TERMS AND CONDITIONS
The terms and conditions of this Agreement shall apply to all rentals of vehicles owned and operated by Scooter Mart Ltd. (trading under the name “Pink”) whose registered office is at 31 Victoria Street Hamilton HM10 Bermuda.
Definitions
“Account” means the personal user account created on the Mobile Application upon subscription to the Mobile Application, containing Personal Data;
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“Mobile Application” means the free to download mobile application “PINK” that enables users to rent Vehicles from Scooter Mart Ltd. subject to the terms and conditions of this Agreement. PINK is owned and operated by Scooter Mart Ltd.
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“Renter” means a person who has agreed to rent a Vehicle subject to the terms and conditions of this Agreement;
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“Calendar Day” every day (24 hours) of the week from Monday to Sunday;
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“Business Day” means every day from Monday to Friday with exclusion of Saturday, Sunday or any public holiday in Bermuda;
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“PINK Zone” is a designated area from which Vehicles can be rented and to which Vehicles must be returned by the Renter;
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“Rental Fees” encompasses the fees a Renter is liable to pay to Scooter Mart Ltd. for the rental of Vehicles in accordance with and subject to the terms and conditions of this Agreement;
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“Personal Data” means all information provided by a Renter to or collected by Scooter Mart Ltd. during the Renter’s use of the Mobile Application as set out in Scooter Mart Ltd.’s Privacy & Cookie Policy;
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“Scooter Mart Ltd.” means Scooter Mart Ltd. having its registered office at 31 Victoria Street Hamilton HM10 Bermuda
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“Rental Period” is the period commencing the moment the Vehicle is unlocked by the Renter using the Mobile Application and continuing until the Vehicle is returned to a PINK Zone and the rental is ended by the Renter using the Mobile Application.
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“Vehicle” means the pink Electric Sharing Bicycle available to rent on the Mobile Application;
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“Property” means any hotel, guest house or other owner or leaseholder of a property or premises which the Vehicle is situated on or from which the rental is initiated.
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“Website” means www.pink.bm
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1. The Rental Period shall commence from the moment the Vehicle is unlocked by the Renter using the Mobile Application, and shall continue until the Vehicle is returned to a PINK Zone and the rental is ended by the Renter using the Mobile Application.
2. The Rental Fee shall not under any circumstances be refundable except at the discretion of Scooter Mart Ltd. The Renter shall pay Scooter Mart Ltd. for every minute of the Rental Period.
3. The Renter shall also pay an unlock fee charged to the Renter to unlock the Vehicle for each individual Rental Period as well as:
i. The first portion of any damage or loss to the Vehicle for which the Renter undertakes to be responsible regardless of negligence under the terms herein.
ii. Any additional charges payable under clause 2 hereof.
iii. The cost to collect the Vehicle in the event of abandonment, breakdown, puncture or empty battery regardless of the cause.
4. The Renter warrants that he/she is over the age of eighteen years.
5. The Renter hereby undertakes and warrants that he/she has read the Bermuda Highway Code, traffic legislation and watched all instructional videos as may be required from time to time.
6. The Renter undertakes and warrants that he/she shall ride the Vehicle in a careful and skillful manner and in accordance with all legal requirements.
7. The Renter hereby warrants that he/she will stop using the Vehicle immediately upon any indication that the Vehicle is not in good working order and the Renter will as soon as possible notify Scooter Mart Ltd. in accordance with the undertaking set out in clause 11 (iv).
8. The Renter hereby undertakes and warrants that he/she will not loan or otherwise permit the use of the Vehicle to any other person.
9. The Renter warrants that they understand and agree that Scooter Mart Ltd. has not taken out any policy of insurance which gives any coverage to the Renter in respect of any loss or damage that the Renter may suffer either as a consequence of any action by any third party, or by himself/herself, or by any act or omission of Scooter Mart Ltd., including any default or any negligence by Scooter Mart Ltd. in regard to the condition or repair of the Vehicle and whether occasioned by the negligence of Scooter Mart Ltd. or its employees, servants, agents or otherwise.
10. The Renter hereby undertakes to:
i. report any accident involving the Vehicle to Scooter Mart Ltd. immediately following an accident and also to the police or other proper authorities, if required, within the time prescribed by law;
ii. supply such information drawing or assistance as may be required arising from or in connection with any accident as Scooter Mart Ltd. may require;
iii. not give any instruction, without the proper consent of Scooter Mart Ltd., or conduct, or permit anyone else to conduct, any repairs to the Vehicle or for the replacement of any parts; and,
iv. report immediately to Scooter Mart Ltd. any loss or damage or fault or deterioration in the condition of the Vehicle, that could potentially endanger the Renter or their passenger or other road users or pedestrians, and cease to operate the Vehicle thereafter.
