Neuron E-Scooter and Bicycle Rental Service Agreement
Last updated: 7th June, 2017
Thank you for using Neuron. Neuron provides a e-scooter and bike rental service for short-distance travel. This “Neuron E-Scooter and Bicycle Rental Service Agreement”( "Agreement") is between Neuron Mobility Pte. Ltd. including its related parties, (hereinafter referred to as "the Company" or "Neuron" or “us”) between the Service User (hereinafter referred to as the "User") and the User regarding downloading, the use of "Neuron" software, and rental of Neuron e-scooters and bicycles, the use of bicycle rental services provided by the agreement
In consideration of Neuron renting an e-scooter or bike to you, you agree to the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Neuron may unilaterally amend, modify or change this Agreement from time to time without your consent. Amendments will be effective upon Neuron’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended.
Neuron e-scooters are equipped with global positioning system devices. All of the foregoing equipment and other equipment consists of any Neuron, in whole or part, shall be referred to as “Neuron Equipment”
The Services constitute a technology platform that enables users of Neuron mobile applications or websites provided as part of the Services (“Application”) to rent Neuron e-scooters and bicycles. Unless otherwise agreed by Neuron in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be in good health condition for riding, to obtain an Account. Account registration requires you to submit to Neuron certain personal information, such as your email and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Neuron’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Neuron in writing, you may only possess one Account.
Before using Neuron Service, you should download Neuron Ltd App, and register a user account. After successful registration, we will provide you with a personal account ("Neuron Account"), which means that you have consented to and authorize us to use your personal information for the purpose of providing you with services.
2.2 TEXT MESSAGING
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. Should you have questions about receiving text (SMS) messages from Neuron, you may contact Neuron through firstname.lastname@example.org. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Neuron may, in Neuron’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Neuron establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Neuron; (iii) may be disabled by Neuron at any time for any reason without liability to Neuron; (iv) may only be used pursuant to the specific terms that Neuron establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Neuron reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Neuron determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Subject to your compliance with these Terms, Neuron grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely about your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Neuron.
The services and all rights therein are and shall remain Neuron’s property or the property of Neuron’s licensors. Neither these Terms nor your use of the Service convey or grant you any rights to: (i) remove any trademark, copyright or other proprietary notices from any portion of the Services; (ii) reproduce, amend, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Neuron; (iii) reverse engineer, decompile or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems.
2.6 PROVISION OF THE SERVICES
You acknowledge that portions of the Services may be made available under Neuron's various brands or request options.
2.7 THIRD PARTY SERVICES
2.8 USER REQUIREMENTS AND CONDUCT
You may not authorise third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You shall: (i) be responsible for all losses of the Neuron e-scooter or bicycles, docking station and third party liability caused directly or indirectly by you during the rental period, (ii) seek shelter and stop using the e-scooter in the event of rain.
You shall not: (i) transfer the whole Neuron e-scooter, docking station or any part of it to any areas by means other than normal riding whether the Neuron e-scooter is locked or not, (ii) ride the e-scooter on the road (in the event that e-scooter is confiscated by traffic police due to violating law & regulations, you shall bear the full cost of the e-scooter, payable to Neuron), (iii) without the prior consent of Neuron, publish any commercial or non-commercial advertisements, (iv) infringe any other party’s lawful rights, including without limitation intellectual property rights, (v) submit, upload or publish any defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content.
2.9 NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Neuron does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Neuron is responsible for the daily running, maintenance and repair of the e-scooter, bike and docks. But it does not mean that the Company has the obligation to ensure that all available bicycles are in a trouble-free condition in real time. The rider should confirm the integrity of the components, efficiency, and familiarize with the performance of the equipment and safety devices before using a bike.
If rider find that the bicycle is broken, he(she) shall stop using, and notify Neuron about the problem. If the rider disregard the broken bike and continue use it, the rider should take responsibility for the behavior.
You understand that use of the Services may result in charges to you for the services you receive (“Charges”). After you have received services obtained through your use of the Service, Neuron will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law.
The Security Deposit is debited from your payment card as part of the registration process and paid to Neuron on the start date of the account. You need to recharge before you start using the Services. All Charges are due immediately and payment will be deducted from your Neuron wallet from the balance of your Account.
