Terms Of Service
Effective: January 28, 2019
PLEASE READ THIS AGREEMENT CAREFULLY AS IT SETS OUT THE LEGALLY BINDING TERMS AND CONDITIONS YOU AGREE TO COMPLY WITH WHEN USING SERVICES PROVIDED BY RIDEHOOP LTD ("Hoop"). BY USING ANY OF HOOP'S SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THIS AGREEMENT.
"Activate" means unlocking a Vehicle in compliance with this Agreement at the start of a Rental Period;
"Agreement" means the Terms and Conditions of Use set out herein;
"Application" means the Hoop mobile application;
"Charges" means Penalty Charges and Pick Up Charges collectively;
"Deactivate" means locking a Vehicle in compliance with this Agreement at the end of a Rental Period;
"Fees" means Rental Fees and Subscription Fees collectively;
"Hoop" means RideHoop Ltd (a company registered in Finland with business registration number 2936682-3) and all of its wholly owned subsidiaries, including Hoop Mobility FZE;
"Hoop Stops" means the designated Vehicle parking areas as displayed on the Application map from time-to-time;
"Maximum Rental Period" means the maximum time-period for which a Vehicle may be rented, which is a 24-hour period from Activation of a Vehicle;
"Operational Areas" means the areas designated on the Application map in which Vehicles are made available to rent and may be operated;
"Penalty Charge" means a charge of AED 500.00 per 24-hour time-period payable where the Maximum Rental Period has been exceeded. This charge is subject to change without notice at Hoop's sole discretion;
"Pick Up Charge" means a charge of AED 750.00 payable where a Vehicle has been Deactivated in a location that is non-compliant with clause 2.8(g) below. This charge is subject to change without notice at Hoop's sole discretion;
"Promo Codes" means promotions, discounts or offers made available by Hoop from time-to-time;
"Rental Fee" means the total fee payable by a Registered User for a Rental Period;
"Rental Period" means the period of time between a Registered User Activating and Deactivating a Vehicle;
"Registered User" means an individual customer that has duly registered via Hoop's Website or the Application to use Hoop's Services;
"RTA" means the Dubai Road and Transport Authority;
"Services" means Hoop's Vehicles, Website and Application, together with any other related digital services, equipment services, customer support services and information made available to Registered Users by Hoop;
"Subscription" means a periodic subscription to use Hoop's Services, as made available by Hoop from time-to-time in its sole discretion;
"Subscription Fee" means the fee payable by a Registered User for a Subscription;
"Vehicle" means an electronic scooter owned by Hoop which may be made available for a Registered User to rent from time-to-time;
"Website" means the Hoop website found at domain name: ridehoop.com
"You"/"Your" means a Registered User of Hoop's Services.
2 Renting and using the service
2.1 You are a Registered User of Hoop's Services
You acknowledge and represent that You are (and at all relevant times shall be) a Registered User of Hoop's Services and are solely responsible for compliance with all terms and conditions in this Agreement. When You activate a Vehicle, the Vehicle must be used only by You. You must not allow any third party to use a Vehicle that You have activated.
2.2 You are at least 18 Years Old.
You represent and certify that You are at least 18 years old. No person under the age of 18 years old may use Hoop's Services.
2.3 You and the Vehicle are in Good Shape
(a) Prior to each use of a Vehicle You represent and certify that You are familiar with the operation of the Vehicle, and are reasonably competent and physically able to ride the Vehicle. You are solely responsible for determining Your physical condition and general ability to use the Vehicle. If You are subject to or otherwise experiencing any permanent or temporary physical or mental impairment (including but not limited to being under the influence of any medication, alcohol or drugs) that could affect Your ability to safely operate a Vehicle or if You are in any doubt You should seek an opinion from a suitable medical practitioner and/or refrain from operating a Vehicle. You assume all responsibilities and risks for any ill-health or injuries caused, or medical conditions exacerbated, as a result of You operating a Vehicle.
