2.  PAYMENT AND FEES

2.1 Fees; Generally. User may use the Vehicles on a pay per ride basis or as otherwise in accordance with the pricing described in the Hive App or on the website. By registering and creating your account in order to benefit from the Services, the User may choose the method of payment according to the instructions that will appear on the screen. Hive will send a confirmation of the registration to the User by email (Registration Confirmation). Please be aware that when We process Your Card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your Card company if You have questions.

The User shall verify and correct any errors in payment until such time as he submits this payment to Hive, clicking on Pay or otherwise agreeing with the obligation to pay for the Vehicles or to subscribe them. To all associated costs VAT is applicable. Hive will charge Your credit card or debit card (collectively designated as “Card”) or other agreed payment methods the amount of the fees as described in this Agreement. Upon payment, the User will receive confirmation of the order by e-mail sent by Hive as soon as the agreement between the User and Hive is entered into (Confirmation).

2.2 Payment of usage. By confirming a payment after a ride, the User agrees to pay the fee charged for the respective trip. The fees for using Hive’s services can be found in the Hive App and on the website. Hive reserves the right to change, at any time, the amount of the pay per ride, publicizing the new pricing of services in Hive App and on the website.  

2.3 Promo codes. Promo codes (“Discounts”) are one-time offers and can only be redeemed via the Hive App. Hive reserves the right to modify or cancel Discounts at any time, by prior information to the User. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts may expire in accordance with their terms and are non-transferable and may not be resold.  

2.4 Maximum Rental Time and Charges. Maximum rental time is 1 hour. User agrees that User will deactivate the Vehicle rental within 1 hour of time that rental of the Vehicle began. User may then rent again. User agrees that User is solely responsible for being aware of any elapsed time related to timely locking any Vehicle. The maximum charge is €25 per each E-bikes, all based on a 1-hour period. After return of the Vehicle, User will be charged the accumulated rental charges, or the maximum 1-hour charge; whichever is less. Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and You may be charged up to €25 for each E-bikes, and a police report may be filed. We may also charge a service fee of €25, for rentals in excess of 24 hours where the Vehicle is not considered lost or stolen.

2.5 Valid credit card or debit card. To be registered to use Hive Services, User must provide Hive a valid credit or debit card number and expiration date. User represents and warrants to Hive that User is authorized to use any cards that User furnishes to Hive. User authorizes Hive to charge the card for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Hive. If User disputes any charge on his/her card account, then User must contact Hive within 30 business days from the disputed charge and provide to Hive 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.  If there has been improper or fraudulent use of the Card, the User will be refunded by its bank of the amounts debited. User agrees to immediately inform Hive of all changes related to the Card. 

2.6 Pick Up fees. If User is unable to return any Vehicle to a Hotspot (i.e., User deactivates a Vehicle on private property, a restricted area, and/or any other unreachable area), and requests that the Vehicle be picked up by Hive, then We, in Our sole and absolute discretion, may charge User a pick-up fee up to 25€. If any Vehicle accessed under Your account is abandoned outside a Hotspot without notice, You will be responsible for all fees until the Vehicle is recovered and deactivated, plus a service charge of up to  €25, to recover the Vehicle.

2.7 No withdrawal. The User accepts and agrees that, as the registration is free, its execution and this Agreement will begin with Your prior and express consent, according to article 17, §1, i) of Decree-Law no. 24 / 2014 of 14 February on consumer rights.

 

3. SAFETY RULES

3.1.  Safety Check. Before each use of any Vehicle, User shall conduct a basic safety inspection of the Vehicle, which includes the verification of the following aspects: (i) calibration of the wheels; (ii) safe operation of all brakes and lights; (iii) any sign of damage, unusual or excessive wear; or (iv) other mechanical problems or maintenance need. User agrees not to ride the Vehicle, if there are any noticeable issues or defects, or other potentially unsafe conditions and, if User is already riding the Vehicle, User must cease riding when it is safe to do so. User agrees to immediately notify Hive Customer Service of any detected problems.

3.2 Lost or stolen Vehicles. 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, or (d) other facts and circumstances that suggest to Hive in its reasonable, good faith determination that a Vehicle has been lost or stolen. User agrees and acknowledges that the last User of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to Hive in its reasonable, good faith determination. If Hive deems a Vehicle lost or stolen, Hive shall have the authority to take any and all actions it deems appropriate (with respect to the last User of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. User agrees the data generated by Hive's computer is conclusive evidence of the period of use of a Vehicle by the User, unless User is able to provide other evidence. User agrees to report Vehicle disappearance or theft to Hive immediately or as soon as possible.

