Scroll Rental Agreement
Effective Date: 20 May, 2024
last Edit: 1 June, 2024
Please, read the Rental Agreement carefully. Rental Agreement regulates the legal relations between you and Scroll and includes regulations that are binding to comply with. Apart from the present Rental Agreement, no additional agreement will be concluded with the Renter that will regulate the rental of electric vehicle. The Renter must read and agree to this Rental Agreement for the use of electric vehicle. This agreement includes the terms and conditions of use of the App and it will be presented to the Renter in the App along with the Privacy Policy, as well as posted on the website. By marking the appropriate box in the App, the Renter confirms that he/she has read and agrees to this agreement to have legal consequences. 1. Definition of terms; 1. Agreement – the agreement includes the following agreements between Scroll and the Renter- the Rental Agreement and the Privacy Policy; 2. Rental Agreement – this agreement on the rent of electric vehicle is concluded between the Renter and ,,Scroll Mobility’’ LLC; 3. Privacy Policy – Terms and conditions for the processing of personal information of the Renter, which is placed in the App of Scroll and the Renter reads and agrees to it while registering in the App; 4. Customer/Renter – In case of using a moped/ Electric scooter , an individual who has reached the age of 16 and has a driver’s license, And in case of using a Electric scooter, a person who has reached the age of 16. 5. Scroll – a trademark of ,,Scroll Mobility’’ LLC, registered with the National Intellectual Property Center of SAKPATENTI and operated by ,,Scroll Mobility’’LLC. ,,Scroll Mobility’’LLC is referred to as Scroll in the Agreement; 6. App – Electric vehicle sharing application available for download in the Google Play and Apple App Store. The App is mobile compatible. The Renter can receive the services provided by the Rental Agreement from Scroll through the App; 7. Moped – an electric Moped offered for sharing by Scroll to the Renter through the App; 8. Cost/Price– the cost of renting an electric vehicle; 9. Penalty – the amount provided for in the Rental Agreement for violation of the terms of the agreement, which is imposed as a penalty on the Renter and deducted from the card indicated in the App; 10. Services – Services for the purposes of this Agreement include services that the Renter receives through Scroll App; In particular, the Services include the use of the App itself, the rental of electric vehicle, as well as the rental of auxiliary items related to it, service personnel. 11. Registration – Registration of the Renter in the App by phone number and e-mail; 12. Verification – The procedure of validation and confirmation of the Renter’s driving license registered in the App performed by identomat.com. 13. Authorized Renter – a Renter who has undergone registration and verification in the App; 14 – Personal account – a personal page created by the Renter in the application. 15. Driving license – a document issued by the relevant authority certifying that the holder of this document has the right to ride the vehicle indicated in the document; The Renter is prohibited to transfer the driving rights to any third party; 16. Restricted zone/zones– the area marked in red on the map placed in the App of Scroll, where it is forbidden to ride/drive by moped,or/and Electric scooter; 17. Ending zone/zones – the area marked in green and blue on the map placed in the Scroll App, where it is allowed to park a moped or Electric scooter; 18. Riding/driving Zone – the area marked in white on the map placed in the Scroll App, where it is allowed to ride/drive by moped, or Electric scooter; 19. Pausing – pausing of the ride/drive or parking temporarily; 20. Personal Information – Information defined by the Law on Personal Data Protection. 21. Direct communication – direct and immediate provision of information to the data subject by phone, mail, e-mail or other electronic means of a natural person and/or legal entity, goods, idea, service, work and/or initiative, as well as formation and maintenance of interest in image and social topics , for the purpose of realization and/or support. 22. Website – https://scroll.eco/ 23. Electric vehicle – electric scooter and/or electric moped (according to the context) 2. Subject of rent; 1. Scroll provides Electric Mopeds (two helmets placed in the trunk of the moped)/Electric scooter. Only Scroll and the Renter are parties of the Rental Agreement. 2. The Renter solely rents the electric vehicle and therefore is solely responsible for the fulfillment and breach of the obligations under the Rental Agreement. 3. The Renter may rent the electric vehicle only via the App, only after successfully completing the registration and verification procedures in the App. 4. Electric vehicles are the property of Scroll and neither this agreement nor the rental of electric vehicles by the App may be construed as a transfer of ownership title to the Renter. This rule applies to the electric vehicle itself, as well as to any other additional items that are rented with the electric vehicle or represents its constituent parts. 5. The Renter is obliged to pay the cost of the rental to Scroll, which is calculated in accordance with the rules set forth in this Rental Agreement. The rental price is specified in the application. 3. Preconditions of the rent; 1. The Renter must meet the following preconditions in order to rent the electric vehicle: – The Renter must be at least 16 years old in case of renting the Moped; – The Renter must download the App in the mobile phone; – The Renter must register in the App and complete the verification procedure; 2. The Renter should download the App from Google Play or the Apple Store App, read and agree to the Rental Agreement and Privacy Policy upon registration, and fill out the registration form available in the App. 3. By registering in the App, the Renter confirms that he/she has read and agrees to the terms of the Agreement. 4. The Renter bears full material responsibility for any administrative sanction (penalty) imposed by the patrol police of the Ministry of Internal Affairs. 5. When parking outside the end of the ride/parking zone, in case the electric vehicle is moved to the penalty parking lot by the relevant service, the Renter bears full financial responsibility for any fees for removing the electric vehicle owned by the Scroll from the penalty parking lot and other related additional expenses. 6. The Renter is obliged to comply with the rental preconditions upon registration in the application and throughout the rental period. In case of violation of these preconditions, the responsibility rests with the Renter. 