1. THE PARTIES
1.1 Unplugged AS (and its subsidiaries), a limited liability company, duly registered and validly existing under the laws of Norway, with company registration number 986 211 985 is referred to MobiDock and/or us/we/our/the within this agreement.
1.2 For your use of these services, MobiDock requires that You, the user, agree to all terms & conditions within this agreement.
1.3 By accepting these terms You warrant and clarify that You are at least 12 years of age. You also warrant that if you are in between 12 and 15 years old you must wear a helmet to ride an electric vehicle. Futheremore you warrant that you are physically fit and possess reasonable competence to use and operate any of our vehicles. You also warrant that you possess the necessary capabilities to make a competent assessment of the driving conditions to be able to use our services responsibly. This includes considering weather conditions, your health status, and/or any other factors that may be relevant for operating an electric vehicle. You understand that You are solely responsible to adapt speed, breaking and general riding behaviour to e.g. (but not limited to) traffic, road state, weather circumstances and similarly to ensure competent and responsible usage.
1.4 You hereby also confirm that You shall conduct a basic safety check before using a vehicle, such as inspecting the brakes, wheels, frame, battery level and light for any visible damage or suspect appearance of any kind. You agree to not use the vehicle if any of these factors does not appear satisfactory. If it does not, You agree to report the issue to MobiDock via any of the platforms where you can do so, e.g. (but not limited to) the app, the website, or via e-mail.
1.5 MobiDock reserves the right to cancel or change any existing campaign or offer at any time.
1.6 MobiDock Credits stored in the wallet are non-refundable.
1.7 Credits will be removed from users with 12 months of inactivity.
1.8 Your trip may end automatically after 8 hours passed. This is done to prevent excessive charges for customers that forget to end their trip.
1.9 If the vehicle is not returned to the charging station at the end of the ride You may be charged up the cost of retrival of the asset charged at 1100 NOK/hour ex VAT.with a minimum fee of one hour. Example a two hour session to recuperare a vehicle will be invoiced 2200 NOK+VAT.
1.10 Fines related to improper parking associated with Your utilisation of the mobility device will be transferred to You.
1.11 Our service may at times be closed during the night.
2. THE ACCOUNT
2.1 You hereby confirm that to be able to use our services, You must register for a user account in our mobile application. Your user account is personal to You, and You shall not (without prior written consent from MobiDock create a user account for another person, transfer Your account to another person or assist another person to access Your account.
2.2 You hereby confirm that the information You provide is true and accurate. You must provide personal information, and a valid card number as financial information to be able to use our services. You are responsible to ensure that the provided information is updated at all times. To comply with local regulations, and reasonable operational management, MobiDock may need to verify such information. You confirm that You will assist in this process to enable us to do these reasonable verifications where it may be necessary.
2.3 All accounts and their functionality are subject to approval or discontinuation at our discretion. We reserve the right to reject or terminate any account, temporarily or permanently, and to deny access and prohibit a specific user to use our services.
2.4 You are responsible for Your account’s security, including (but not limited to) Your login identification, password(s) and account details. You confirm that such details are not shared or disclosed with any other party or person. You are responsible for all loss, damage or problems that could arise from disclosing Your account information, as well as any fraudulent activity, digital threat and/or similar scenario.
2.5 You are required to notify us if You suspect and/or are aware of any activity that seems suspect and/or any unauthorized access of your user account.
3. USE OF OUR SERVICES
3.1 You confirm that by using any of our applications or digital services, You agree to the terms and conditions outlined here. You confirm that you will not under any circumstances modify or exploit any of our applications, nor share information that may result in such behaviour to any third party.
3.2 You also confirm that any problems that may arise, e.g. not ending the trip successfully in the app, must be reported to us immediately, as it may otherwise be dismissed without further discussion or compensation.
3.3 MobiDock is intended for personal use only. It is prohibited to use the MobiDock for commercial transportation of goods and/or services
3.4 MobiDock reserves the right to suspend Your account
3.5 You understand and confirm that all intellectual property rights within any of our services is the sole property of MobiDock, and will not be used for any commercial activity and/or similar intentions.