3.3 Helmets; Safety. User accepts and acknowledges that he/she must wear a protective helmet at all times while using any of the Services, Vehicles, and/or related equipment, whether required by law or not. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Vehicle is operated, User assumes full responsibility for complying with such laws and regulations at all times. User must wear a CE mark approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Hive does not make any warranties, representations or promises about the quality, safety or characteristics of any helmet. If User does not strictly comply with the aforementioned requirements, You shall be fully liable for any and all consequences, claims, demands, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or settlements, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and User shall indemnify and hold harmless Hive for the same.  

3.4.  Routes. User agrees that Hive does not provide or maintain places to ride the Vehicles, and that Hive does not guarantee that there will always be a safe place to ride any particular Vehicle. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards or circumstances outside of Hive’s control. Hive shall not be liable for any of the foregoing, without limitation. User is solely responsible for choosing a responsible and safe route. User must obey all laws at all times in choosing a route, and it is User sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which User are using Hive Services and/or Vehicles.

3.5.  Limitations on rental. User agrees that Hive is not a transportation provider. Alternative means of public and private transportation are available to the general public and to User individually. Hive provides the Services and 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 the Vehicles on their own and who have agreed to all terms and conditions of this Agreement.

3.6.  Limitation on the availability of Services. Hive makes every effort to provide the Services 365 days per year, but We do not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Hive from providing the Services. Access to the Services is also conditioned on the availability of Vehicles. Hive does not represent or warrant the availability of any Services or the availability of any Vehicles at any time. User agrees that Hive may require User to return a Vehicle at any time.

 

4.  TERMS APPLICABLE TO THE SERVICES

4.1. Generally. To purchase access and use of the Services, User must be at least eighteen (18) years of age. Prior to the access and/or rental of any Vehicles or Services, User must provide us with a valid credit or debit Card number and associated payment information including all of the following: (i) Your name as it appears on the Card, (ii) Your Card number, (iii) the Card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge Your Card. By submitting that information to us or our third party credit card processor, User agrees that User authorize us and/or our processor to charge his/her Card at our convenience but within thirty (30) days of Card authorization. For any Vehicle that User orders, User agrees to pay the price as established in the Hive App or on the Hive website, as of the time User submits the order. Hive will bill Your Card the applicable price. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations as defined in the App or on the website.  

4.2.  Term of the Agreement. Your Agreement will commence as of the date Your registration for the Services is received and has been confirmed by Hive. Your Agreement will have an unlimited duration.

4.3 Termination by User. User has the right to cancel the Agreement at any time upon notice to Hive. To terminate his/her Agreement: User must open his/her wallet in the Hive App, and click "Manage," then click "Cancel Account." If User terminates the Agreement: (i) all rights granted to the User will cease immediately; (ii) the User shall discontinue any use of the respective Services and / or Vehicles; and / or (iii) You must pay Hive all amounts that are due and unpaid. Upon cancellation, User will lose access to the areas of the Services.

4.4 Termination by Hive. Hive will have the right, upon written notice (the term “written” here and in the following includes e-mail) to You, to terminate this Agreement, and/or suspend Your access to their Services, if: (a) You fail to pay Hive any amount due under this Agreement and/or (b) You materially breach any term or condition of this Agreement.  Hive shall have the right to terminate this Agreement and suspend Your access to the Services with or without cause, upon thirty (30) days written notice to You in which case You will no longer have access to the Services. Upon the expiration or termination of this Agreement for any reason, Your access to, and use of, their Services will terminate.

4.5 Free trials; promotional offerings. We may offer promotional trials to access the Services for free for a limited time or at special discounted prices. If You sign up for a trial, Your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms.

4.6 End of free trial. Once Your free trial ends, the Agreement will continue on the regular terms, i.e. no preferential terms shall apply to the Agreement.

4.7 Modifications of prices or terms of payment. The purchase and / or rental of any Services is subject to availability. The Services identified on the Hive App may not always be available at the location where the User is located, and may be replaced or interrupted at any time. Hive reserves the right at any time to change the applicable prices as well as the methods of payment for the services, subject to the right of cancellation provided in section 4.3.

4.8 Account Registration And security. User understands that he/she will need to create an account to have access to the Services. User will: (a) provide true, accurate, current and complete information as prompted by the Services’ registration page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or Hive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hive has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). User is entirely responsible for the security and confidentiality of his/her password and account. Furthermore, User is entirely responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. User is responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide Your billing, account, content   or use records, and related information under certain circumstances to third parties (such as in response to legal responsibility, litigation, orders, subpoenas, or warrants, or to protect our rights, customers or business, or in some cases, as a result of mandatory data sharing with governments). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information.

5. ADDITIONAL TERMS OF USE

5.1 Access license. Subject to User strict compliance with this Agreement and the Additional Terms, Hive grants User a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content and the Hive App (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless Device, or other Internet enabled Device (each, a “Device”) for User’s personal, non-commercial use only. This license does not include any resale or commercial use of the Services or its contents, any collection and use of any Vehicle listings, descriptions, or prices, any derivative use of the Services or their contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Hive’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Us to You. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Hive’s sole and absolute discretion, and without liability.

