Effective: November 1, 2018
PLEASE READ THIS ENTIRE AGREEMENT. It is a CONTRACT between you and TukTuk Scooters, and its predecessors, successors, affiliates and subsidiaries ("TukTuk”).
This agreement affects your legal rights!
ANY AND ALL USE OF TukTuk’s PRODUCTS AND SERVICES, INCLUDING ACCESS OF OR USE OF SCOOTERS, OR ACCESS TO THE WEBSITE OR ACCESS TO THE MOBILE APPLICATION, AND/OR ANY PRODUCT OR SERVICE RELATED TO USE OF ITS SCOOTERS, IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT CREATE OR MAINTAIN A TukTuk ACCOUNT, AND CANNOT ACCESS OR USE ANY OF TukTuk’S SERVICES. IN THAT EVENT, YOUR ONLY REMEDY IS TO IMMEDIATEY STOP USING THE SERVICES, THE WEBSITE, OR THE MOBILE APPLICATION.
Please note that section 3 of this agreement limits TukTuk’s liability and disclaim warranties. They affect your legal rights! Please read it carefully.
Please note that Section 4 of this agreement contains an arbitration provision that requires the parties to resolve all disputes on an individual basis, to the fullest extent permitted by law, through final and binding arbitration, unless you opt-out of arbitration as provided below. Section 4 therefore affects your legal rights. Please read it carefully, and ensure that you have taken the time to carefully consider the consequences of agreeing to arbitration, including seeking legal counsel if you so choose.
TukTuk reserves the right, in its sole discretion, to modify these Terms of Service, and any other documents incorporated by reference herein, at any time. If we do, we will notify you of changes and will ask you to accept those new terms by clicking an “I Accept” button. TukTuk will also post any amendments on the Terms pages on our website located at [Link] and/or in our mobile application (the “Mobile Application”), collectively referred to as the “TukTuk Platform.” The date at the top of this Terms of Service Agreement will reflect the most recent amendments. You will be bound by revised terms from the date upon which you accept them by clicking the “I Accept” button. If you do not accept the revised terms within the specified time frame, then you will no longer be allowed to access the TukTuk Platform. If TukTuk modifies any provision of this Agreement other than the Arbitration Provision in Section 4, you will not have a renewed opportunity to opt-out of arbitration. If TukTuk modifies the Arbitration Provision, and you agree to be bound by the modified Agreement, you will have a renewed opportunity to opt-out of arbitration in accordance with the terms set forth in the modified Terms of Agreement.
TukTuk Scooters, together with our predecessors, successors, subsidiaries, affiliates and related entities (hereafter “TukTuk”), provide dockless electric scooters for short-trip transportation (“Scooters”), as well as equipment and services that relate to or concern the rental or use of our Scooters. We do this through our website located at www.tuktukscooters.com and through our mobile application (“App”), which may be available through certain third-party marketplaces. For ease of reference, we refer to the TukTuk website and App, including all of the features or services relating to them, the Scooters and any product or service related to the use of the Scooters that we provide to you as the “TukTuk Services.” TukTukScooters owns all TukTuk Services and you do not, by this Agreement or otherwise, acquire any ownership rights in the Scooters or any other TukTuk Services.
You acknowledge and agree that riding a Scooter and use of the TukTuk Services s is an inherently dangerous activity that involves both obvious and non-obvious risks of physical harm, including the risk of death to you and others, as well as damage to property, and that these types of risks can be unforeseeable and sometimes cannot be avoided. You are solely responsible for any and all injury or damage caused by your use of a Scooter, the TukTuk Services and/or any related equipment or services that are a part of, relate to or concern your use of a Scooter, regardless of whether the injury or damage is caused to Yourself or to others. You therefore assume full and complete responsibility for your use of a TukTuk Scooter or the TukTuk Services and agree that TukTuk is not responsible for any injury, damage, harm or cost that you cause that is related to or arises out of your use of a TukTuk Scooter, the TukTuk Services and/or any equipment or services that are a part of, relate to or concern your use of a Scooter or the TukTuk Services including damage to the Scooter itself.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE TukTuk SERVICES OR ANYTHING THAT RELATES TO OR CONCERNS YOUR USE OF A SCOOTER OR THE TukTuk SERVICES, REMAINS WITH YOU. NEITHER TukTuk NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TukTuk SERVICES, INCLUDING THE SCOOTERS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THIS AGREEMENT; (II) THE USE OF OR INABILITY TO USE THE TukTuk SERVICES AND/OR ANYTHING THAT RELATES TO OR CONCERNS YOUR USE OF A SCOOTER; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE TukTuk SERVICES; (IV) ANY AND ALL USES OF THE TukTuk SERVICES INCLUDING THE WEBSITE, MOBILE APPLICATION, PRODUCTS AND SERVICES (INCLUDING THE SCOOTERS) AND/OR (V) YOUR MISCONDUCT OR NEGLIGENT USE OF THE TukTuk SERVICES INCLUDING THE SCOOTERS, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TukTuk HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL TukTuk’S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH TUKTUK SCOOTERS, THIS AGREEMENT, YOUR USE OF THE TukTuk SERVICES OR ANYTHING RELATING TO OR CONCERNING YOUR USE OF A SCOOTER, EXCEED THE AMOUNTS YOU HAVE PAID TO TukTuk IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TukTuk AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TukTuk’S WEBSITE AND MOBILE APPLICATION, ALL OF THE SERVICES, SCOOTERS AND ANYTHING RELATING TO YOUR USE OF A SCOOTER ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” AND YOU USE THEM SOLELY AT YOUR OWN RISK. TukTuk DOES NOT REPRESENT OR WARRANT THE FUNCTIONALITY OF ANY SCOOTER, ANY TukTuk SERVICE OR THAT ANY SCOOTER OR ANYTHING RELATING TO YOUR USE OF A SCOOTER WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, TukTuk DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES. IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
* RELEASE OF LIABLITY. YOU ARE REQUIRED TO SIGN A SEPARATE “RELEASE OF LIABLITY” AS A CONDITION OF CREATING A TukTuk ACCOUNT AND USING THE TukTuk SERVICES. The Release of Liability is incorporated into this Agreement by this reference as if it were set forth fully herein.
