Qride Terms of Service
Last updated: 24 September 2021
The following Terms of Service (“Terms”) constitute an agreement between you as a User and Quality Ride Sweden AB (reg. 559234-6570) (“Qride”) a company incorporated under the laws of Sweden.
These Terms govern the use of the Service and shall apply to all Users using it.
“App” means the mobile application Qride, available on Android and iOS.
“Electric Vehicle” means the electric scooters and other electric vehicles from time to time available via the Service.
“User” means the individual using the Service.
“Service” means the service for Electric Vehicle short time rental we provide to you via the App in accordance with the Terms.
“Terms” means these Terms of Service, applicable to all Users use of the Service.
“we”, “us” and “our” means Qride.
“you” and “your” means the User.
“Zone” means the geographical zones where Electric Vehicles are available for pick-up and parking, as shown within the App and as amended from time to time
2. ACCEPTANCE OF TERMS
2.1 Prior to using any part of the Service, you must have read, understood, and accepted the Terms. By checking the “I accept” box during account sign-up, you agree to strictly adhere to the Terms and to be legally bound to the Terms in relation to us.
2.2 If you are under 18 years old, or under the legal age in your country of residence, you may not use the Service.
2.3 If you do not agree to the Terms or any updated version of it, you are not eligible to use the Service.
2.4 You can access the latest version of these Terms at any time on our website, www.qride.bike, or in the App.
3. ACCOUNT CREATION
3.1 You need to create an account in order to get access to the Service. You create your account by downloading the App and register for an account.
3.2 You are responsible for providing accurate, current, and complete information in connection with your registration. You acknowledge that the account details provided by you are true and correct and that, when necessary, you will update your account details so that they remain true and correct.
3.3 Your account is for your own use. You may not authorize others to use your account or allow others to rent an Electric Vehicle or otherwise use the Service through your account. You may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of the password to your account.
4. THE SERVICE
4.1 The purpose of the Service is to provide the possibility to rent Electric Vehicles.
4.2 Electric Vehicles are only available within the Zone. The availability of Electric Vehicles varies over time. Generally, Electric Vehicles are not available during the night.
4.3 You may start a rental of available Electrical Vehicle and end the rental within the Zone via the App. You are not allowed to end rentals outside of the Zone.
4.4 The Service is only provided for private use. Commercial use is prohibited.
5. USE OF AN ELECTRIC VEHICLE
5.1 When using an Electric Vehicle via the Service, you must always follow the rules described in these Terms and in the Service as well as any applicable guidelines. Further, you may only use the Service in accordance with applicable law, rules, and regulation, including all traffic rules and regulations, and other rules and regulations applicable to the use of Electric Vehicles in the location where you are using the Service. You may not use the Service, including Electric Vehicles, in a way that causes you, us, or any third-party harm, or damage to property.
5.2 If you are unsure on your ability to drive an Electric Vehicle in a safe manner based on the current conditions, traffic, weather, your skills, the status of the Electric Vehicle or any other relevant factor, do not use the Service nor drive an Electric Vehicle.
5.3 You are not allowed to use an Electric Vehicle nor the Service if you are under 18 years old. You must not allow any other person under the age of 18 to use an Electric Vehicle via your account. When driving an Electric Vehicle, we strongly recommend you use an appropriate and undamaged helmet of the correct size.
5.4 You are only allowed to use the Service if and when you are fit to drive an Electric Vehicle in a safe and careful manner, including that you have the ability to be attentive to traffic, pedestrians and your surroundings. You shall keep your focus on the driving, for example by not using your mobile phone or any other device. You may not use the Service if you are unwell, intoxicated, under the influence of drugs or medication, or any other reason that may affect your attention and ability to drive an Electric Vehicle in a safe and careful manner. You shall at all times adapt the speed, driving and your behaviour to the braking distance, traffic situation and other relevant factors.
5.5 Only one person per Electric Vehicle is allowed. This means that you are not allowed to bring passengers. The maximum weight allowed for the driver is 100 kilograms.
5.6 You may not bring excessive luggage, furniture, animals, bulky items, any other item that will occupy one or both your hands, may be dangerous or can cause harm to you, other people, the environment, your surroundings or cause an accident.
5.7 Prior to using an Electric Vehicle, you must check that the Electric Vehicle is in functional and safe condition, including the lights, wheels, frame, and breaks. If any part of the Electric Vehicle is not working as intended or you suspect that the Electric Vehicle may be broken, stop immediately and do not use that Electric Vehicle. Please report the problem to us without undue delay.