(b) You are solely responsible for determining the weather conditions, including (without limitation) rain, fog, snow, wind, hail, ice, heat, sand storms or electrical storms or any other factor(s) that may increase the risk of operating a Vehicle. You must adjust, adapt and calculate Your speed, riding behavior and braking distance in light of adverse weather, traffic, proximity to pedestrians and/or any other relevant circumstances.
(c) You must conduct a basic safety check of the Vehicle prior to operation, including an inspection of the Vehicles wheels, brakes, lights, frame, battery level, visual damage and any unusual or excessive wear of any kind. You must not operate a Vehicle if there are any noticeable issues, and You shall immediately notify Hoop in accordance with clause 6 below.
2.4 Vehicles and Services are the Exclusive Property of Hoop
You acknowledge and agree that the Vehicle and any equipment attached to the Vehicle by Hoop remain the exclusive property of Hoop at all times. You acknowledge and agree that the Application, Website and any other Hoop materials including (without limitation) all associated intellectual property rights remain the exclusive property of Hoop at all times and You may not use any of Hoop's property for any commercial or other purposes without Hoop's express prior written consent.
2.5 Availability of the Services
You acknowledge and agree that Vehicles may not be available 24 hours per day, 7 days per week, 365 days per year. You acknowledge and agree that the number of Vehicles are limited and that Vehicle availability at any given time is not guaranteed.
2.6 Operational Areas
You acknowledge and agree that the Vehicles can only be used within the Operational Areas designated on the Application map. Operational Areas are subject to change and may vary over time and between seasons without notice in Hoop's sole discretion. You must not use the Vehicle in any area where its usage is prohibited by Hoop or any third party, including relevant areas within the Operational Areas.
2.7 Compliance with Local Laws and Regulations
You must comply with all relevant laws, rules, regulations and restrictions howsoever pertaining to operating or parking a Vehicle and using any of Hoop's other Services, including, but not limited to, any relevant RTA laws, rules, regulations and restrictions. You acknowledge and represent that You are solely responsible and liable for any violation of any relevant laws, rules, regulations and restrictions whilst operating a Vehicle or otherwise using Hoop's Services.
2.8 Restrictions, Limitations and Safety Measures
a) You must not operate a Vehicle whilst under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to operate a Vehicle safely.
b) You must not carry a second person, a person under 21 years of age or any animal on the Vehicle.
c) You should avoid riding a Vehicle on the sidewalk or road, or in any manner that will cause a nuisance or danger to pedestrians (who have right of way at all times), bicycles, cars or other sidewalk/road users.
d) While riding a Vehicle, You must not use any electronic device including, but not limited to, mobile phones, portable music players, or any other devices that may distract You from safely operating the Vehicle.
e) You must not carry, push, tow or otherwise transport (directly or indirectly) any heavy objects, imbalanced loads or hazardous substances or materials that might impede Your ability to safely operate a Vehicle, including, but not limited to, heavy backpacks, bags or other packages.
f) The Vehicle must be parked in an easily visible, lawful parking spot that does not cause an obstruction to the general public. The Vehicle must be parked on a sidewalk in an upright position using the kickstand. The Vehicle must not be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You must not add another lock to the Vehicle or lock the Vehicle to anything. Failure to comply with these requirements may result in You being charged a Pick Up Charge in accordance with clause 3.5 below.
g) You must not exceed the maximum weight limit of 100kg (220 lbs) when operating the Vehicle. The maximum weight shall include all bags and any other items carried by You while operating the Vehicle.
h) You acknowledge and agree the Vehicles are for individual recreational use only and You must not use the Vehicle for any commercial or professional purposes or for any sort of racing, competition, stunt riding or trick riding. You must not operate and/or use the Vehicle on unpaved roads, through water, mountainous terrain or in any location that is prohibited, illegal, dangerous and/or a nuisance to others.
Hoop strongly advises You to wear a ECE, DOT or Snell (or equivalent) certified helmet that is appropriate for use whilst operating the Vehicle and which has been properly sized, fitted and fastened according to the manufacturer's instruction at all times when operating the Vehicle, whether required by law or not. Hoop also strongly advises You to wear any other protection equipment as You see fit, for example wrist and knee pads. Hoop does not represent or warrant the quality or safety characteristics of any helmet or other safety equipment and You must make all appropriate enquiries and take all appropriate precautions in this regard.
