USER AGREEMENT AND TERMS AND CONDITIONS FOR USING THE WER2 SERVICES
This agreement (the “Agreement”) sets forth the legally binding terms and conditions for Your use of the Services provided by Wer Two Scooter Rental W.L.L (“Wer2 or We”). The purpose of this Agreement is to regulate the Services provided by Wer2, which is to offer you (“You”) the use of electrical scooters after You have registered Yourself in the Wer2 App.
In this Agreement, the following words, terms and phrases have the following meaning:
- “Operational Zone” means the areas defined and designated in the Wer2 App in which the Vehicles may be activated, used, temporarily parked and deactivated.
- “Vehicles” means the Wer2 electrical vehicles, such as e-scooters or e-bikes.
- “Services” means the use of the Vehicles, Website, Wer2 App and its related services as described on the Website and in the Wer2 App, and made available through the Website or the Wer2 App, together with any other related equipment services, and information made available by Wer2.
- “Wer2 App” means Wer2 proprietary software applications accessible via computer or mobile device and by which You may access the Vehicle.
- “Website” means the Wer2 website http://wer2.com/
1.1 Parties to the Agreement
You and Wer2 are the sole parties to this Agreement. You are the sole user of the Services and You must not allow any others to use the Vehicle.
1.2 Register account
In order to use the Services, You must register an account in the Wer2 App. You have to follow the instructions given during the registration procedure and provide correct information. Without proper registration You must not use the Services. You may only register one account for You and shall only undertake one registration. You shall make sure that no one else but You makes use of Your registration, particularly with regard to using a Vehicle. If You become aware of the risk that someone else uses Your registration or could use Your registration, for example because Your computer or mobile device by which You may access the Vehicle has been stolen, You shall inform Wer2 as soon as possible in accordance with Section 8. If you allow a third party to use Your registration or a Vehicle, You will be responsible for any and all use and/or misuse of the Services.
1.3 Wer2’s Services
Wer2 shall provide You with the opportunity to use the Wer2 App in order to find, activate, use and deactivate a Vehicle if there is a Vehicle available. Vehicle availability is displayed in the Wer2 App, save in respect of Long Term Rentals, where section 1.11 applies for Vehicle availability. Given the limited number of Vehicles operating, Wer2 does not promise or guarantee that You will always find a Vehicle within a distance convenient to You or that You find a Vehicle at all (see section 1.5 below).
1.4 Your responsibilities and requirements for the use of the Services
You must be at least 18 years of age to use the Services. Operation or use of any Vehicles by any minor is expressly prohibited. If You allow a minor to use a Vehicle by e.g. activating it through Your account, You shall be responsible for any and all use and/or misuse.
You must be physically fit and reasonably competent to use the Vehicle, particularly with regard to taking part in street traffic and complying with traffic rules and regulations.
You are responsible for adapting Your driving to external circumstances and for determining Your general ability, medical condition, weather conditions (including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms) and/or other factors that can generate any risk to You, Your use a Vehicle or others. You have to make Your decision whether and how to use a Vehicle depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate Your speed, riding behaviour and braking distance. Due to the circumstances it might even be advisable to abstain from any use of a Vehicle at all.
You shall conduct a basic safety check of the Vehicle prior to using the Vehicle with a visual check, a check of the battery capacity (see Section 1.5 below) and a check of the functionality of the brakes. You must not use the Vehicle if there are any noticeable issues (such as, amongst other things, visible damage to the Vehicle’s wheels, brakes, lights or frame, issues in relation to the battery level, signs of unusual or excessive wear of any kind or any other visual damage to the Vehicle or any malfunction of the brakes). If You notice any such issues with the Vehicle, You must not use the Vehicle. We would appreciate if You let us know about such issue in accordance with the information in Section 8 below.
A Vehicle is an electric vehicle that requires being handled safely and prudently and in accordance with government regulations and guidelines.
1.5 Availability of the Services.
Vehicles are not available at all times, even within the Operational Zones and, in accordance with section 3.1.2 below, we are not responsible if You are unable to locate an available Vehicle.
Availability of Vehicles may differ within and between different Operational Zones due to high demand.
