.
1.5 Availability of the Services.
Vehicles are not available at all times, even within the Operational Zones on account of the following.
Availability 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 only entitled to limit or restrict access to Vehicles but under no such obligation, unless such obligations are imposed by police authorities or the like. 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 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. 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 assure that Your mobile device by which You may access the Vehicle is working properly and that You have internet access.
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.
The maximum usage period is 3 hours, after which the ride will be ended by Voi.
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.
Safety measures when using a Vehicle You have to use the Vehicle in a safe manner and taken necessary measures to avoid, inter alia, accidents and damage to persons and property. Such safety measures include, but are not limited to, the following:
- To not use the Vehicle while carrying any items that might impede Your ability to safely use the Vehicle, including but not limited to, backpacks, bags, briefcases or packages not appropriate in size or weight.
- To only use the Vehicle Yourself. For the avoidance of doubt, You are not permitted to carry a second person, child or animal on the Vehicle.
- To never exceed the maximum weight of 100 kg (kilograms) when using the Vehicle. The maximum weight includes all items carried by You in compliance with this Agreement.
- To not use any mobile device, including but not limited to, telephones, text messaging devices, media players or other device(s) while riding a Vehicle that may distract You or impede You from safely using the Vehicle.
- 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.
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. Voi is entitled to charge You 25 EUR when You have parked and/or deactivated the Vehicle outside of such lawful areas. You may prove that damages incurred by Voi are actually lower whereas Voi reserves the right to prove that the damages were actually higher. We will strive to remind You of the incorrect parking before charging said amount. Where We consider a Vehicle lost or stolen, the terms of section 1.7 will apply.
Neither shall You park or deactivate a Vehicle where there is an increased risk that the Vehicle may suffer damages. 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, for example by way of (where allowed by the local legislation) parking alongside a wall, in connection to a bike stand and to make sure that the Vehicle is standing up in a steady manner.
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, unless You are not culpably responsible. This includes any indirect damage such as 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.
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 EUR 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. You may prove that damages incurred by Voi are actually lower whereas 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 and deactivation of Your account
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 culpable 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 Your account where We have reason to believe that You have breached the terms of this section 1.
You acknowledge that You are responsible for Your driving and that You may only claim compensation from Us for damages caused by the Vehicle, not through Your driving.
2. PAYMENT AND CREDITS
2.1 Prices and Fees
Your rent of the Vehicle is on a pay per ride basis or as otherwise in accordance with the current applicable pricing set forth in the Voi App. 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 charge 5 EUR directly from Your credit card when You create Your account or add a new payment method in order to guarantee the registered payment method is valid. This amount will be used to pay Your next ride or will be refunded after 10 days if the money is not used on a ride.
All Prices and all monetary values set forth in this Agreement are in EUR.
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.
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 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.
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 activation to deactivation if You ride during such moments when a different price start (such as before and after midnight). You have to check the fees applicable in the Voi App before activating a Vehicle.
2.6 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.
2.7 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.
2.8 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
Voi shall be liable for its intentional and grossly negligent behaviour as well as – irrespective of the level and degree of such fault – for damages resulting from fatal injuries, bodily harm, injuries to health, or liability for claims based on statutory product liability legislation, including the German Product Liability Act (Produkthaftungsgesetz, “ProdHG”). In addition, Voi shall be liable for negligence in case of impossibility, delay in performance, non-compliance with a guarantee, or the infringement of another essential contractual obligation. Essential contractual obligations are such obligations, whose compliance enables the proper implementation of the contract at all and whose observance can be regularly relied on by You. In these cases, Voi’s liability shall be limited to such typical contractual damages, which Voi had to expect, on a reasonable basis, when the Agreement was made. Any liability by Voi (on any legal ground whatsoever), which exceeds the liability mentioned above shall be excluded, to the extent permitted by applicable law. All these limitations of liability shall also apply in favour of Voi’s directors, employees, and vicarious agents.
3.2 Force Majeure
Any operating troubles caused by force majeure, strikes, lockouts or lack of operating resources or raw materials, which are beyond Voi’s control and could not be foreseen when that Agreement was concluded shall not bring about a liability for Voi on account of failure to deliver the Services.
4. PROPERTY AND INTELLECTUAL PROPERTY RIGHTS.
4.1 Rights of Voi
All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and 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 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 written consent.
6. TERM AND TERMINATION
This Agreement enters into force between You and Voi the first time You use the Services provided by Voi 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 AB, Warfvinges väg 34, 112 51 Stockholm, Sweden.
9. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the Federal Republic of Germany with the exception of the United Nations Convention on the International Sale of Goods dated 11 April 1980.
Any disputes arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof shall be brought before the competent ordinary courts, respectively.
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.
Voi may change this Agreement at any time. In this case You shall be notified via email or via the Voi App. The changes are deemed to have been accepted by You in case You did not enter an objection with one month after the changes were communicated. Voi shall expressly inform You about the significance of not entering an objection. The changes shall be accepted in any case if You conclude an agreement for the Services via the Voi App after the new conditions have been submitted. 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.
11. NO RIGHT OF WITHDRAWAL
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.