7. The Renter is obliged to ride/drive the electric vehicle personally and ensure that third parties do not have access or the opportunity to use it. Scroll declines all responsibilities in cases where third parties have taken advantage of the authorized profile of the Renter. Liability for any damage that may be caused by third parties using the electric vehicle shall be borne by the authorized Renter who activated it. 4. Registration in the App; 1. The Renter must download the App in order to register in the App. 2. Downloading the App and registration is free of charge. 3. The Renter must fill in the application form and follow the steps indicated below in order to register in the App: – Indicate the phone number; – Enter the code received on the phone number; – Review, read and agree to the Rental Agreement and Privacy Policy. Reading and Agreeing to this document is mandatory for registration; – Indicate his/her full name in the application; – After entering the first and last name, the Renter has open access to the map and is able to view coverage areas, free electric vehicles; – Enter the payment card details, which will be used for payment of the rental cost purposes; – Registration is completed by entering the payment card details; 4. The Renter is obliged not to transfer the App authorization information to a third party. Otherwise, the liability for any damages occurred, the cost of rent is fully borne by the Renter. 5. Registration for more than once with the same driving license is prohibited in order to avoid duplication of the profiles. 5. Verification; 1. The Renter is obliged to complete verification procedure in order to rent the electric vehicle. 2. Verification is free of charge. 3. Verification of electric moped is possible with driver’s license. 4. For the verification with the driver’s license, the Renter must go through the following steps: – Mark “verification” in the App; – Follow instructions in the App; – The App redirects the Renter to the identomat.com website, where the Renter must upload photos of the front and back of the driver’s license. The Renter must take selfie through the identomat platform, in accordance with the instructions provided; – If the Renter cannot be identified by the photos taken by him/her, the identomat platform will notify the Renter and redirect him/her to the beginning of the verification process; – After uploading the photos, identomat.com checks the compliance of the individual with the uploaded photos and makes one of the following decisions: a) Positive – a positive decision for verification. Uploaded driver’s license and the Renter’s photo comply with each other; b) Negative – a negative decision for verification. The uploaded driver’s license does not match the Renter’s photo; c) Is pending – in such a case Scroll is authorized to review the verification session itself and make a final decision. – The verification process is completed with a positive decision issued by identomat.com; – The Renter will receive a notification about the successful completion of the verification in the e-mail specified in the App; 5. The Renter shall read the Privacy Policy of identomat at the following link – https://www.identomat.com/privacy-policy 6. The Renter is authorized to use electric vehicle of Scroll only after receiving a positive notification about verification. 7. In case the Renter fails to complete the registration or verification process due to a technical problem, the Renter is entitled to contact Scroll through the App or by email. 8. The data provided by the Renter during the registration and verification process – the first and last name, e-mail, ID card, driver’s license, phone number must be correct and active. The Renter is liable for any damages that may be incurred as a result of providing incorrect information. 9. If the Renter suspects that his/her profile is being used by another person, the Renter is obliged to notify Scroll immediately. 6. Comencement of the agreement; 1. The Renter must read this Agreement while registering in the Application. The Renter confirms that has read and agrees to the Agreement by marking relevant box. The consent expressed in such a form shall be considered as written consent and shall be considered as the signing of the Agreement by the Renter. 2. The Agreement enters into force from the moment of the Renter’s registration in the App. 7. Statements and guarantees of the parties; 1. Scroll declares and guarantees that: – Scroll is the sole owner of the electric vehicles; 7.2. Renter declares and guarantees that: – he/she has reached 16 years in case of using a moped; – he/she is aware of the rules of driving the electric vehicles, is competent and has the necessary skills to ride/drive the electric vehicle; – he/she has read the terms of the Agreement in a language and form that the Renter understands, confirms the agreement to the terms described in them; – he/she has read the safety rules specified in the App, the rules of unlocking and using the electric vehicle, agrees with them and is ready to fully and inviolately follow them; – he/she will use the electric vehicle in good faith, take care of it, will not cause damage and will take all necessary measures to prevent damage; – he/she is the sole renter of the electric vehicle and is personally responsible for compliance with all terms and conditions specified in this Agreement; – he/she is aware of the fact that when unlocking an electric vehicle, the Renter must ride/drive it personally, only himself/herself; – By making a decision about driving an electric vehicle, he/she takes responsibility and risks himself/herself in case of injury or damage to health; – he/she is aware of the fact that environmental conditions such as rain, fog, snow, ice, hail, heat can affect the ride/drive. Takes responsibility for any material or intangible consequences upon the commencement of the ride/drive in spite of these conditions; – he/she recognizes that the electric vehicle and any additional equipment attached to it is the property of Scroll; – he/she agrees to use the electric vehicle considering the zones indicated by Scroll, to park in the Ending Zone, not to ride/drive in the Restricted Zone; – he/she realizes that he/she is riding/driving the electric vehicle personally and, consequently, personally bears all responsibility for violation of the traffic rules; – he/she entitles Scroll to deduct any charges (costs under the Agreement, fines, compensation for damages for violation of the terms of the Agreement) from the card indicated in the App; -he/she is aware that transportation of heavy weight by electric vehicle is prohibited; – he/she is aware that the electric vehicle operates with charged battery. Driving of the electric vehicle reduces the battery; -he/she is familiar with the traffic rules and undertakes to obey and follow such rules; – When parking outside the end of the ride/parking zone, in case the electric vehicle is moved to a penalty parking lot by the relevant service, he/she is fully responsible for any fees for withdrawing electric vehicle from the penalty parking lot by Scroll and other related additional costs. 