2.9 Unauthorised Use
You must not tamper with, attempt to gain unauthorized access to any of Hoop's Services or otherwise act in a manner that does not comply with this Agreement. For the avoidance of doubt, you may not alter, adjust or modify any aspect of a Vehicle, nor may You obscure, cover or apply any materials (including but not limited to paint, branding, logos or other marks) that may interfere with the branding, design, image or overall look of a Vehicle.
2.10 Reporting of Damage and/or Incidents
You must report any accident, crash, damage or personal injury (either to You or a third party's person or property) resulting wholly or in part from Your use of a Vehicle, or the loss/theft of a Vehicle, to Hoop as as soon as practically possible. You must also file a report with the Dubai Police as soon as practically possible.
2.11 Responsibility for Vehicle Use and Damage
You must return the Vehicle to Hoop in the same condition in which it was rented to You (fair wear and tear excepted). You agree that You will be responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, and/or disbursements of any kind related to Your use of a Vehicle, Your failure to comply with the terms of this Agreement or the loss/theft of a Vehicle as a result of Your actions/omissions.
2.12 Electric Vehicle
You acknowledge and accept that each Vehicle is electrically powered and requires periodic charging or replacement of its battery in order to operate. You must use and operate a Vehicle safely and prudently in light of it being electric and the limitations and requirements associated therewith. In particular, You acknowledge and agree to each of the following:
a) The level of charge power remaining in the Vehicle will decrease with use of the Vehicle, and 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.
b) The level of charge power in the Vehicle at the time You activate it, is not guaranteed and will vary with each rental.
c) The decrease rate of the battery during the use of a Vehicle is not guaranteed to be uniform and will vary based on the Vehicle, road conditions, weather conditions, and various other factors.
d) You are responsible for checking the level of charge power of the Vehicle and to ensure that it is adequate before Activating it.
e) Hoop does not guarantee the distance and/or time that You will be able to operate the Vehicle for before it loses power completely. The Vehicle may run out of charge power and cease to operate at any time during Your rental, including before reaching Your desired destination.
3 Payments and Fees
You may use Hoop's Vehicles on a pay per ride basis, a Subscription basis (subject to availability) or as otherwise specified in the Application. In each case, Fees and other Charges may be subject to applicable any applicable sales taxes (such as VAT) and other local government charges, which shall be charged to You and collected by Hoop. Hoop will charge Your valid payment method (see clause 3.5 below) for the amount of the Fees as described in this Agreement or in the Application. Hoop may offer a number of Subscription plans from time-to-time in its sole discretion, including special promotional Subscriptions with differing conditions and limitations. Hoop reserves the right to amend, suspend or terminate any offered Subscription plans at any time in its sole discretion.
3.2 Hoop Stops
You may receive a discount when parking and Deactivating a Vehicle in a Hoop Stop. However, Hoop does not guarantee any discounts when You park inside a Hoop Stop area and Hoop reserves the right to amend, suspend or terminate any discounts related to Hoop Stops at any time without notice in its sole discretion. Hoop also reserves the right to modify, relocate or remove any Hoop Stops at any time without notice in its sole discretion.
3.3 Promo Codes
Promo Codes can only be redeemed via the Application. Hoop reserves the right to modify or cancel Promo Codes at any time without notice in its sole discretion. Promo Codes shall be limited to one redemption per Registered User and may not be combined with any other offers or discounts. Promo Codes are non-transferable and may not be resold or refunded.