11. Scooter Mart Ltd. and any Property makes no warranty either express or implied as to the condition, road worthiness or working order of the Vehicle and the Renter shall be deemed to have satisfied himself/herself that the Vehicle is in all respects roadworthy and in proper and safe condition and the Renter shall accept the full risk of any defects in the Vehicle or the manner of its operation whether or not said defects be latent or patent.
12. The Renter shall fully indemnify Scooter Mart Ltd. and any Property against any claim arising from any cause whatsoever which may be brought by any person, other than the Renter, as a result of that person's use of the Vehicle.
13. The Renter shall fully indemnify Scooter Mart Ltd. and any Property, unless otherwise waived by Scooter Mart Ltd., for any loss or damage caused during a Rental Period.
14. THE RENTER HEREBY AGREES THAT HE/SHE SHALL HAVE NO CLAIM WHATSOEVER AGAINST SCOOTER MART LTD. OR ANY PROPERTY FOR ANY INJURY, LOSS OR DAMAGE OCCASIONED BY REASON OF DEATH OR INJURY SUFFERED BY THEM AS A RESULT OF HIS/HER USE OF THE VEHICLE INCLUDING FOR THE PURPOSE OF INSTRUCTION AND TEST RIDE OR BY REASON OF ANY ACT OR OMISSION BY SCOOTER MART LTD. OR ANY PROPERTY INCLUDING ANY DEFAULT OR NEGLIGENCE ON THE PART OF SCOOTER MART LTD. OR ANY PROPERTY IN REGARD TO THE CONDITION OR REPAIR OF THE VEHICLE AND WHETHER OCCASIONED BY THE NEGLIGENCE OF SCOOTER MART LTD. OR ITS EMPLOYEES, SERVANTS, AGENTS OR OTHERWISE.
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15. The legal relationship between Scooter Mart Ltd. and the Renter shall exclusively be governed by these terms and conditions and any representations or warranties by Scooter Mart Ltd., or its employees, servants, agents or otherwise shall be of no effect whatsoever unless confirmed by Scooter Mart Ltd. in writing. The Renter agrees that this document contains all the terms and conditions and represents the entire understanding between the parties with respect to its subject matter and supersedes any previous communication or agreements that may exist.
16. This Agreement is governed by and construed in accordance with the laws of Bermuda. The Renter agrees to submit to the exclusive jurisdiction of the courts of Bermuda.
17. It is understood that the Renter is solely responsible for terminating the Rental Period using the Mobile Application. Scooter Mart Ltd. will not be liable for any additional cost or expense incurred by the Renter for failing to do so. The Renter also acknowledges that the Vehicle must be in a PINK Zone to terminate a Rental Period.
18. The Renter acknowledges that Scooter Mart Ltd. may terminate a Rental Period at any time and for any reason.
19. The Mobile Application (in object code and source code form), underlying models and algorithms of the Application, the Scooter Mart Ltd. brand and logo, including any rights, title and interest (including intellectual property rights) therein, shall at all times remain the sole and exclusive property of Scooter Mart Ltd. and if applicable, its licensors, and the Renter shall obtain no rights, title or interest (including without limitation intellectual property rights) therein pursuant to this Agreement, except for the limited user rights expressly granted hereunder. In the event, notwithstanding any prohibition thereto, the Renter modifies or creates derivative works of the Mobile Application, Scooter Mart Ltd. shall own all rights, title and interest, including any intellectual property rights, in and to such modifications and derivatives and the Renter hereby assigns any such rights, title and interest in such modifications and derivatives to Scooter Mart Ltd. at no cost to the latter.
20. If any of the of the terms and conditions contained in this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any agreement, warranty or undertaking contained herein.
21. The Renter agrees:
i. not to remove any intellectual property notices in the Mobile Application;
ii. not to sell, transfer, rent, lease, grant access or sub-license the Mobile Application to any third party;
iii. not to alter or modify the Mobile Application;
iv. not to reverse engineer, disassemble, decompile or attempt to derive source code from the Mobile Application;
v. not to prepare derivative works from the Mobile Application; and
vi. not to use or register the brand Scooter Mart Ltd.