3. The statements and warranties of the parties are binding provisions and their violation constitutes a violation of the essential terms of the agreement. Scroll is entitled to impose a penalty on the Renter for breach of warranties. In the event of a breach of the terms of the warranty, the breaching party shall be liable for any damages arising out of such breach. Breach of any term of the warranty entitles the other party to terminate the contract unilaterally. 8. Start of the ride; 1. The Renter can rent the electric vehicle only via the App. 2. The rental process (the same as “the Ride”/travel) involves activation of the electric vehicle with the App by the Renter, the ride, and ending of the ride. 3. The Renter must have a mobile phone with the App and driver license (in case of using an electric moped). in order to start a ride. 4. To rent an electric vehicle the Renter has to: – Find and book the desirable electric vehicle on the map through the App; -Check the condition of the electric vehicle, whether it has any damage. In case of discovery of damage, the Renter is obliged to mark the damaged item through the application and enter the details of the damage. In the event that the Renter does not enter the details of the damage, it is assumed that he/she has rented an electric vehicle without damage, therefore any damage found at the end of the ride that was not marked at the beginning is the responsibility of the Renter; Scroll is authorized to impose a penalty on the Renter. The information on the penalty is available on the website. – In case of renting the moped, put on disposable medi-cap placed in the trunk for hygienic safety and then the helmet. Two helmets should be found in the helmet case of the Moped. In case of absence of helmets, the Renter must notify Scroll through the App. In case of absence of such notice, it is assumed that the Renter rented a moped with two helmets. Consequently, the responsibility for losing the helmet at the end of the ride will fall entirely on the Renter; The information on the penalty is available on the website. – Move the Moped from the stand and press “start” button and do not let go until the screen reads “Ready.” 9. Ending the ride; 1. The Renter is obliged to make sure that the electric vehicle is parked in the Ending Zone before the end of the ride/drive. In the event of completion of the ride/drive outside the Ending zone, Scroll is authorized to impose on the Renter the penalty considering the distance between the electric vehicle and the Ending zone. The information on the penalty is available on the website. 2. To complete the ride/drive, the Renter is obliged to: – Ride/Drive the electric vehicle to the Ending/Parking Zone; – Place the electric moped on the stand; – Place both helmets and other accessories in the trunk in case of renting the moped; – When renting a moped, lock the trunk lid, make sure that the trunk is locked. 3. A renter who abandons an electric vehicle and misses any stage of completion of the ride will be charged a penalty for leaving the electric vehicle without completing the ride. The information on the penalty is available on the website. 4. The renter is obliged to leave the electric vehicle in an orderly and clean condition. Scroll will impose a penalty on you for polluting an electric vehicle. The information on the penalty is available on the website. 10. Terms of use of the electric vehicle 1. It is forbidden to ride the Moped without a helmet. Scroll is not responsible and the Renter himself/herself is responsible for any damage caused while riding the Moped without a helmet, including an administrative fine or Physical and material damage caused to the Renter or any affected third party. 2. For the case of riding a moped without a helmet, the Renter will be charged a penalty provided by the Code of Administrative Offenses. 3. Scroll is authorized to charge the Renter a penalty for the loss of the helmet. Information on the penalty is available on the website. 4. In case the Renter takes the helmet with him/her after the end of the ride, Scroll is entitled to impose a hourly penalty on the Renter before the helmet is returned. If the Renter avoids the obligation of returning the helmet, the Renter will be charged a fixed penalty. Scroll is authorized to suspend the Renter’s Scroll account. Information on the penalty is available on the website.. 5. Scroll is exempt from liability if the Renter rides the Moped without a helmet. Scroll ensures that the helmets are available in the Moped. In case of absence of helmets, the Renter is obliged to report it to Scroll and do not ride the Moped without the helmet. 6. In case of arising any problem in booking the electric vehicle, starting or ending a ride, the Renter should contact Scroll to eliminate the problem and do not attempt to rectify the problem on their own. The Renter is responsible for any modifications made to the Moped. 7. In case the electric vehicle is damaged, broken, has missing parts, the Renter is obliged to report about the damage. Otherwise, any such damage at the end of the ride will be the responsibility of the Renter. 8. If the electric vehicle is unstable during the ride/drive, has any other problems that hinders the Renter during the ride/drive, the Renter is obliged to immediately stop using the electric vehicle, park it in the Ending/Parking Zone and report such damage to Scroll. 9. The Renter is obliged to plan the ride/drive considering battery status of the chosen electric vehicle (It is recommended that the battery status exceeds 25%). Scroll is not responsible if the electric vehicle runs out of battery before reaching the destination. 10. The battery decreases during the ride/drive, it is affected by various circumstances such as road conditions, weather. The Renter is obliged to take these circumstances into account before starting the ride/drive. 11. Scroll electric vehicles are electric and Scroll ensures their charging. The Renter is obliged to pay attention to the control screen and ensure that the electric vehicle will not be outside the operation zone without charged battery. In case the electric vehicle run out of the battery outside of the operating zones, the Renter will be imposed a penalty for returning it. The information on the penalty is available on the website. 12. The Renter should not try to charge the Moped himself/herself. In such case, all risks, damages, responsibilities, obligations that may be caused by charging the electric vehicle are transferred to the Renter. 