3.4 Charges and Maximum Rental Period
a) You must Deactivate a Vehicle within the Maximum Rental Period (a 24 hour period). You will then be able to Activate any Vehicle again. You are solely responsible for being aware of any elapsed time related to a Rental Period. If Your rental of a Vehicle exceeds the Maximum Rental Period You will be liable to pay a Penalty Charge for each 24 hour period in which the Vehicle is not Deactivated, plus the applicable Rental Fees for any incomplete 24 hour period.
b) Vehicles not Deactivated within 48 hours of Activation will be considered lost or stolen, and Hoop reserves the right to charge You up to AED 2,500.00 and file a police report against You at any point following the expiry of this 48 hour period.
c) After Deactivating a Vehicle, You will be charged the accumulated Rental Fees for the Rental Period (plus any applicable Charges)
3.5 Payment Methods
You must input a valid payment method before Your registration to use the Services will be accepted. Valid payment methods shall be (a) an active credit or debit card, or (b) any other payment method authorised by Hoop from time-to-time in its sole discretion. You agree to immediately inform Hoop of any changes relating to Your payment method. You represent and warrant to Hoop that You are properly authorised to use any payment methods that You provide to Hoop and that Your payment method will at all times have sufficient funds in order to pay for any Rental Fees or Charges that You may occur from time-to-time. You authorize Hoop to charge the payment method for all Fees and Charges incurred in connection with Your account's use of Hoop's Services. All Fees and Charges are subject to any applicable sales taxes (such as VAT) and other local government charges, which shall be charged to You and collected by Hoop. If You dispute any charge You must contact Hoop within one (1) month of the date of the disputed charge and provide to Hoop all information that is necessary to investigate the disputed charge, such as the date of the trip and the Activation and Deactivation times. Hoop will then conduct an investigation into the matter and revert to You within a reasonable timeframe.
3.6 Pick Up Charge
If You abandon or Deactivate a Vehicle in a location that does not comply with clause 2.8(g), Hoop reserves the right to charge You a Pick-Up Charge in connection with Hoop recovering the Vehicle and Deactivating it in a permitted location. You will be remain responsible for all relevant Rental Fees and Charges until the Vehicle is Deactivated in a permitted location.
Your Subscription will commence on the date Your payment for a Subscription is received by Hoop. Your Subscription will continue in full force for the length of the purchased Subscription term (if applicable) or on a month-to-month term until such time as You cancel the Subscription. In the event that You cancel a Subscription in the middle of Your Subscription term, You will not be entitled to receive a refund for any unused portion of the Subscription term.
a) Hoop will have the right, upon notice to You, to immediately terminate Your Subscription (if applicable) and/or suspend Your access to Hoop's Services and/or terminate this Agreement and/or terminate Your Registered User account, if: (a) You fail to pay Hoop any amount due under this Agreement; and/or (b) You breach any term or condition of this Agreement. In such circumstances, You will not be entitled to receive a refund for any unused portion of Your Subscription term (if applicable).
b) Hoop shall also have the right to terminate Your Subscription and/or suspend Your access to Hoop's Services and/or terminate this Agreement and/or terminate Your Registered User account for any reason upon thirty (30) days' written notice to You. In such circumstances, You will be entitled to receive a refund for any unused portion of Your Subscription term, subject to the following paragraph.
c) The termination of Your Subscription and/or this Agreement and/or Your Registered User Account shall not terminate, affect or impair any rights, obligations, or other liabilities of any Party thereunder which may accrue prior to such termination, or which, under the terms thereof, shall continue after termination.
Your Subscription to the Service will automatically renew at the end of Your Subscription term continuously and indefinitely until You cancel Your Subscription, or Your Registered User account is suspended or terminated pursuant to this Agreement. The relevant Subscription Fee will be charged to Your designated payment method automatically at the beginning of Your Subscription term, and at the beginning of each renewal Subscription term thereafter on the calendar day corresponding to the commencement of Your initial Subscription term. The Subscription Fee charged to Your payment method may vary from one Subscription term to the next due to changes in Your Subscription and/or applicable taxes, and You acknowledge and agree that Hoop may charge Your payment method for the relevant Subscription Fee that reflects such variations. Once Your Subscription Fee has been paid, You will be entitled to all privileges included in the Subscription until the Subscription is cancelled by You or Your Registered User account is suspended or terminated pursuant to this Agreement. The renewal Subscription term will be the same length as Your initial Subscription term unless otherwise notified at the time of renewal. Hoop reserves the right to change the Subscription Fees at any time in its sole discretion. In the event of a Subscription Fee change, Hoop will publish the new Subscription Fees on the Website/Application. You acknowledge and agree that Hoop may change the pricing for Your Subscription and any Services offered in Your Subscription by providing You with written notice in advance by email to the address registered to Your account. If You do not wish to accept a Subscription Fee change, You may cancel Your Subscription in writing prior to the relevant renewal date, failing which You will be deemed to have consented to the revised Subscription Fees and acknowledge and agree that Hoop may charge the revised Subscription Fees for subsequent renewals to Your payment method.
