In this agreement (Rider Agreement), we set out the terms and conditions upon which Electra Mobility (Cayman) Limited (Electra) agrees to provide services. Any reference to ‘you’ or ‘user’ means any user, directly or indirectly, of any of the services provided by Electra. The use of ‘our’, ‘we’ or ‘us’ refers to Electra, its subsidiaries, parents and any other affiliated entity.
By using our services, you acknowledge and accept the terms of this Rider Agreement. If you do not accept this Rider Agreement, you are unable to use our services.
Electra may make amendments to this Rider Agreement at any time by posting the amended version on its website at https://www.electra.ky/rider-agreement/. The revised terms supersedes any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our services after we make any changes constitutes your agreement to those changes. Should you not agree to the amended Rider Agreement, you must cease use of all services provided by Electra.
If you have any questions about our Rider Agreement, please contact Electra at firstname.lastname@example.org.
You represent and warrant that:
- you are over 17 and have the capacity to enter into this Rider Agreement;
- you hold a valid drivers’ license;
- you will not permit another person, either alone, or together with you, to use any Electra scooter rented by you or through your account, or any services obtained by you or through your account;
- you are familiar with the operation of the Electra scooters, are physically fit to use an Electra scooter, and do not have any health problems or medical conditions that would make using an Electra scooter unsafe in any way; and
- you will not ride an Electra scooter while under the influence of drugs, alcohol, medication, and/or any other substance that may impair your ability to ride the Electra scooter.
Use of Electra scooters
Sole operator of the services: You are the sole operator of the services. You and Electra are the only parties to this Rider Agreement and you are therefore the only authorized operator of an Electra scooter that is rented through your account. You alone are responsible for complying with this Rider Agreement and for any breach of this Rider Agreement and any damage and/or liability arising from your operation of any Electra scooter or any third party’s use of any Electra scooter rented through your account.
Inspection of scooter: Prior to commencing any ride, you will conduct a basic safety inspection of the Electra scooter, which includes inspecting: safe operation of brakes and lights; proper direction of wheels; condition of the frame; sufficient battery charge; and any signs of damage, disrepair, unusual or excessive wear, or other signs of mechanical and/or maintenance needs (each, a Safety Issue). You shall immediately notify Electra if you identify a Safety Issue and are prohibited from riding any Electra scooter on which there is a Safety Issue.
Scooter fault: If you notice something during use, stop your trip as safely as you can and as soon as possible. If you don’t report these issues, we may have to attribute them to you, including holding you responsible for any associated costs, so please tell us if anything you see doesn’t look right. Something could have happened to the Product since its condition was last checked, and we need you to tell us if something isn’t working properly if you notice it before we do. If you notice any of these or other issues in a Product before your use, don’t use it. Reserve another one instead
Distracted operation: You will not use any cellular telephone, text messaging device, portable music player, or any other device that may distract you from operating the Electra scooter safely.
Hazardous conditions: You will not use an Electra scooter when environmental conditions (i.e. weather, road surface, congestion, etc.) are unsafe, on any unpaved roads, through water, through uneven terrain (including, without limitation, on mountains), through unsafe traffic conditions, on highways or in any location where use of an Electra scooter is prohibited, illegal, and/or is a nuisance. You acknowledge and agree that Electra does not provide or maintain places at or on which to ride Electra scooters and that Electra makes no representation, warranty, covenant, or guarantee with respect to the conditions of any road, sidewalk, vehicle lane, vehicle route, or other thruway you may access in connection with your use of an Electra scooter.
Race/stunts: You will not race the Electra scooter or perform stunts with the Electra scooter.
Obstructions: You will not place anything on the Electra scooter or use the Electra scooter while holding anything that impedes your ability to safely use it. you will not place any objects on the Electra scooter or use the Electra scooter while holding any object that impedes your ability to safely use it. These objects include, without limitation, backpacks, bags, briefcases, and/or any other item that can alter the balance of the Electra scooter or otherwise impede your ability to safely ride it.
Safety equipment: You will wear proper equipment, including a helmet, while using the Electra scooter. You represent, warrant, and covenant that, at all times while using an Electra scooter, you will wear appropriate equipment, including, without limitation, suitable footwear (e.g., tied sneakers, no sandals) and a helmet that is properly fitted and fastened in accordance with the manufacturer’s instructions and meets CPSC, Snell, or ASTM helmet standards (Helmet). Notwithstanding the foregoing, Electra does not make any representation, warranty, covenant, or guarantee with respect to the safety, quality, or other characteristics of any Helmet.
Commercial purposes: You will not use the Electra scooter for commercial purposes, including, without limitation, for advertising services, hire, rideshare or any other like services.
Tampering: You will not tamper with, alter in any way, or vandalize the Electra scooter.
Applicable laws: You will only use and park the Electra scooter in compliance with all applicable laws, rules, regulations, and ordinances of the Cayman Islands. You will obey all street signs, signals, rights-of-way, and markings, that you will use the Electra scooter with courtesy and respect towards third parties, and that you will not block sidewalks, access ramps, bus stops, or landscaped areas.