* Indemnification. You agree to indemnify and hold TukTuk, its predecessors, successors, subsidiaries, affiliates, and each of its directors, shareholders, investors, employees and authorized agents harmless from and against all third-party claims arising out of or in any way relating to any injury, illness, death or loss of or damage to property allegedly suffered as a result of your use of the TukTuk Services including the Scooters or anything that relates to or concerns your use of TukTuk Services, including the Scooters.
Definition of “Disputes” That Are Subject to Binding Arbitration. The provisions set forth in this Section 14 govern the process for resolving all “Disputes” between you and TukTuk. For purpose of this Section 14, the term “Dispute” means any dispute, claim, or controversy between you and TukTuk, regardless of when it accrued, that refers to, relates to or in any way involves your use of a Scooter and/or the TukTuk Services regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or on any other legal or equitable theory. “Dispute” also includes a dispute between you and TukTuk regarding the validity, enforceability or scope of this “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT ” section and you expressly agree that any Dispute regarding the enforceability, validity or scope of this “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT ” will be resolved exclusively by the arbitrator and not a court (with the exception of the enforceability of the Class Action Waiver clause below). The term “Dispute” is to be given the broadest possible meaning that will be enforced, encompasses all Disputes regardless of when they accrued and is therefore expressly intended to be retroactive. If you have a Dispute with TukTuk or any of its officers, directors, employees and/or agents that cannot be resolved through negotiation within the time frame set forth in the “Pre-Arbitration Dispute Resolution” process described below, then you and TukTuk agree to seek resolution of the Dispute only through final and binding arbitration of that Dispute in accordance with the terms of this Section. Accordingly, by entering into this Agreement, you are expressly agreeing to arbitrate all Disputes and are affirmatively waiving your right to litigate any Dispute in court, except for those matters listed below in the “Exclusions from Arbitration” clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Agreement to Arbitrate. You and TukTuk agree that with the exception of the Class Waiver in Section 14.9 below, any Dispute as defined above shall be settled by final and binding arbitration (the “Arbitration Agreement”) by JAMS pursuant to its Streamlined Arbitration rules and Procedures and the JAMS Consumer Minimum Standards which are available on JAMS’ website: www.jamsadr.com or by calling JAMS at 1-800-352-5267 and requesting a copy. Note that with the exception of the Class Waiver as set forth below, any issue raised regarding the enforceability, applicability or scope of this Arbitration Agreement is a “Dispute” as defined above and therefore must be resolved by the arbitrator and not a court. Either party may initiate arbitration under JAMS by filling out a form entitled Demand for Arbitration and filing that form with JAMS pursuant to the instructions on their website. The Demand for Arbitration form is available online at www.jamsadr.com. click “ADR Services,” then “ADR Forms” to obtain a copy.
Exceptions to Arbitration Agreement. You and TukTuk Scooters agree that the only claims that are exempt from the final and binding arbitration are: (i) claims related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) claims seeking emergency injunctive relief based on exigent circumstances and (iii) matters that fall within the jurisdiction of the applicable small claims court.
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 14, including its procedural rules. To the extent that any provision of the Federal Arbitration Act conflicts in any way with any California substantive or procedural law, the provisions of the Federal Arbitration Act will control. The arbitration will be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards and/or other JAMS arbitration rules determined to be applicable by JAMS (the “JAMS Rules “) then in effect, except as modified below. The JAMS Rules are available at www.jamsadr.com or by calling JAMS at 1–800–352–5267.
Arbitration Hearing/Location. In order to make the arbitration most convenient to you, TukTuk agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and TukTuk both agree; (d) via phone or video conference; or (e) solely on the submission of documents. Any Demand for Arbitration in which the Claimant demand $75,000 or less shall be a desk arbitration and conducted solely based on the submission of documents to the arbitrator.