Access to the Services may be limited or restricted in some Operational Zones if this is necessary for ensuring Your safety or the safety of the Vehicles, for example if there is a demonstration causing traffic problems or if the weather conditions are bad or similar. Please note that Wer2 is entitled to limit or restrict access to Vehicles in its discretion, but is under no obligation to do so, unless such obligations are imposed on Wer2 by police authorities or similar government or regulatory bodies. Section 1.4 remains unaffected. Full access to using a Vehicle may also be limited due to other reasons such as e.g. slow zones (i.e. when the speed is automatically lowered by Us due to speed limits in e.g. pedestrian areas).
The battery level of the Vehicle may affect the availability in accordance with the following:
- The battery level of the relevant Vehicle is set forth in the Wer2 App. It is Your responsibility to check the battery level in the Vehicle to ensure that it is adequate before using the Vehicle.
- The battery level remaining in the Vehicle will decrease with usage of the Vehicle, and operational capabilities and speed may decrease or cease in their entirety as the battery level decreases.
- The decrease rate of the battery level may vary and differ from time to time due to different factors such as the condition of the Vehicle and the battery, weather conditions, road conditions, Your use of the Vehicle and/or factors is beyond Our control. It is therefore not possible to relate a certain battery level to a certain distance the Vehicle may be able to cover. If You are not sure whether the battery level is sufficient for You to reach Your destination You are advised to re-assess the contemplated use of the Vehicle.
1.6 Your Use of the Services
Different Operational Zones. You shall only activate, use, temporarily park and deactivate a Vehicle within an Operational Zone in which the Vehicle has been activated. The correct Operational Zone is displayed in the Wer2 App and must be checked before activating a Vehicle.
Activation, use and temporary parking of Vehicles. In order to use a Vehicle, You must activate a Vehicle through the Wer2 App. You will need internet connectivity to do so, and it is Your responsibility to ensure that Your mobile device by which You may access the Vehicle is working properly and that You have sufficient internet access for use.
After activating the Vehicle, the rental period commences and continues until the Vehicle is deactivated. You may temporarily park the Vehicle at any time through the Wer2 App and are in such cases responsible for reactivating the Vehicle again. The rental period will continue while the Vehicle is temporarily parked. The maximum rental period is 45 minutes after the user unlocks a scooter and the maximum reservation period is 30 minutes.
You agree to use the Vehicle in compliance with all local applicable laws and You will additionally at all times use the Vehicle with respect towards pedestrians, property and traffic, for example by way of (where allowed by local legislation) ride in bicycle lanes and not on sidewalks, keeping walking speed while riding in pedestrian areas etc.
Safety measures when using a Vehicle You have to use the Vehicle in a safe manner and take necessary measures to avoid, amongst other things, accidents and damage to persons and property. Such safety measures include, but are not limited to, the following:
- To not use the Vehicle while carrying any itemsthat might impede Your ability to safely use the Vehicle, including but not limited to, backpacks, bags, briefcases or packages not appropriate in size or weight.
- To only use the Vehicle Yourself. For the avoidance of doubt, You are not permitted to carry a second person, child or animal on the Vehicle.
- To never exceed the maximum weight of 100 kg(kilograms) when using the Vehicle. The maximum weight includes all items carried by You in compliance with this Agreement.
- To not use any mobile device, including but not limited to, telephones, text messaging devices, media players or other device(s) while riding a Vehicle that may distract You or impede You from safely using the Vehicle.
- To not use a Vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely use a Vehicle.
- To wear a helmet of CE-standard, equivalent or a higher standard that has been properly sized, fitted and fastened according to the manufacturer’s instructions and any and all other suitable protective equipment when using the Vehicle.
- To never use the Vehicle for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding.
Parking and deactivation of Vehicles.You are responsible for parking and deactivating the Vehicle when You have completed Your use.
The Vehicle must be parked and deactivated in lawful areas, i.e. the Vehicle cannot be parked or deactivated in any Non-Parking Zone, on private property, in a locked area/non-public space or in conflict with local traffic regulations and/or other legal regulations. Wer2 is entitled to charge You QAR 100 when You have parked and/or deactivated the Vehicle outside of such areas. This amount represents our estimated costs, losses and expenses in retrieving the Vehicle and returning it to an Operational Zone, but Wer2 reserves the right to prove that the damages were actually higher. We will use our reasonable efforts to remind You of the incorrect parking before charging said amount. Where We consider a Vehicle lost or stolen, the terms of section 1.7 will apply.