4. USER BEHAVIOR
4.1 You hereby confirm that you will comply with all local regulations such as (but not limited to): Traffic regulations, data protection, parking instructions, vehicle usage instructions. You also confirm that you at all times are competent enough and physically fit to operate a vehicle in a responsible manner, consider all traffic conditions, as well as displaying general common sense.
4.2 You are solely responsible and assume all responsibility and/or risk for any injuries or damages that may arise from using any of our vehicles. You confirm that You will treat any vehicle with common sense care (as outlined in this agreement) and understand that damages, liabilities or costs towards MobiDock arising from You not doing so can result in us demanding full reimbursement from You.
4.3 You confirm that You can use the vehicles solely as intended and instructed within our application, in compliance with local regulations, and in compliance with these terms and conditions, such as (but not limited to):
4.4 – No altering, dismantling or adjusting being done to the scooters
4.5 – Not riding or parking within restricted areas
4.6 – Not bringing/riding the scooter outside of the Operational Area (the ‘Operational Area’ is in this case defined as the area where you ride that is surrounded by a continuous area/fence on the map). Doing this may result in a penalty up to 2000,- NOK (in addition to the total cost of the trip).
4.7 – Not riding more than one person per scooter
4.8 – Not riding the vehicle if your total weight (including accessories) exceeds 120kg
4.9 – Report any damages, theft, accident or similar scenario to a vehicle you rented and/or come across
4.10 – Using appropriate safety gear
4.11 – Not riding in an improper condition, such as (but not limited to): under the influence of substances, distracted, during an unwell physical condition, under the influence of medication or any other factors that may prevent you from operating a vehicle in a responsible and competent way
4.12 – Riding properly and competently in regards to all traffic laws and local regulations
4.13 – Parking properly in regards to all traffic laws and local regulations
4.14 – Not bringing the scooter onto other types of transport (for example, but not limited to: buses, trains, cars, etc) 4.15 You confirm that You understand and accept that Any damages and/or costs to MobiDock resulting from not complying with these outlined terms, local traffic laws, and local regulations are subject to be invoiced to You, and are Your sole responsibility unless MobiDock have specifically expressed otherwise in writing.
5. DISCLAIMERS, LIMITATION OF LIABILITY & FORCE MAJEURE
5.1 You hereby confirm that the usage of our services is solely at Your risk. MobiDock holds no warranties in regards to the service, and no liabilities for events such as (but not limited) to: Errors, interruptions, unavailability, maintenance, state of the vehicles and/or similar.
5.2 You confirm and understand that scooters are electric vehicles that may experience issues or malfunctions, even if it has been properly maintained and inspected before use. Such issues may cause injury, damages or dangers of various sorts to You and/or others, people, property or similarly. You confirm that You understand and agree that You are solely responsible for all such dangers and risks that may occur from operating any of these vehicles. When choosing to use our services and operate any of our vehicles You confirm that You assume full responsibility for all related risks and dangers, and that You may be liable for all relating damages, deaths and/or costs. You confirm and understand that operating an electric vehicle involves an element of risk and that dangerous situations can occur and may not be avoidable even if proper precautions have been made.
5.3 You confirm that you will indemnify and not make claims or request compensation of any kind against MobiDock relating to the use of our services or operating any of our vehicles. You acknowledge that You have agreed to use our services in accordance to these terms and conditions, and that any use of the services are Your sole responsibility. You agree to not misuse any of our services and failure to do so is Your sole responsibility.
5.4 You confirm that MobiDock shall not be responsible for any loss, damage, failure or error which is caused by conditions beyond our control, defined as “force majeure”, such as (but not limited to): natural disasters, change in legislation and/or laws, weather conditions, power breakdown, infrastructure problems, strikes, orders of administrative authorities, interruptive events and/or any events with similar outcome.
6.1 MobiDock reserves the right to change, update or amend these terms & conditions from time to time without Your consent. You confirm that you on a regular basis should review this agreement to have an up to date awareness in regards to any modifications. You confirm that this agreement supersedes all prior agreements and is the final and complete agreement for using our services. By continuing to use our services, you agree to be bound to these terms and conditions.
7. GOVERNING LAWS AND JURISDICTION
7.1 You hereby agree that any disputes that arise from using our service or in relation to this agreement will be subject to Norwegian law, and Norwegian courts exclusively. This agreement is governed by Norwegian law exclusively.