5.8 Electric Vehicles shall only be used in safe and appropriate weather. Do not use an Electric Vehicle in heavy rain, fog, snow, ice, hail, other slippery conditions, storm winds or any other weather that may be unsafe.
5.9 You must handle the Electric Vehicle with great care and not cause any damage to it. You may not change or damage any markings on the Electric Vehicle. The Electric Vehicle shall only be driven in a careful manner on suitable roads. You may not use an Electric Vehicle for racing, stunts, or any other form of reckless driving. When driving, keep a safe distance from dangers and obstacles, such as construction sites, docks, quaysides, streams, lakes, forests, bumps, and holes.
6. PARKING OF AN ELECTRIC VEHICLE
6.1 You must end all rentals within the Zone. Prior to ending a rental, you must park the Electric Vehicle in a suitable spot, such as a designated parking spot for electrical scooters or bicycles or on a sidewalk directly alongside a wall. The Electric Vehicle shall be parked using its stand in an upright position.
6.2 Parking of an Electric Vehicle is not allowed:
(i) outside of the Zone,
(ii) in a spot where the Electric Vehicle may be in the way of or otherwise hinder pedestrians, bicyclists, other electric scooter drivers, cars, or other traffic,
(iii) in close proximity to doors, stairs, ramps, zebra crossings, entrances, bus stops, escalators or other similar facilities,
(iv) where parking is forbidden or it is otherwise against local traffic regulations to park,
(v) on private property,
(vi) in areas that require a code or key to enter, where access is restricted and all other areas not generally available to the public,
(vii) underground or indoors,
(viii) on roads, other infrastructure and facilities not made for parking,
(ix) in spots where the Electric Vehicle may be damaged or cause an accident, and/or
(x) in any other spots not suitable for parking.
6.3 We may ask you in the App to submit a photo of the parked Electric Vehicle, to ensure that you have parked it in accordance with the Terms.
6.4 If you park an Electric Vehicle in breach of the parking regulations stated herein, you will be charged SEK 500. If the actual fees and costs for us relating to your incorrect parking of an Electric Vehicle is higher, we will charge such higher amount.
7. ACCIDENTS, LOSS, DAMAGE, THEFT OR ABANDONMENT
7.1 In case of an accident with an Electric Vehicle, you shall assess the damages and take appropriate measures, for example to assist any injured person. If deemed necessary, call emergency services. In case of damage to property (including the Electric Vehicle) or third-party injury, we may require you to file a police report regarding the incident.
7.2 You shall report any accident, crash, or other similar event to us as soon as possible under the circumstance. You shall provide us with photos, video, a description of the accident, and a police report in applicable cases, to the extent possible.
7.3 If an Electric Vehicle is lost, damaged, stolen, used by an unauthorized person, or otherwise used in a harmful way, you shall report this to us as soon as possible. You shall provide us with photos, video, a description of the accident, and a police report in applicable cases, to the extent possible.
7.4 You are responsible for the Electric Vehicle, including any damage, accidents, and other incidents during the rental period. In case of damage to the Electric Vehicle, you will be charged SEK 500. If the fees and costs for us to repair the Electric Vehicle is higher, we will charge such higher amount. In case of extensive damages, damages beyond repair, loss, or theft, we will charge you the cost to replace the Electric Vehicle or SEK 5,000, whichever is higher.
7.5 If you abandon an Electric Vehicle, for example by not ending the rental in the Zone or not ending the rental at all, you will be charged SEK 500. If the cost for us in retrieving the abandoned Electric Vehicle is higher, we will charge such higher amount.
8. FEES AND PAYMENT
8.1 The fee for renting an Electric Vehicle is – as updated from time to time – shown in the App. If nothing on the contrary is shown in the App at the start of your rental, a fixed starting fee and a fee per minute is applied to each rental.
8.2 You may choose the payment methods available in the App. If you use a credit card, the details will be saved for future rentals. All fees from use of the Service via your account will be deducted from the payment method selected. You may change your payment method as instructed in the App.
8.3 In case payment is unsuccessful, we may try to deduct the payment later or in conjunction with your next rental. We may charge you a late interest fee in accordance with Swedish law. If payment is not settled, we may at our sole discretion suspend or remove your access to the Service until the payment has been made.
9. CONSUMER RIGHTS
9.1 The Terms do not exclude, limit, or otherwise restrict the rights vested with consumers under applicable consumer law and shall not be construed as such.
9.2 Consumers in the EU have a statutory right of withdrawal in accordance with applicable EU law. However, a rental of an Electrical Vehicle will be carried out immediately after you have started the rental and the Service provided is vehicle rental. If you as a consumer start a rental within the Service, you acknowledge and expressly agree that you will lose your right of withdrawal as soon as the rental is fulfilled.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All copyrights, trademarks, and other intellectual property rights (registered and unregistered) in and to the Service, including Qride, are reserved by us and/or third parties. Nothing in the Terms grant you a right or license to use any trademark, copyright or other intellectual property right owned or controlled by us, unless explicitly granted herein.