3.1 SECURITY DEPOSIT
A deposit is required before using the e-scooters or bicycles. It reminds you when paying the deposit. If rider do not accept the terms of deposit, please stop using Neuron. The deposit is refundable, If refunded, deposit should be paid again before using a bike next time. Besides, you can refund deposit only once for free. If you refund deposit more than one time, an extra transaction fee will be deducted from deposit.
You can refund deposit if you do not use Neuron Services any more. It may take up to 3 weeks for the deposit to be refunded back to your account.
Once unlocked, you should pay for the cost of using e-scooter or bike. Each e-scooter or bike in different countries has different price. We will inform you the price of the e-scooter or bike before using.
The balance in my wallet, only can be used to pay riding cost. It has no expiration date, and cannot be transferred or donated to others. We will inform you each charge definitely.
4. OTHER RESTRICTIONS USES
Users shall not do any of the following acts:
- Use any e-scooter or bike if Users is younger than 16 years of age.
- Use any e-scooter or bike if Users has any existing physical or mental. condition that would prohibit him/her from safely operating the equipment.
- Use any e-scooter or bike that exceeds a period of 24 consecutive hours, otherwise the Neuron equipment is deemed lost or stolen. Members’ credit or debit card will be charged the full cost of the equipment. A police report may be filed with local authorities.
- Operate a e-scooter or bike while carrying any item that impedes User’s ability to safely operate the equipment.
- Operate a e-scooter or bike while under the influence of alcohol, drugs, or any other substance that impair User’s ability to safely operate the equipment.
- Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts User from the safe operation of the equipment.
- Allow any other person to use the e-scooter or bike or allow more than one person to be carried on the e-scooter or bike.
- Carry objects weighing in total more than 10 kg.
- Violate any applicable federal, state, or local law.
- Operate or use a e-scooter or bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
- Ride or operate a e-scooter or bike that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair.
- Continue using the e-scooter or bike if it, or any component of it, should become defective or malfunction.
- Use the e-scooter or bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding.
- Remove or modify any accessories, parts or components of any e-scooter or bike.
- Ride the e-scooter or bike without paying applicable user fees at the time they become due.
5. SERVICE LIMITATIONS
User acknowledges and agrees that from and after the date that Neuron makes e-scooter and bicycles available to the public for rental, Neuron may suspend all or part of its e-scooter and bike rental program at any time, may relocate docking stations, reduce the number of e-scooter or bicycles available for rent and otherwise operate its e-scooter and bike rental program in its sole discretion. User further acknowledges that Neuron may suspend the availability of e-scooter and bicycles during adverse weather conditions, or may be required to suspend the rental of e-scooter and bicycles by the city in which the e-scooter and bicycles are located. User shall not be entitled to a refund of any fees for unused rental periods unless Neuron’s e-scooter and bicycles rental service shall have been suspended for more than 15 days. Neuron does not represent or warrant that e-scooter and bicycles will be available for rental at any locations at any time. Neuron may require the return of its e-scooters and bicycles at any time.
6. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY.
The services are provided “as is” and “as available.” Neuron disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neuron makes no representation, warranty, or guarantee regarding the reliability, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
6.2 LIMITATION OF LIABILITY
Neuron shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, except those resulting solely from the faults of neuron. Neuron shall not be liable for any damages, liability or losses arising out of your use of or reliance on the services or your inability to access or use the services, even if neuron has been advised of the possibility of such damages. Neuron shall not be liable for delay or failure in performance resulting from causes beyond Neuron’s reasonable control. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold Neuron and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including injurers in accidents.
6.4 GOVERNING LAW; ARBITRATION
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of Singapore.
You may not assign or transfer these Terms in whole or in part without Neuron’s prior written approval. You give your approval to Neuron for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Neuron’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and Neuron as a result of the contract between you and Neuron or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
7. PERSONAL DATA PROTECTION
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):
- To perform the Company’s obligations in respect of any contract entered with you;
- To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- To respond to questions, comments and feedback from you;
- To communicate with you for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under law;
- To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors
- To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors;
If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.
The Company will, to the best of its abilities, effect such changes as requested within 14 working days of receipt of such notice of change.
8. CUSTOMER SUPPORT
If you encounter any problem using Neuron Services, please contact us in one of the following ways:
Company: Neuron Mobility Pte. Ltd.