Return/Parking: You will return the Electra scooter in the condition in which you rented it, except for any ordinary wear and tear. You will park the Electra scooter in lawful parking spots in an upright position and will not park the Electra scooter on unauthorized private property, in a locked area, in heavily trafficked areas, or in any other unapproved space. Without limiting the foregoing, you represent, warrant, and covenant that you will return the Electra scooter to the proper parking area in clean and working condition after your use.
Maximum rental: The maximum rental time of an Electra scooter is 24 hours. You will conclude your ride within a service zone and lock the Electra scooter within 24 hours of the time at which you unlocked or otherwise began renting such Electra scooter.
Third party fines: You are fully responsible and liable for any fees that are charged to you by us or a third party in connection with your use of an Electra scooter or use of an Electra scooter under your account credentials, including, but not limited to, traffic violations, late payments, fines, penalties, impounding charges, court costs, and/or any other Fees based on improper parking or a result of your violation of any law, rule, regulation, and/or ordinance when using an Electra scooter. You agree that Electra may, in its sole discretion, pay any ticket, citation, fine, and/or penalty on your behalf directly to the appropriate authority and bill such payment as a fee to your account, and you will pay us for such fees plus a reasonable administrative fee. In the event we use a third party collection and/or administrative agent to resolve any such tickets, citations, fines and/or penalties, you must pay all costs and collection charges including, without limitation, administrative and legal costs to such agent upon demand without protest.
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of an Electra scooter, as determined by Electra in its sole discretion, or any violation of applicable laws, rules, regulations, and/or ordinances will be deemed to be a violation of this Rider Agreement. Without limiting the foregoing, the foregoing clauses are cumulative to each other and not exclusive of each other.
You acknowledge and agree that Electra does not control, and has no right to control, you or other third parties with whom you may come into contact while using the Electra Services, including, without limitation, pedestrians, bikers, other users of Electra scooters, or other vehicles.
You agree that you are solely responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, harm, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of using any of the services.
Release of Liability
The services are provided on “as-is” and “as available” basis and you use them solely at your own risk. Electra does not represent or warrant the functionality of any of the services or that any Electra scooter or anything relating to your use of an Electra scooter will be in good repair or error-free or free from delays, defects, omissions, interruptions or inaccuracies.
You acknowledge that use of an Electra scooter, as well as any other equipment, product or services that relate to or concern the rental or use of an Electra scooter is an inherently dangerous recreational activity. You, on behalf of yourself, your family, your heirs, your agents, your affiliates, your representatives, your successors, your guardians and your assigns (collectively, the Releasing Parties), agree to indemnify, hold harmless, and forever release and discharge Electra, its shareholders, directors and employees from any and all injuries, demands, losses, damages, costs, loss of service, expenses, compensation, claims, suits, causes of action, obligations, rights, and liabilities of any nature, type, or description, whether known or unknown, contingent or vested, in law or in equity, including but not limited to, property loss or damage, personal injury or loss of life, regardless of legal theory, that relate to, are based on, concern, or arise out of your use of an Electra scooter, any Electra Service, the Electra website, and/or any of the equipment that Electra provides to You.
This release is intended to be a general and complete release of all claims and Electra, including its shareholders, directors, employees and independent contractors may plead the existence of this release as a full and complete defense to any claim.
You are fully liable for all damages, losses, claims, consequences, demands, causes of action, injuries, costs, and liability in connection with your use of an Electra scooter or use of an Electra scooter under your account credentials, including, without limitation, (i) physical or mechanical damage, (ii) loss due to theft, (iii) physical damage resulting from vandalism, (iv) bodily injury to you or a third party, (v) third party claims, (vi) actual charges for towing, storage and/or impound fees paid by Electra, and (vii) administrative charges, including the cost of appraisal and other costs and expenses incident to the damage or loss.
All debit or credit card information is held by a third party payment processor. We make no warranty or representation as to the security of such information held and you agree to indemnify and hold harmless Electra from any loss caused in relation to payment information.
You are solely responsible for maintaining the confidentiality of your log-in credentials in order to use the Services and are fully responsible for all activities that occur through the use of your credentials. You understand that your user name and profile picture may be publicly visible and available on the Site and that search engines may index your name and profile photo.
Your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it.
Let us know immediately if you suspect unauthorized use of your account. To the maximum extent allowed by law, Electra is not liable for any losses by any party caused by unauthorized use of your account.
You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. You may not permit another person to use any Electra scooter or other Services using your account credentials, regardless of whether that person is a user of the Services themselves, and to permit such use is a material breach of this Rider Agreement. Without limiting the foregoing, you are responsible for all use of the services in connection with your account, including, without limitation, death, personal injury and any damage, that results from an Electra scooter that has been used with your account credentials.
Fees: You must pay to Electra all charges and fees in connection with your use of the services, which may vary based on the service you have selected and may include, without limitation, rental charges, application fees, service fees and/or other applicable charges (the Fees). You must pay all Fees when due. If you dispute any Fees, you must submit any such disputes in writing to Electra within fifteen (15) days of Electra charging the Fees. Failure to submit such dispute within such time will mean that you waive the dispute and the charge for such Fees will be final, non-refundable, and non-challengeable.