13. Considering the nature of the ride, the Renter must take additional safety or precautionary measures that are not specified in this Agreement. 14. The Renter must return the electric vehicle in the same condition as it was at the start of the rent. 15. The Renter must ensure that his/her mobile phone is charged during the ride/drive and will be able to complete the ride/drive. In case the Renter’s mobile phone is turned off before the end of the ride/drive, the Renter is obliged to contact Scroll at the earliest opportunity and inform the ride/drive details. 16. The Renter is obliged to cooperate with Scroll to specify the details of any incident, disputed case, to provide with complete and exhaustive information, to report to Scroll office, to take part in the survey. 17. The Renter undertakes the responsibility for keeping the electric vehicle clean, not trying to modify it. 18. The Renter is obliged to take care of personal belongings and not to leave them on the electric vehicle after the end of the ride/drive. Scroll is not liable if the Renter has left his/her personal belongings in the electric vehicle. 11. Traffic rules; 1. The Renter is obliged to follow and obey the traffic rules at any time while using the electric vehicle . 2. When driving the electric vehicle, the Renter is obliged to ride/drive on the road so that all wheels of the vehicle touch the road surface. 3. In a populated or uninhabited area, the movement of a moped is allowed at a speed of not more than 45 km/h. 4. Standing on the edge of the pavement bordering the roadway is allowed for electric vehicles if it does not create an obstacle for pedestrians. 5. Movement of electric vehicles is prohibited on the highway, at the entrance and exit of the highway. 6. It is allowed to ride the moped on the roadway, only in one line on the right lane of the road, and on the side – if it does not impede the movement of pedestrians. 7. Movement on the pavement by electric vehicles is prohibited, except for scooter. 8. A person transporting an electric moped/scooter as a pedestrian is equal to a pedestrian. 9. The Renter is prohibited from transporting cargo by electric vehicle. 10. An electric vehicle user is obliged to comply with the law of Georgia on traffic. 11. In this article, the provisions related to electric vehicles from the Law on Road Traffic are indicated for information. In the event that there is an amendment in the law on road traffic, which is not reflected in this agreement, the Renter is obliged to follow and comply the applicable legislation. 12. The Renter will be imposed the fine for violation of traffic rules under the Code of Administrative Offences. Scroll is entitled to suspend account of such Renter. 12. Prohibitions; 1. It is forbidden to ride with a child under 12 years old. 2. When riding the scooter, the Renter is not allowed to transport a passenger. 3. Do not use your mobile phone or other device while riding/driving an electric vehicle, as this may distract you from riding safely. 4. Driving the electric vehicle under the influence of alcohol, drugs, medications or other substances that may restrict the ability to drive the electric vehicle safely is prohibited. In such case Scroll is entitled to impose the penalty on the Renter. 5. It is forbidden to park the electric vehicle in restricted parking lots, privately owned areas or in areas that are closed and not accessible to public. Parking of electric vehicles is allowed only in the Ending Zone. 6. It is forbidden to use the electric vehicle in a Restricted Zone. 7. It is forbidden to participate in races or any sporting events with the electric vehicles. 8. It is forbidden to transfer the electric vehicle to another person for payment or free of charge. In the event that the Renter has transferred the electric vehicle to a third party to ride/drive, the penalty will be imposed on the Renter by Scroll. The information on penalty is available on the website. The Renter is also fully responsible for any administrative fines imposed for violations of the law. 9. Arbitrary charging of the electric vehicle is prohibited, if the battery is running out, the Renter must end the ride/drive. 10. It is forbidden to carry heavy weight with the Moped. The Moped can carry a maximum of 180 kilograms including the Renter. 11. Full material and non-material responsibility for any kind of damage incurred in case of violation of the prohibitions rests with the Renter. 12. Scroll is obliged to provide information about the Renter to any administrative body upon request. 13. Cancelation of the account; 1. The Renter is entitled to terminate the Rental Agreement by terminating the use of the Service. 2. The Renter should contact Scrollin order to cancel the account. 3. Scroll makes the decision to cancel the account based on the Renter’s account balance. 4. In case the Renter has a negative balance and the monetary liability is indicated in the App (cost of the rent, penalty, fine), the account cannot be canceled until the liability is fully paid. 5. After covering the negative balance, Scroll is entitled to cancel the account within one week. 6. In case the Renter fails to fulfill any obligations, statements and warranties under the Agreement, Scroll is entitled to suspend or cancel authorized account of the Renter, restrict Renter’s access to the electric vehicles. 14. Pausing the ride/drive; 1. The Renter is obliged to park the electric vehicle only in the Ending zones allowed by Tbilisi City Hall. 2. Ending zones are marked on a map posted on the website and in the App. 3. The Renter must consider other passengers while ending the ride/drive and must not interfere with the drivers of other vehicles, pedestrians, Scroll or moped. 4. In case the Renter parks the electric vehicle with violation of the parking rules, the penalty will be imposed on the Renter for the parking in the Ending zone in violation of the rules. The information on penalty is available on the website. 5. The Renter has the option to activate the pausing mode and temporarily pause the ride/drive of the electric vehicle. The Renter’s booking is active in the pausing mode; however, while using the moped the trunk is locked and the moped alarm is activated. To continue the journey, the Renter chooses to continue the ride/drive. 6. The Renter must obey parking rules in case of pausing the ride/drive of electric vehicle. In case the Renter incorrectly parks the electric vehicle in pausing mode, the penalty will be imposed on the Renter. The information on the penalty is available on the website. 7. For violation of any parking rule, the Renter is subject to the fines under the Code of Administrative Offences by the police.