You shall neither temporarily park nor deactivate a Vehicle where there is an increased risk that the Vehicle may suffer damage. When deactivated and parked, the Vehicle must be in a visible space.
You agree to park the Vehicle in compliance with local applicable laws and regulations and You will additionally at all times park the Vehicle with respect towards pedestrians, property and traffic, for example by way of (where allowed by the local legislation) parking alongside a wall, in connection to a bike stand and to make sure that the Vehicle is standing up in a steady manner.
If You have parked or deactivated the Vehicle in a Non-Parking Zone or otherwise outside of an Operational Zone, You may not be able to reactivate it again.
Proper use of Services You shall return the Vehicle to Wer2 in the same condition in which it was rented and the Vehicle must be fit for immediate usage by other users, given normal wear and tear and with the exclusion of low battery level.
You may never tamper with the Wer2 App or Vehicles in any way and for any reason.
You are responsible and liable for any damages suffered by Wer2 relating to Your use of the Services, where you have not complied with the terms of this Agreement. This includes any indirect losses such as Wer2’s loss of income due to riding without payment, due to tampering of the Vehicle as well as a Vehicle being unfit for Use by other users.
Fair usage of the Services. You shall only use the Services in accordance with, and for the purposes outlined in, this Agreement. You shall only use the Services for Your own consumer purposes. It is not permitted to re-sell or otherwise use the Services for commercial purposes. You shall not use the Services, or let someone else use the Services, for illegal or unethical purposes or in a way that significantly differs from a normal pattern of use.
If You use of the Services in breach of the provisions of the Agreement and/or if Your use of the Service significantly differs from a normal pattern of use Wer2 will notify You. After such notification, You will have 72 hours to remedy your breach. If You have not remedied your breach after 72 hours, Wer2 reserves the right to block Your account or to limit Your usage of the Services. In case of repeated breaches of this provision, Wer2 reserves the right to notify you and block Your account or to limit Your usage of the Services with immediate effect.
1.7 Lost or stolen Vehicle
You are responsible for deactivating and parking a Vehicle within an Operational Zone. You may not in any way lock or hide the Vehicle unless the Vehicle is activated. If You do not deactivate or park a Vehicle within an Operational Zone and within the maximum rental period set forth in Section 1.6 above, You may be responsible for a lost or stolen Vehicle in accordance with the following.
Wer2 is entitled to charge You QAR 100 in the event the Vehicle is considered abandoned, i.e. the maximum rental period of 3 hours has been exceeded and We cannot detect any attempts to lock the Vehicle or requests to end the ride by You. This amount represents our estimated costs, losses and expenses in retrieving the Vehicle and returning it to an Operational Zone, but Wer2 reserves the right to prove that the damages were actually higher.
A Vehicle activated by You may be considered lost or stolen if (i) the Vehicle’s GPS unit is disabled on purpose, (ii) the Vehicle moves after deactivation and Wer2 has reason to believe such movement was not caused by another user or any authorized third party, or (iii) other facts and circumstances implying, in the reasonable opinion of Wer2, that a Vehicle has been lost or stolen.
If Wer2 reasonably deems a Vehicle lost or stolen, Wer2 shall have the authority to take any and all actions appropriate in order to recover the Vehicle or, if that proves to be impossible, to receive compensation for the loss of the Vehicle. This includes, without limitation, involving the local police and a request for information to You or, if You are culpably responsible for the loss, holding You liable for the damage incurred on account of the loss.
1.8 Accidents and other incidents
You must report any accident, crash, damage, personal injury, stolen or lost Vehicle or other similar incidents to Wer2 as soon as possible in accordance with Section 8 below. In cases of accidents, Wer2 would appreciate if You could try to gather evidence, if possible, for example by taking pictures or by identifying possible witnesses, subject to applicable local legislation (including but not limited to data protection legislation).
If an incident involves third party personal injury, property damage, or any other third party damage, You shall report the incident to the local police department as soon as possible. This also applies if the Vehicle is stolen while activated by You. On request by Wer2, and subject to applicable local legislation, You will provide Wer2 with any documents produced by the local police and cooperate with Wer2.