Method of Payment: You authorise Electra to charge your card via the Electra App or via another authorised third-party payment processor (e.g., PayPal, Stripe, Square, or others). We may seek pre-authorization of your card prior to charging Fees in order to verify the card’s validity or the existence of sufficient funds in the account tied to such card and/or credit on the card.
Returns: Upon Returning the Electra scooter, you will be charged the lesser of (a) the accumulated Fees in the 24-hour time period and (b) $250 per calendar day, which is the maximum daily Fee we will charge for a calendar day. If you fail to Return an Electra scooter within 48 hours of the time at which you unlocked or otherwise began renting such Electra scooter, we will consider that Electra scooter lost or stolen and we may charge you a Fee of up to $2,500 for each Electra scooter, and a police report may be filed.
Provision of Services
Electra reserves the right to limit in its sole discretion the provision of the services to any person, geographic region or jurisdiction. There may be times when we need to disable the Electra website (www.electra.ky) (Site) and/or other services either temporarily or permanently. The services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability to you. Also, from time to time, we may restrict access to some parts of the Site and/or Services, or the entire Site and/or Services. Without limiting the foregoing, you acknowledge and agree that Electra makes no representation, warranty, covenant, or guarantee that the Services (including, for clarity and without limitation, the Electra scooters) will be available to you at all or any times, and you further acknowledge and agree that Electra may, in its sole discretion, without notice or liability to you, terminate your right to use the services (including, for clarity and without limitation, the Electra scooters).
Electric Vehicle. The Electra scooter is an electric vehicle that requires periodic charging. You represent and warrant that you understand that:
- it is your responsibility to check the level of charge power in the Electra scooter and to ensure it is adequate before initiating the Electra scooter;
- the level of charge power in the Electra scooter at the time you initiate a rental or use of the Electra scooter is not guaranteed and will vary with each use;
- the level of charge power in the Electra scooter will decrease as you continue to use it, the rate at which it will decrease will vary, and as it decreases, the speed and/or other operational capabilities will decrease or cease in their entirety;
- the distance and/or time that you may use the Electra scooter before it loses charge power is never guaranteed; and
- the Electra scooter may run out of charge power and cease to operate at any time during your use of the Electra scooter, regardless of whether you have reached your desired destination.
Obtaining Equipment. In order to access the Services, you must have access to a compatible internet browser, computer and/or mobile device. Without limiting the foregoing, you are required to reserve Electra scooters through the App and therefore must have a mobile device that is compatible with the App and the Electra scooters. Electra may require obtaining updates or upgrades from time to time. You acknowledge and agree that Electra may change system requirements from time to time and that meeting those requirements is your responsibility. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
Feature Availability / Features Subject to Change. The availability of the Services and the features and services included in it is subject to change with or without notice to you. Not all features or services included in the services are available in all markets and functionality of the services may be limited, including, without limitation, due to vehicle capability or compatibility, mobile device or network coverage.
Usage and Data Fees. Your internet service provider or mobile carrier may charge you access, software or data fees for any network use or data transmission by the Services.
Promotional Offers. From time to time, Electra may offer promotional discounts or credits (Promotional Credits) to users. Electra reserves the right to withhold or deduct Promotional Credits in the event that Electra determines or believes that the receipt of the Promotional Credit was in error, fraudulent, illegal, or in violation of our rules or any other applicable agreement between you and Electra, as determined in Electra’s sole discretion. Each of these promotions will have their own rules and terms that you should review. Those terms will apply in addition to this Rider Agreement. We are not required to give, and you are not required to accept, any offers we may promote through the services. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to receive the offer. Some offers may be subject to other charges or restrictions which will be disclosed before you accept the offer. If you accept an offer you also assume all liability associated with that offer.
Electra reserves all rights with respect to its intellectual property rights and does not permit you or any person the right to use its intellectual property without express written consent.
We have the right to disable or close your account if your account is delinquent, if your card is no longer valid, or at any other time, for any other reason or for no reason, in our sole discretion and without any liability to you. If we terminate your account, you must immediately return any Electra scooter, or other property of Electra that you have in your possession. You will be charged for the value of any property of Electra that you fail to return as well as all costs (including attorneys’ fees and costs) that Electra incurs in attempting to recover its property from you.
Termination by You: You may terminate your use of the services at any time by closing your account and/or ceasing to use the services; provided, however, that (i) termination will not entitle you to any refunds, (ii) this Rider Agreement will remain in effect indefinitely after your termination, and (iii) we reserve the right to charge any additional Fees that you owe as a result of your use of the services or a third party’s use of the services under your account.
Termination by Us: We may, in our sole discretion and with or without cause, unilaterally terminate your right to use the services at any time and without any notice to you.
The governing law of this Rider Agreement is the Cayman Islands and the parties irrevocably submit to the exclusive jurisdiction of the Cayman Islands courts.