15. Communication; 1. The Renter communicates with Scroll using the chat in the App or contact us via Scroll e-mail – care@scroll.eco 2. Notifications sent to the Renter are deemed as delivered and are mutually binding from the moment the message is sent. 3. The Renter must indicate valid contact information in the App. In the event of a change of contact information, the Renter should reflect the change in the App. Otherwise, the information provided in the App will be considered valid. 16. Validity of the agreement; The Rental Agreement is considered concluded from the moment of registration in the App and is valid for an indefinite period. 17. Rates of rental; 1. The cost of renting the electric vehicle is calculated according to the duration of the ride. 2. The price of the rent is calculated for the moment of pressing the end of the ride button and covers the period from the ride activation to its end. 3. The Renter may use the electric vehicle in accordance with the prices indicated in Scroll App, that may include ride/drive start fee and price of the rental. Detailed information on the rental prices is available in App. The Renter is obliged to review prices specified in the rental app, before renting the Moped. 4. Rates of rental could be changed over time. When the rental price changes, information about the changed rates will be posted in the application. 5. Scroll is authorized to offer promo codes and service packages to the Renters. 18. Rules of Payment; 1. The Renter pays the price of the rent upon the completion of the ride/drive. The price of the rent is deducted from the card indicated in the App by the Renter after the end of the ride/drive. 2. By entering the card details in the App, the Renter authorizes Scrollto deduct any payments incurred by the Renter under this Agreement due to violation of the Agreement or violation of the legislation of Georgia from the card. Payments include fines imposed by Scroll as well as fines imposed by state authorities. Consent to this Agreement should be considered as consent to deduct fines, for which Scroll does not need an additional agreement with the Renter. 3. In case the amount cannot be deducted from the card indicated in the App, the relevant payments will be recorded on the negative balance in the Renter’s account and will be automatically deducted when the new card details are indicated. The Renter with a negative balance will not be able to activate the electric vehicle. 4. Scroll is authorized to repeat a charge that has not been successfully completed using all payment methods specified in the App. 5. If the Renter does not agree to the payment proceeded by Scroll, the Renter is entitled to contact Scroll via e-mail within 10 working days of such charge. The Renter must indicate the claim in such request. Scroll will review the request within 14 days and then notify the position in writing. 19. Availability of electric vehicles; 1. Scroll is not responsible for the compatibility of the Renter’s mobile device and the App. 2. The Renter is obliged to make sure before the ride/drive that the electric vehicle has sufficient battery and the Renter will be able to return to the Ending zone. 3. The Renter sees available electric vehicles through the App. 4. The Renter is obliged to activate and book the electric vehicle when the Renter intends to rent it. 5. The Renter is authorized to use electric vehicles that are not booked or activated by other Renters. 6. Scroll has access to the location of the electric vehicles in order to determine its location, safety, inspection and control. 7. Scroll is authorized, on sole discretion to suspend the Renter’s access to the App. 8. The Renter agrees to the fact that electric vehicles may not be available 24 hours a day, 7 days a week and 365 days a year. The number of electric vehiles is limited, they are located in specific places and their availability is not always guaranteed. 9. In order to register in the App, to start or end the ride/drive, it is necessary to have an active internet connection. The Renter himself/herself is responsible for the constant availability of the Internet and the costs incurred by the use of the Internet. Scroll does not take responsibility for cases where the ride/drive was disrupted due to inaccessibility of internet, as well as due to malfunction of mobile device or an empty battery. The Renter is responsible for all such expenses. Scroll is entitled to charge the Renter the actual cost of the rent in the event of such a delay until the actual end of the ride/drive. 20. Accidents; 1. The Renter must inform Scroll and police in case of any road accident, accident, damage, theft, loss, regardless of whether the damage is visible visually or whether the electric vehicle is moving. It is prohibited to continue the ride/drive after such incident. 2. In the event of an accident, the Renter is obliged to immediately inform the police about the incident. Also, contact Scroll, follow any instructions given by them and not to leave the place of the accident and the Moped carelessly. If the Renter breaches this obligation, Scroll is entitled to claim damages occured from the Renter. 3. If the same authorized Renter caused damage to the electric vehicle three or more times, Scroll is entitiled to terminate the access of the Renter to the account and to request compensation for any damages occurred. 4. The Renter must inform Scroll about any light or substantial damage of the electric vehicle. The Renter is obliged to stop the ride/drive and park in a safe place. In case the Renter avoids notification of the damage, he/she will be fined. The information on the penalty is available on the website. 21. Termination of the agreement; 1. Scroll is entitled at any time, unilaterally, voluntarily, without the consent of the Renter, terminate the Renter’s access to the App at sole discretion, the Renter may terminate the use of the App at any time and delete the App. 2. In case of non-fulfillment of obligations under the agreement or legislation by the Renter, Scroll is entitled to terminate the agreement. 3. The Renter is entitled to terminate the Agreement by revoking the authorization in the App. The Renter must apply to Scroll, pay negative balance indicated in the account. 4. Scroll is entitled to terminate the Agreement at any time by notification. This does not limit Scroll to demand fulfillment of all existing obligations as of the date of termination. 22. Personal information; 1. The App collects personal information of the Renter. 2. During downloading, registration and verification procedures of the App, the Renter agrees that Scroll will receive, process and store the personal data. 3. The App processes the following personal data: – Telephone number; – E-mail; – Name, surname; – Personal number; – Driving license (is processed by the partner company identomat) – Information about the location of the electric vehicle; The confidential information specified by the Renter during registration is protected by Scroll itself. 4. Consent expressed in Scroll App is defined as written consent to the right to process personal information. 5. You may find and review the privacy policy on personal data processing in the documents uploaded on the website – privacy policy. 6. The Renter declares his consent to the sharing of personal data by Scroll to WiFisher, who provides him with a code in the form of sms, with which the Renter then registers in the Scroll application. 7. The Renter, by agreeing to the rental agreement, also declares his/her consent that confidential information of a personal nature may be transferred to the Ministry of Internal Affairs of Georgia without additional consent of the Renter, if necessary. The sharing of the user’s personal data may be necessary in the cases provided for by the current legislation of Georgia, for the purpose of crime detection, investigation or crime prevention. 8. The Renter has the right to request the consent given by him to the processing of personal data. Upon such request by the Renter, Scroll will automatically cancel the Renter’s personal account within 10 business days. 23. Direct communication 1. Based on the user’s interests, through direct marketing, in order to provide advertising materials, services interesting to the user, to improve the quality of products, services and services, Scroll uses the user’s personal information, in particular, name and e-mail address. with postal address/phone number. 