1.9 Compliance with local laws and regulations
In addition to what has been stated above, You agree to at all times use the Services in compliance with any locally applicable laws, regulations and rules. You understand that You are solely responsible and liable for any violation of any laws, regulations and rules in relation to Your use of the Services.
1.10 Indemnification, damages and deactivation of Your account
In addition to what has been stated above, You understand that any fees, fines or other payment imposed on Wer2 or any damages suffered by Wer2 on account of a failure by You to comply with this section 1 shall be compensated by You to Wer2.
We at all times reserve the right to deactivate Your account, if any, where We have reason to believe that You have breached the terms of this section 1.
You acknowledge that You are responsible for Your driving and that You may not claim compensation from Us for damages caused as a result of breach of your obligations under this Agreement.
2. PAYMENT AND CREDITS
2.1 Prices and Fees
Your rent of the Vehicle is on a pay per ride basis in accordance with the current applicable pricing set forth in the Wer2 App.
In each case, the prices, fees and other possible charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Wer2. You should at any rate check prices, fees and other possible charges in the Wer2 App every time before You activate a Vehicle.
Wer2 reserves the right to charge 1 QAR directly from Your credit card when You create Your account or add a new payment method in order to guarantee the registered payment method is valid. This amount will be refunded after authorizing the credit card.
All Prices and all monetary values set forth in this Agreement are in QAR.
2.2 Discounts and promotion codes
Promotion codes (discounts) are one-time offers and can only be redeemed via the Wer2 App. Discounts may be limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold or refunded.
2.3 Payment methods and disputes
You must provide Wer2 with information and details to a valid credit card or debit card or other payment method in order to register to use the Services in the Wer2 App. You confirm that You are authorized to use any credit card or debit card or payment information You provide. You authorize Wer2 to charge the provided credit card, debit card or other agreed payment method the fees described in this Agreement or in the Wer2 App that You have incurred in relation to Your use of the Services.
You agree to inform Wer2 without any undue delay of all changes related to the credit card or debit card which You have provided to Wer2.
Payments to Us may be done through third party payment processors. We are not responsible for the payment process or any charges requested by such third parties.
In order to dispute any fees or charges charged by Wer2, You must contact Wer2 within reasonable time from the date of the disputed charge and provide Wer2 any information Wer2 finds necessary, such as the date of the trip and the approximate starting and ending times. Wer2 ask that You contact Wer2 in accordance with Section 8 below.
2.4 Outstanding Payments
Any outstanding payment of prices for the use of Vehicles by You or any fee charged on the grounds of this Agreement will be made by Us by using the payment method described in Section 2.3. If, however, for such payment cannot be made on account of a reason within Your control (wrong credit card number, change of credit card without notification or similar), Wer2 will inform You and set a period in order to rectify the situation. Until then Wer2 is entitled to suspend any rental of Vehicles. If Wer2 has not received information about a reliable payment method within two weeks, Wer2 may terminate this Agreement and restrict or block Your access to the Services.
2.5 Actual Prices and deactivation of Your account
All fees set forth in this Section 2 and/or indicated in the Wer2 App are subject to change subject to Your right to terminate the Agreement in accordance with Section 6. The price may change during the period of activation to deactivation if You ride during such moments when a different price starts (such as before and after midnight). You have to check the fees applicable in the Wer2 App before activating a Vehicle.
2.6 Discounts and promotion codes
We offer special promotion codes to riders to provide discounts on rides. To apply discount to a trip’s fare, enter the relevant promotion code any time before Your trip begins. In order to be able to use a promotion code, You have to have added a payment method.
Promotion codes are entered into the Wer2 App by way of selecting “Payment” from the menu and then “Redeem Promo Code”.
Wer2 Credits will be used by default, so if You have a free ride on Your account, this will automatically be Your next trip. If a promotion code has an expiration date, it has to be used prior to such date. Codes cannot be extended or renewed.
Wer2 Credits are one-time offers and can only be redeemed via Wer2 App. Wer2 reserves the right to modify or cancel discounts not yet redeemed via the relevant promotion code at any time without notice. Discounts are non-transferable and may not be resold or refunded.