10.2 You may not use, copy or transfer the App, or parts thereof, other than as permitted under the Terms. You may under no circumstance alter, develop, or create additions to the App.
10.3 You may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code of the App.
10.4 You may not alter or remove any proprietary notices from the App regarding patents, copyright, trademark, or other intellectual property.
11. USE RIGHTS
11.1 In order for us to facilitate the Service, you grant us the right to use the processor, bandwidth, storage, location service, camera, screen, microphone, accelerator and vibrate function on your device, as well as send you push notifications.
11.2 You further agree that we and our business partners may provide advertisement and other information to you through the App and the Service.
11.3 Upon account registration and acceptance of the Terms, we grant you a non-exclusive, limited license to use and copy the App onto your device(s) in accordance with the Terms and any applicable Apple App Store or Google Play Store Terms and Conditions, for as long as you have a valid account with us.
11.4 Except as expressly granted in the Terms, you shall have no other rights to the App. All rights not expressly granted are reserved and retained by us.
12. DURATION AND TERMINATION
12.1 These Terms will take effect when you register your account and is valid until further notice. You may terminate your account at any time, thus ending your right to use the Service. The Terms will apply until your account has been closed. Information on how to close your account can be found on our website or in the App.
12.2 We reserve the right to, in our sole discretion, terminate your account and your right to use the Service without any liability economically or otherwise in relation to you.
14. NO WARRANTY
14.1 THE SERVICE, THE APP, AND ANY ELECTRIC VEHICLE ARE PROVIDED "AS IS" AND "AS AVAILABLE”.
14.2 WE DO NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICE AND ANY ELECTRIC VEHICLE. WE DO NOT WARRANT THE FUNCTION, SPEED AND BATTERY LEVEL OF ANY ELECTRIC VEHICLE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE. WE DO NOT WARRANT THAT YOUR USE THE SERVICE WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
15. LIMITATION OF LIABILITY
15.1 WE ARE LIABLE TOWARDS YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR WILLFUL MISCONDUCT. HOWEVER, WE WILL ONLY BE HELD RESPONSIBLE FOR FORSEEABLE DIRECT LOSS OR DAMAGE. YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO SEK 10,000. WE EXPRESSLY EXCLUDE ALL LIABILITY TO ANY THIRD PARTY.
15.2 OTHER THAN AS DESCRIBED IN SECTION 15.1 ABOVE AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE AND ELECTRIC VEHICLES.
16.1 We may, at our own discretion and at any time, alter, modify, correct, amend and make all other changes to the Service, as well as remove access to or terminate the Service, without prior notice or any liability to you.
16.2 We reserve the right to modify the Terms at any time in our sole discretion. We will notify you by e-mail 30 days in advance of any adverse changes taking effect. Your continued use of the Service after such notification constitutes your agreement to the updated Terms.
16.3 We reserve the right to, without prior notice and without compensation, remove any content, such as Views, that we find obscene, containing inappropriate material and/or in any other way could violate the Terms, applicable laws and regulations and/or may infringe someone else’s intellectual property rights.
16.4 You are not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from us, if not explicitly allowed to under the Terms.
16.5 We have the right, without prior obtaining of approval, to assign the Terms to another company in the same company group as Qride, or a third party in connection with a transfer of all or substantially all of Qride's assets.
16.6 If any part, term, or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of us to enforce our rights under the Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE TERMINATION OF THE TERMS.
16.7 The Terms constitute the entire agreement between you and us on all issues to which the Terms relate. However, if you have a separate agreement with us regarding the Service, the terms of such an agreement shall prevail over these Terms in case of contradictions.
17. LAW AND VENUE
17.1 The Terms shall be construed in accordance with and governed by the laws of Sweden, without regard to its conflict of law provisions. Any dispute, claim or breach arising out of this Agreement shall be settled by the courts of Sweden, with the district court of Stockholm (Stockholms tingsrätt) as the court of first instance.
17.2 If you are a consumer, you may submit your claim for online resolution via the European Commission Online Dispute Resolution solution: https://webgate.ec.europa.eu/odr/.
18. CONTACT INFORMATION
18.1 If you have any questions regarding the Terms, or any question, complaint or claim, please contact us at:
Quality Ride Sweden AB, reg. no. 559234-6570
Address: ÖSTRA LÅNGGATAN 83, 619 30 Trosa