5.2 Copyright and ownership. All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), and all software   provided through the Services, is owned by Hive, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, and in particular the software, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content, the Hive software and all related rights shall remain the exclusive property of Hive or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services. The Services, its Content and all related rights shall remain the exclusive property of Hive or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.  

5.3 Trademarks. All trademarks, service marks and trade names of Hive used herein (including but not limited to: Hive name, Hive corporate logo, Hive corporate logo, the Services name, the Services design, and/or any logos) (collectively “Marks”) are trademarks or registered or filed trademarks of Hive or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Hive trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Hive’s prior written consent. You shall not use Hive’s name or any language, pictures or symbols which could, in Hive’s judgment, imply Hive’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

5.4 Solicited submission policy. Where Hive has specifically invited or requested submissions or comments, Hive encourages You to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to Hive that they have created for consideration in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, You expressly grant Hive a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Hive shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.  

5.5 Inappropriate User submissions. Hive does not encourage, and does not seek, User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that You have not and will not engage in any of the foregoing activities in connection with producing Your User Submission. Without limiting the foregoing, You agree that in conjunction with Your submission, You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Hive will reject any User Submissions in which Hive believes, in its sole and absolute discretion, that any such activities have occurred. If notified by You of a submission that allegedly violates any provision of this Agreement, Hive reserves the right to determine, in its sole and absolute discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.

 

5.6 Inappropriate material. You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole and absolute discretion, that You have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, banning You from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.  

5.7 Access and interference. You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures We may use to prevent or restrict access to the Services.

5.8 Right to take down content. Except as disclosed in our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail or content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Hive or the Services; (2) protect and defend the rights or property of Hive, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and Hive shall have no obligation to prescreen any such content. However, We shall have the right in Our sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Agreement access to the Services or any part thereof.  

5.9 User published content. User published content  and User Submissions do not represent the views of Hive or any individual associated with Hive, and We do not control this content. In no event shall You represent or suggest, directly or indirectly, Hive’s endorsement of user published content. Hive does not vouch for the accuracy or credibility of any user published content on our Services or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions You may take as a result of reviewing any such user published content or User Submission. Through Your use of the Services, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive.

5.10 Third Party links. From time to time, the Services may contain links to websites that are not owned, operated or controlled by Hive or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither We nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Services, You do so entirely at Your own risk.  

5.11 Declarations on User Submissions. User represents and warrants that your Submissions and all such related elements are (a) solely and exclusively owned and controlled by You, that You have prior written permission by the rightful owner of the content included in your User Submissions or that the User is, by any other means, entitled to grant Hive all rights inherent to it; and (b) Hive's use of User Submissions as provided herein shall not infringe any copyright, trademark, publicity or other rights of any other person or entity, shall not violate any law, regulation or right of any nature, or that in any way give rise to claims or liability, including, without limitation, rights of publicity and privacy, and defamation. In addition to these, the User will be exclusively responsible for its own User content, as well as for the respective consequences of the sharing or publication thereof.

5.12 Suspension of the Services. Hive may, on a regular basis, with or without prior notice, temporarily suspend the operation of any Service (wholly or in part) for repair or maintenance work or to update or improve any of the components, features or functionality of the Services.

5.13 Force Majeure. Neither Hive nor User shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.

5.14 Law and applicable jurisdiction. This Agreement shall be governed by Portuguese Law. The User expresses his consent to the use of the Portuguese courts for any dispute related to the interpretation, modification or application of this Agreement.

5.15 Settlement of disputes. The User may use an alternative dispute resolution procedure, in case of a complaint related to the interpretation and / or application of this Agreement, pursuant to Law no. 144/2015, of September 8, without prejudice to the use of other means of defense. Any disputes or disputes of consumption, subject to the provisions of article 11 of said Law, may be the object of an amicable resolution through mediation with the platform for online resolution of disputes. In order to submit a dispute to the consumer mediator, you may complete the online dispute settlement form provided under https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

Whatever medium is used to request mediation, the application must include the following elements for quick processing: your postal, electronic and telephone contacts, a summary of the facts and the proof of the previous steps taken.

5.16 Update of Terms. As Hive Services evolve, the terms and conditions under which Hive offers its Services may be changed. Hive undertakes to communicate, whenever possible, any significant changes under the assumption that the User has the option to accept or cancel the Agreement without penalty, in which case, the User must notify Hive that it wishes to cancel its account within six (6) weeks of being notified of the changes. If You do not cancel the Agreement within this term, the User shall be deemed to have accepted the changes.