2. Scroll is authorized to share personal information with any third party in the cases provided for by the current legislation of Georgia, 3. For direct communication purposes, the user gives consent by active action. 4. The user has the opportunity to withdraw from Scroll his consent to direct communication at any time. In turn, Scroll will stop direct communication to the user within a reasonable period of time after receiving the call off request, but no later than 7 (seven) business days. 5. The user’s consent to direct communication is revoked in the personal account on the Scroll website in the following way: – In the user’s personal account, there is a ,,switch on/off’’button, through which the user will be able to give consent/refusal to the processing of information for direct communication purposes, receiving SMS and email messages about news and offers. – Scroll is obliged to record and store the time and fact of giving consent and withdrawal of consent by the user for the duration of direct communication for 1 (one) year after the termination of direct communication. – A user’s request to stop direct communication does not oblige Scroll to stop providing information about updates and changes. 24. Responsibilities; 1. The Renter is liable for any penalties and material damage, which will onset when the driver’s license of the Renter is not valid/active while using the electric vehicle. 2. The Renter is responsible for any kind of penalty, material damage, which occurs when the Renter drives the electric vehicle while not sober (under the influence of alcohol or narcotic/psychoactive substances). 3. The Renter is liable for any penalties, material damage that will occur as a result of violation of traffic rules. 4. The Renter is liable for any grievances, claims, lawsuits, losses, costs, fines related to a stolen or lost electric vehicle. 5. The Renter is aware of and agrees that Scroll is authorized to cooperate with law enforcement authorities, the Insurer and, at their written or verbal request, provide information about the Renter indicated in the App, which may be requested by law enforcement. The transmission of such information does not require additional consent of the Renter. 6. The Renter is liable for any damages incurred, including the damage caused by an unauthorized person, as well as any damages incurred by the Renter and by his/her participation. 7. The renter is responsible for any kind of fine, material damage, which will be caused by the Renter’s transfer of the Scroll electric vehicle to a third party. Term of payment of fines: Renter must pay any fine within 30 days. 25. Exclusion of liability; 1. The Renter is not responsible for the normal wear and tear of the electric vehicle; 2. Scroll is not responsible for the compatibility of the App with mobile devices. Scroll is exempt from any liability in case it is impossible to complete the ride/drive due to the expiration of the mobile phone battery, the malfunction of the Internet connection. The Renter is fully responsible to ensure compatibility and charged battery of his/her mobile phone to activate the electric vehicle and complete the ride/drive. Scroll is entitled to charge the Renter all costs, including the price of rent, before the actual end of the ride/drive. 3. Scroll is not responsible for the condition of the roads in the operational zone, nor does Scroll guarantee that the electric vehicle’s movement routes will always be safe. Roads can become dangerous due to weather conditions, traffic, limited visibility and other additional conditions. 4. The Renter agrees to fully release Scroll (Scroll employees and contractors) of liability, to protect it from third party claims and to prevent damages, to protect them from grievances, lawsuits which may be caused by negligence, breach of agreement, breach of warranty. A claim includes any claim, injury, claim, liability, subject matter of dispute, claim obligation, debt, penalty, expense, damage (including personal injury, death, damage to health and property). 5. The Renter is always solely responsible for the safe operation of the electric vehicles. 26. Lost and stolen electric vehicles; 1. The electric vehicle will be considered lost or stolen if: – The Renter has not returned the electric vehicle to the operating zone within 24 hours; – GPS system is off; – Other circumstances that give rise to a reasonable suspicion that the electric vehicle is under unauthorized use; 2. The Renter of the activated electric vehicle is responsible for the loss or theft of it. If Scroll has a reasonable suspicion that the electric vehicle has been stolen, Scroll is empowered to apply all measures it deems appropriate. Including to return the electric vehicle, apply to law enforcement, seek appropriate compensation for damages, and impose a fine on the Renter. 3. Scroll is authorized to perform any action permitted by law to eliminate theft and loss, including notifying the police, calling the police, reporting, initiating a case and providing information to the police. 4. The Renter is obliged to immediately notify Scroll about the disappearance or theft of the electric vehicle. The Renter confirms that the data generated in the Scroll App is credible evidence of electric vehicle use by the Renter. 27. Disputes and applicable law; 1. Any dispute arising out of the Rental Agreement or the App Service shall be settled by negotiation. 2. The Renter is entitled to address Scroll by e-mail, provide information about the request, express the claim. The parties will make every effort to resolve any dispute and conclude the negotiations with a result acceptable to both parties. 3. In case of failure to reach an agreement, claim should be submitted to Tbilisi City Court, applicable law shall be law of Georgia. 28. Amendment of the agreement; 1. Scroll is entitled to amend this Rental Agreement unilaterally. 2. By the activation of the electric vehicle Renter confirms that he/she has read and agrees to the amendments of the Agreement. 29. Force Majeure; 1. Both parties to the agreement are exempted from liability for non-fulfillment of obligations for the duration of force majeure circumstances, if the non-fulfillment was caused by an insurmountable force of extraordinary nature (force majeure). Force majeure is a circumstance which was impossible to foresee in advance by the parties and due to the existence of which it becomes impossible to fulfill the obligations. 2. Natural disasters, war, civil riot, strike, lockout, mass riot, terrorist act, hostilities, state of emergency, epidemic, pandemic, economic embargo, legal acts issued by the executive and legislature can be considered as force majeure. 3. Force majeure must be confirmed by the competent authority. Such confirmation is not mandatory if the force majeure is well-known fact. 4. In the event of the occurrence of force majeure, the party who fails to fulfill the obligations under the agreement is obliged to immediately notify the other party. In case the force majeure lasts for more than 1 month, the parties can change the agreement or terminate it. 5. As soon as the force majeure circumstances are eliminated, the parties continue to fulfill their obligations under the agreement.
30. Term of payment of fines The renter is obliged to pay any kind of fines imposed by Scroll and/or the relevant administrative authorities no later than 30 calendar days after the occurrence of the fact.
31. General Provisions. The Agreement is written in Georgian. An English version is also available on the website. In case of any discrepancies between the translations, the Georgian version shall prevail. |
Scroll Rental Agreement, Waiver of Liability and Release (BIRD APP)
Effective Date: July 23, 2024
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of Your use of any of the Scroll Services (defined below) provided by LLC Mercury, Scroll (“Scroll”), Scroll requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Scroll Rental Agreement, Waiver of Liability and Release (“Agreement”).