If You have any queries or complaints in relation to this Agreement or the Services provided by Hoop, You may contact Hoop at the following email address firstname.lastname@example.org. Hoop will endeavour to respond within 30 days.
7 Notices and disputes
Any and all notices and/or disputes regarding this Agreement shall be in writing and sent to the contact address specified in clause 6 above.
8 Governing law and settlement of disputes
You acknowledge and agree that this Agreement shall be governed by and constructed, construed, performed and enforced in all respect in accordance with the UAE Federal Laws as applied in the Emirate of Dubai and the laws of Dubai, without giving effect to the principles of conflicts of laws of choice of law provisions Any disputes arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof shall be submitted to the exclusive jurisdiction of the courts of Dubai.
9 Disclaimers, limited liability and assumption of risk
Hoop provides the Services with no warranties whatsoever as regards to the Services or the condition of the Vehicles. You acknowledge and agree that You are solely responsible for the safe operation of the Vehicles at all times. All Services, Vehicles, and related equipment are provided on an "as is" and "as available basis," and You use them entirely at Your own risk. You acknowledge and agree that the Vehicles are electric machines that may malfunction, even if a Vehicle is properly maintained, and that such malfunction may cause injury to You and/or others. You agree that riding the Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You agree that mitigating such risks, dangers, and hazards is Your sole responsibility, including, but not limited to, wearing protective equipment (including a helmet), inspecting each Vehicle before use and taking extra precautions or refraining from using a Vehicle in adverse weather conditions. You agree that if Your use of any of the Services causes any injury or damage to You or another person or property, then You will be solely liable for all resulting injuries, damages, and related costs. By choosing to operate the Vehicle, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that Hoops is not responsible for any injury, damage, or cost caused by You with respect to any person or property, including to You and the Vehicle itself.
9.2 Limited Liability
You acknowledge and agree, to the maximum extent permitted by relevant laws, that Hoop is not responsible or liable for any claim that arise out of or relate to Your use of, or inability to use the Services, Your breach of any term of this Agreement, or Your violation of any relevant law, rule or regulation while using the Services.
You will indemnify and hold Hoop harmless from and against any and all actions, claims, demands, losses, damages, liabilities, fines and expenses (including reasonable legal expenses) made against Hoop resulting from or arising out of (a) Your use of the Services, or (b) any breach or alleged by You of any terms of this Agreement.
10 Entire Agreement, modification by Hoop
You acknowledge and agree that this Agreement contains the complete, final, and exclusive integrated agreement between Hoop and You with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. Hoop may unilaterally amend, modify, or change this Agreement, in its sole discretion at any time and from time to time, and without Your consent. Such changes will be published on the Application. You must therefore carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. By continuing to use any of the Hoop Services after publication any amendment, modification, or change has been published on the Application, You have agreed to be bound by all such amendments, modifications, and changes. The pricing in respect of Fees and Charges set forth on the Application supersedes all pricing set forth in this Agreement and on the Website
If any provision of this Agreement (or part of any provision) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected or impaired as a result of that omission.
12 Contract Interpretation
You acknowledge that the headings in this Agreement do not affect the interpretation of this Agreement. The term "or" is not intended to be exclusive in its meaning. The term "including" means "including, but not limited to."
13 Legal effect
You acknowledge that You voluntarily read this Agreement, understand the terms and consequences of this Agreement, are fully aware of the legal and binding effect of this Agreement and have voluntarily agreed to enter into it. You acknowledge and agree that by using any of Hoop's Services, you voluntarily agree to be bound by the terms and conditions of this Agreement.