5.17 Confidentiality of information; Privacy Policy. All personal information maintained by Hive and concerning the User, including names, addresses, phone numbers, e-mail addresses, Card numbers and / or password numbers, will be maintained by Hive in accordance with its Privacy Policy available at www.ridehive.com/privacy.

5.18 Contacts. If you have any questions or comments about this Agreement or the Services, Hive invites you to contact us via the following email ebikeshive@ridehive.com.

 

6.   LIABILITY; ASSUMPTION OF RISK BY USER

6.1 Generally. Nothing in this Agreement shall exclude or limit Hive’s liability before the User for: (a) damages resulting from Hive’s intent or serious fault; (b) fraud or fraudulent misrepresentation of Hive’s employees or agents.

6.2 Liability. If the User incurs damages through the use of the App, Hive will be liable only in case of intent and/or gross negligence. In particular, if the damage is due to incorrect or incomplete information, delays in sending information, or unavailability/malfunctioning of the App, Hive shall be liable only if this damage is caused through intent or gross negligence. Hive is not liable to User for: (i) losses not caused by Hive’s breach of this Agreement; or (ii) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by User and Hive at the time of User accepting this Agreement.

6.2.1 Hive will not be liable for ensuring that any information sent is correct and complete or that it reaches the User in time.

6.2.2 For simple negligence, Hive shall be liable only for violation of an essential contractual obligation and only for typical, foreseeable damages. Essential contractual obligations are those through whose satisfaction the proper performance of the Agreement is possible in the first place and compliance with which the User is as a rule entitled to rely on.

6.2.3 Limitations of liability shall not apply where guarantees are assumed, or to claims under the applicable product liability laws, which the manufacturer shall be fully responsible for.

6.2.4 If the App or the sending of data impairs or damages the User’s hardware or software, Hive will be liable only if this was caused by intent or gross negligence of Hive. Hive will not be liable for loss of the User’s data since it is the latter’s responsibility to ensure that data is backed up.

6.2.5 No liability will be incurred for third-party contents and links to third-party websites on Hive’s website or in the App.

6.2.6 Whilst Hive uses reasonable endeavors to correct any errors, defects, omissions or malfunctions in the Hive Services as soon as practicable once they have been brought to Hive’s attention, Hive does not promise that the Hive Services will be free from errors, defects, omissions or malfunctions.

6.2.7 Hive does not promise that the Hive Services will be available uninterrupted and in a fully operating condition. Access to the Hive Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Hive’s control.

6.2.8 The Hive Services are provided on an ‘as is’ and ‘as available' basis. Hive does not make any representation or make any contractual promises in any way in respect of the Hive Services. Any decisions or action taken by the User on the basis of information provided as part of the Hive Services are at his/her sole discretion and risk. User should obtain individual professional advice where necessary.

6.3 Assumption of risk by User. User accepts and is aware that his/her use of any of the Hive Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to User or other persons, as well as damages to goods. User accepts and is aware and that such risks, dangers, and hazards may not always be predicted or avoided.

6.3.1 Risks, dangers, and hazards, for which the User shall be fully responsible, include, but are not limited to:

• vehicles and other objects;

• pedestrians;

• traffic;

• Vehicle or component malfunction;

• road and road conditions;

• weather conditions;

• failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to sections 1.5 and 1.6;

• 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 and with the conditions required by law; and

• negligent acts or omissions by Hive, Hive’s employees, representatives or agents, User, or third party.

 

6.3.2 User is solely and fully responsible for the safe operation of Vehicle at all times. User agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury and damages. Subject to the rest of this Section 6, User assumes full and complete responsibility for all related risks, dangers, and hazards.

6.4 Compensation. User will be required to compensate Hive in full for all of Hive's losses caused by his/her misuse of the Hive Services, including losses Hive suffers by virtue of someone else bringing a claim against Hive in respect of such misuse. A misuse of the Hive Services will arise namely if User does not comply with the terms set out in this Agreement.

6.5 Notices and User Blocking. If User has violated the rules of use and safety of the Vehicles, causing risks to yourself and to others, Hive may take the following actions, in its sole discretion, with or without notice: (i) notice to the User; (ii) immediate withdrawal of the right to use the Services or Vehicles, on a temporary or permanent basis; (iii) to institute legal proceedings against the User for reimbursement of all losses and damages caused by the violation; and / or (iv) disclosure of all relevant information, which Hive deems appropriate, to the responsible authorities. The actions described below are merely exemplary and Hive may take other measures deemed appropriate.

 

 

7. ACCEPTANCE OF THE AGREEMENT

I confirm that I have expressly read and agree to the terms and conditions of this Agreement, that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

I confirm that I am the User, I am 18 years old or over, I will wear a helmet CE where required by law, I will not ride a Vehicle with another occupant, I will obey all traffic laws, I will be responsible for my ride.