The services provided by Scroll include, among other things, (1) Bird mobile application (“Bird App”) and related website, (2) Bird Electric Vehicles (“Vehicle” or “Vehicles”), and (3) all other related equipment, personnel, services, applications, websites, and information provided or made available by Scroll (collectively, the “Scroll Services”).
In addition to the Terms of Service, located at https://www.bird.co/terms, You expressly agreed to when you signed up for Bird, You should CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a partial list of some of the terms that Scroll wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
- THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW
- You agree that Bird Rides Europe B.V or any its affiliates are not parties of this agreement and during any accident or claim you act solely against Scroll.
- You must end your ride on the Bird App at the conclusion of the ride. If you fail to do so, You will continue to be charged. The maximum charge for a single trip under such circumstances is GEL 100 for 24 hours. For more details, please refer to Section 2.3 below.
- Upon conclusion of Your ride, the Vehicle must not be parked at a prohibited parking spot, i.e. unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved non-public space.
- All applicable laws and regulations (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.
- You must promptly report any damaged or malfunctioning Vehicles to Scroll via the Bird App or e-mail – hello@scroll.eco.
Scroll expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in GEL.
- GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider is Sole User. Scroll and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.
1.2 Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old.
1.3 Rider is a Competent Vehicle Operator. Rider represents and certifies that he/she is familiar with the operation of the Vehicle, is reasonably competent and physically fit to ride the Vehicle, and has reviewed the safety materials provided in the Bird App and/or Scroll’s website. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Scroll. Rider agrees that the Vehicle and any Scroll equipment attached thereto, at all times, remain the exclusive property of Scroll. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Scroll equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Scroll equipment, for any advertising or other commercial purpose without the express written permission of Scroll.
1.5 Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented during operating hours and within the maximum rental time limits set forth below. The number of Vehicles are limited and Vehicle availability is never guaranteed. Rider agrees that Scroll may require Rider to return a Vehicle at any time.
1.6 Operating Area. Rider agrees not to use, operate, and/or ride the Vehicle in any no-ride zone and further agrees not to transport the Vehicle outside of permitted service areas.
1.7 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the Scroll Services.
1.8 Prohibited Acts. Rider agrees to the following:
- Scroll recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the Vehicle. If You choose to use such an item, You do so at your own peril; Scroll recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.
- You must not place any objects on the handlebar of the Vehicle, such as backpacks or bags.
- While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.
- You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
- You must not carry a second person or child on a Vehicle.
- You may only use locking mechanisms provided by Scroll. You may not add another lock to the Vehicle or lock a Vehicle other than in accordance with Scroll’s instructions.
- The Vehicle must not be parked at a prohibited parking spot. The Vehicle cannot be parked on unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.
- The Vehicle must be parked in a space that is visible, and in an upright position using the kickstand.
1.9 Vehicle is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
1.10 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle – 100 kg.
1.11 No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Scroll Services other than as specified in this Agreement.
1.12 Reporting of Damage or Crashes; Traffic Violations and Enforcement. Rider must report any accident, crash, damage, personal injury traffic violation, or stolen or lost Vehicle to the Police and Scroll as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.
- YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT
Rider agrees that traffic violations and related citations, fines or impound charges are at the risk and expense of the Rider, including in connection with improper or unauthorized parking at the end of the rental period.
Rider agrees and acknowledges that Scroll may cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.
1.13 Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle to Scroll in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.
1.14 Electric Vehicle. The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
- The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
- The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
- The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
- It is Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
- The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.
- The Vehicle may run out of charging power and cease to operate at any time during Rider’s rental of the Vehicle, including before reaching Rider’s desired destination.
1.15 No Charging of Vehicle. If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement.
Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to Rider charging or attempting to charge the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Scroll and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.
1.16 Mobile Device Requirements and Active Internet Connection. Unless otherwise instructed by Scroll in writing, to activate Scroll Services with the Bird App, You must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the Bird App. Certain functions of the Bird App, such as the possibility to register with Scroll, to unlock, rent and end the rental of the Vehicle require that the Bird App has an active network connection. You are responsible for the availability and costs of Your mobile data communication services. You are also responsible for ensuring that Your mobile device has adequate battery capacity. Scroll shall not be responsible if You are unable to unlock, use or end the ride of the Vehicle as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and Scroll may charge You all costs (including rental fees) incurred until the ride is ended.
- PAYMENT AND FEES.
2.1 Fees. Rider may use the Vehicle in accordance with the pricing described in the Bird App, which may include a ride start fee, fees based on distance or time (with time rounded up to the nearest minute), and/or a required minimum fee. Pricing is subject to change. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Scroll. Scroll will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement, including any recurring payment you choose.
2.2 Referral and/or Promotional Codes.
Scroll may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Scroll Services or other features or benefits provided by Bird, subject to any additional terms that Bird establishes. 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, unless expressly permitted by Bird; (iii) may be disabled by Bird at any time for any reason without liability to Bird; (iv) may only be used pursuant to the specific terms that Bird establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. Bird reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Bird determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
2.3 Maximum Rental Time and Charges. The maximum rental time is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of renting a Vehicle. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of the length of any elapsed ride time. The maximum day charge is Gel 100 and is based on a calendar day. After return of the Vehicle, Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less.
Rental time will be calculated from the moment of unlocking the Scroll through the Bird App until the Rider receives the confirmation through the Bird App that the ride has been ended. If You end the ride incorrectly, this may result in the Ride not being terminated. If the ride is not ended properly, the Ride will continue and the Rider will continue to be charged. If you have technical issues terminating a ride for any reason, You should report this to Scroll through the Bird App immediately. Failure to report an issue in terminating a ride may result in continued charges.
Vehicles not returned (with the ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to the value of the Vehicle plus administrative and processing fees. Scroll may also charge additional service fees for rentals in excess of 24 hours where the Vehicle is not lost or stolen.