2.7 Share Wer2 and get free rides
You may share Your promotion code with friends and thereby earn free unlocks. You do this by way of sharing your unique promo code in the Wer2 App. You share Your personal invite code by tapping “Send Code” and selecting one of the options available. These options can e.g. be text, email, sharing on social media or copying Your personal invite code.
When a friend completes its first trip with Wer2 after using Your personal invite code, Your account will automatically receive Free Unlock.
Personal invite codes should only be used for personal and non-commercial purposes. This means You can share Your invite link with Your personal connections (i.e. people that You know) via social media as long as You are the primary content owner. Public distribution on sites where You are a contributor but not the primary content owner is not permitted. Promoting Your referral code via search engine marketing (for example, AdWords, Facebook) is also not permitted.
Referred invitation codes are only applicable to an invited user’s first ride and not intended for existing users. Existing users attempting to take advantage of the referral program may have their referral promotions disabled.
2.8 Revoke credits and deactivate accounts
Wer2 reserves the right to suspend rider accounts and revoke referral promotions that violate these terms.
We at all times reserve the right to deactivate Your account where You have not paid or in any other way have breached this section 2.
3. LIMITATION OF LIABILITY AND ASSUMPTION OF RISK; FORCE MAJEURE
3.1 Limitation of liability
3.1.1 Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence or the negligence of our employees, agents or subcontractors, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
3.1.2 We are however not liable for:
(a) any losses that were not foreseeable to you and us when you agreed to this Agreement or when you subsequently used a Vehicle;
(b) any business losses, including without limitation: (i) loss of profit; (ii) loss of business; (iii) loss of business interruption; or (iv) loss of business opportunity.
(c) any loss and/or damage suffered by You as a result of the Your failure to comply with this Agreement or any event outside Wer2’s control (including any distress, inconvenience, anxiety or loss of enjoyment arising from non-availability of the Vehicles or use of the Vehicles in contravention of these terms).
3.2 Force Majeure
Wer2 shall not be liable to You for any failure or delay to comply with its obligations under this Agreement due to any event, circumstance or non-happening outside of its reasonable control including (without limitation), fire, flood, extreme weather, pandemic or epidemic, strikes, lockouts or lack of operating resources or raw materials.
4. PROPERTY AND INTELLECTUAL PROPERTY RIGHTS.
4.1 Rights of Wer2
All text, images, pictures, sound recordings, videos, copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held or used by Wer2 as well as those present in the Wer2 App or on the Website (including titles, graphics, icons, scripts, source codes etc.) are Wer2’s property or its third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without prior written permission.
4.2 Respect for Wer2’s property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any Wer2 material or hardware, source-codes, information, including the Wer2 App, Website and Vehicle, for any purposes. The Wer2 App, Website and Vehicles may only be used for the purposes pursuant to this Agreement.
4.3 Respect for Wer2’s intellectual property
You agree that the Services and other information, including all associated intellectual property rights, provided and made available by Wer2, at all times, remain the exclusive property of Wer2 and You may not in any way use Wer2’s exclusive property for commercial or any other purposes without Wer2’s prior written consent.
6. TERM AND TERMINATION
This Agreement enters into force between You and Wer2 the first time You use the Services provided by Wer2.
Both You and Wer2 may terminate this Agreement at any time, however, any rental still ongoing shall be carried through in accordance with this Agreement. Obligations arising from any breach of contract during the term of this Agreement shall not be affected by its termination.
All disputes relating to this Agreement shall be made in text form to the contact information given in Section 8 below.
Wer2 can be contacted by email at firstname.lastname@example.org
9. ENTIRE AGREEMENT AND MODIFICATIONS
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.
In the event Wer2 seeks to amend the terms of this Agreement, it shall provide you with reasonable prior written notice of such amendments via email or via the Wer2 App. If: (i) You do not object to such amendments within one month of notification the changes; or (ii) you subsequently use the Services following such notification, the proposed amendments shall be deemed to have been accepted by You. Wer2 shall expressly set this out at the time of such notification. The new versions of the Agreement will also be available in the Wer2 App and on the Website.
Earlier versions of this Agreement will not be archived by Wer2. You are therefore recommended to print and save outdated versions of these term.