2.4 Valid Payment Method. To be registered to use the Scroll Services, Rider must provide Scroll with a valid credit, debit card and expiration date or other valid payment method information. Rider represents and warrants to Scroll that Rider is authorized to use any credit, debit or prepaid card or other payment method information Rider furnishes to Scroll. By providing your payment method, You agree that Scroll is authorized to charge You for your ride and any other fees incurred by Rider under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.
When you provide a payment method or in accordance with Scroll policies, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
Rider agrees that Scroll may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on Rider’s behalf directly to the appropriate authority or applicable party. If Scroll is required to pay and/or process such fees or associated costs, Rider agrees that Scroll may charge You for the amount Scroll pays plus a reasonable administration charge for dealing with these matters; Scroll will provide notice of any such costs or fees.
In the event Scroll uses a third party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines and/or penalties, Rider agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
If Rider disputes any charge on Rider’s payment method, then Rider must contact Scroll within 10 business days from the end of the month with the disputed charge, and provide to Scroll all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. Rider agrees to immediately inform Scroll of all changes relating to the payment method.
If You have agreed to make automatic or recurring payments, such payments will continue until you cancel or your account is terminated. You can cancel by following the instructions on the Bird App. If you cancel, You may use any remaining balance on your account but may not be able to continue using Scroll Services until you have reauthorized an applicable payment method. Scroll may continue to charge your payment method for any additional fees or charges incurred under this Agreement.
2.5 Pick Up Fees. If You are unable to return a Vehicle to a valid area (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by Scroll staff, Scroll, at its sole discretion, may charge You a pick-up fee. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle. Fees are subject to change.
- ADDITIONAL TERMS OF USE.
3.1 Safety Check. Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert Scroll of any problems.
3.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours, (b) the Vehicle’s GPS unit is disabled, (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) the Vehicle moves more than 50 meters after a rental has ended and Scroll believes such movement was not caused by another Rider or authorized third party, or (e) other facts and circumstances that suggest to Scroll in its reasonable, good faith determination that a Vehicle has been lost or stolen. Scroll and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to Scroll in its reasonable, good faith determination. If Scroll deems a Vehicle lost or stolen, Scroll shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by Scroll computer is conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft to Scroll immediately or as soon as possible.
3.3 Helmets; Safety. Scroll recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Scroll and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Scroll Services, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3.4 Vehicle Routes. Rider agrees that Scroll does not provide or maintain places to ride Vehicles, and that Scroll does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.
3.5 Limitations on Vehicle Rental. Rider agrees that Scroll is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Scroll provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
- Termination.At any time and from time to time, and without Rider’s consent, Scroll may unilaterally terminate Rider’s right to use the Scroll Services, in Scroll sole discretion and without any notice or cause. Rider may terminate Rider’s use of the Scroll Services at any time; provided, however, that (i) no refund will be provided by Scroll, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Scroll Services, regardless of how the Agreement is terminated.
- Confidentiality of Information; Privacy Policies.You understand and agree that all personal information that is held by Bird and pertains to Riders, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Bird in accordance with its privacy policy located at http://www.bird.co/privacy/
- License to Image and Likeness.For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Scroll and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Scroll Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Bird and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Scroll Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Scroll may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
- Notice.Scroll may be contacted by emailing hello@scroll.ecoor by mail at Kostava Street 14, Tbilisi, Georgia, 0107
- Choice of Law; Dispute Resolution.This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Georgia. excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the Georgia and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Tbilisi, Georgia.
- Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1 Initial Dispute Resolution. Rider Support is available via the Bird App to address any concerns you may have regarding your use of a Vehicle and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
9.2 Binding Arbitration
If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Scroll will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
9.3 Location. The arbitration will take place in Tbilisi, Georgia or a mutually agreed upon location.
9.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Scroll AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.5 Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
9.6 Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: LLC Mercury, A. Gobronidze street, Mukhiani, Old Radio factory, 0172. The notice must be sent within 30 days of the effective date or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Scroll also will not be bound by them.
9.7 Changes to this Section
Scroll will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.
For any dispute not subject to arbitration you and Scroll agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Tbilisi Georgia.
- Waiver and Severability.No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
- Cumulative Remedies.All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
- Final Agreement; Modification by Scroll.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. At any time and from time to time, and without Rider’s consent, Scroll may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Scroll Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Scroll will post a notification on the Website. The pricing set forth on the Website or Bird App supersedes all pricing set forth in this Agreement.
- Contract Interpretation.The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
- Voluntary Execution of this Agreement.This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Scroll. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
- RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Rider being allowed to use Scroll Services, Vehicles, and other equipment or related information provided by Scroll, Rider agrees to fully release, indemnify, and hold harmless Scroll and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which Rider utilizes Scroll Services, and every property owner or operator with whom Scroll has contracted to operate Scroll Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider’s use of the Scroll Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims.
You are aware and agree that Bird Rides Europe B.V. or any its affiliate company is not party to this agreement and you act solely against Scroll in case of any accident or claim.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Scroll Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Rider’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Rider’s use of any of the Scroll Services, Vehicles, or related equipment, Scroll and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Scroll Services, Vehicles, and related equipment are provided “as is” and “as available,” and Rider relies on them at Rider’s own risk.
Rider is aware that Rider’s use of any of the Scroll Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- vehicles and other objects;
- pedestrians;
- traffic;
- Vehicle or component malfunction;
- road conditions;
- weather conditions;
- failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;
- commission of any of the prohibited acts listed in Section 1.8;
- failure to perform the required safety check pursuant to Section 3.1;
- failure to wear a helmet where required by law; and
- negligent acts or omissions by Scroll, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Scroll, the Released Parties, any Municipality or any other party. Rider hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of Scroll Services, and expressly waives Rider’s rights under any statutes that purport to preserve Rider’s unknown claims.