Attorney’s Fees and Costs. If you are the claimant and you are able to demonstrate that paying the JAMS filing fee creates a hardship for you, then TukTuk agrees to reimburse you for the cost of filing. TukTuk further agrees to reimburse you for the balance of any initial filing fee required by JAMS in excess of $200 for claims of $75,000 or less, regardless of hardship. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the JAMS Rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, TukTuk agrees that it will not seek, and hereby waives all rights it may have under applicable law or the JAMS Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
Arbitrator’s Decision. The arbitrator is required to follow applicable law in rendering his or her decision. The arbitrator is authorized to award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim when such relief is allowed by law. The arbitrator is not empowered to award any damages prohibited by the parties in this Agreement.
Confidentiality. You and TukTuk Scooters agree that all proceedings before the arbitrator are to be confidential. This confidentiality provision governs all aspects of the arbitration including documents exchanged and submitted, all testimony, all briefing and all communications made between us or between either of us and the arbitrator. The only exception to this paragraph is court filings necessary to confirm an arbitration order.
Jury Trial Waiver. You and TukTuk acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings. You and TukTuk acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative or collective proceeding as to all Disputes. Further, unless you and TukTuk both agree otherwise in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. Notwithstanding any other provision of this Agreement or the JAMS Rules, disputes regarding the revocability, validity or enforceability of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Right to Opt-Out of Binding Arbitration and Class Action Waiver. If You do not wish to be bound by the binding arbitration and class action waiver in this Arbitration Agreement, You must send written notice addressed to the TukTuk Legal Department (Arbitration) within thirty (30) days of the date you accept this Agreement, unless a longer period is required by applicable law. Your written notification must include:
(i) your name
(ii) your address,
(iii) any unique TukTuk Account Identification such as your user name and
(iv) a clear statement that you do not desire to resolve disputes with TukTuk through arbitration. You must send your notification either by physical mail or by email. If by physical mail, you must send to ___________ ATTN : TukTuk Legal/Arbitration. If you send notification via email, you must send itto: firstname.lastname@example.org,and your email must contain the words “Arbitration Opt-Out” in the Subject Line.
Severability. Except for the class action waiver, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. If the class action waiver is found to be illegal or unenforceable, then the entirety of this Section 14 shall be severed from the Agreement.
Modifications to this Arbitration Agreement. If TukTuk changes this Section 14 after the date you last accepted this Agreement (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of TukTuk’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TukTuk in accordance with the provisions of the “Dispute Resolution and Arbitration Charger Agreement” section that was in effect of the as of the date you last accepted these Terms.
Survival. The arbitration agreement contained in this Section 14 will survive the termination of this Agreement and will continue to apply even if you subsequently stop using the TukTuk Services and/or your TukTuk Account is terminated.
TukTuk reserves the right, in its sole discretion, to modify this Agreement and any of its terms, and any other documents incorporated by reference herein, at any time. If we do, we will notify you of changes by posting them on the Terms pages on the TukTuk website; by sending you a message through the TukTuk App; by SMS if you authorize us to do so; or by any other appropriate means. Amendments will become effective the day they are posted for new users, and thirty (30) days after they are posted on the TukTuk Scooters Website for existing account holders. Any use of TukTuk Services after the expiration of the thirty (30) day notice period shall constitute your consent to the changes. If you do not agree to the revised Terms, including as amended from time-to-time, we will be sad to see you go, but your only recourse is to stop using the TukTuk Services.
Access to and use of the TukTuk Services is available only to individuals who are at least 18 years old and who can form legally binding contracts under applicable law. By accessing or using the TukTuk Services, you represent and warrant that you are eligible and have the capacity to enter into contracts.
You understand and agree that you are a user of TukTuk Services, and that you are not a TukTuk employee, joint venturer, partner, or agent. You acknowledge and agree that TukTuk does not control, and has no right to control, you or other third parties with whom you may come into contact while using the TukTuk Services, including but not limited to pedestrians, bikers, other TukTuk Scooter riders, or other vehicles.
Users may access limited parts of the TukTukScooters Services, such as its website, without registering for an account. To access and participate in certain TukTuk Services, however, including without limitation, to renting, unlocking and locking a Scooter, Users must create a password-protected account (a "TukTukScooters Account"). Users may register for a TukTuk Scooters Account using an email address and phone number and creating a secure password, or if we make such features and functionalities available, through certain third-party social networking sites by using existing login credentials and passwords for sites such as Facebook or Google (your "TNS Password"). You agree to provide accurate, current, and complete information during the registration process and at all other times when you use the TukTuk Services. You also agree to update your information at all times to keep it accurate, current, and complete. You are solely responsible for safeguarding your TukTuk password and, if applicable, your TNS Password. You are also solely responsible for all activity that occurs on your TukTuk Account, and you agree to notify TukTuk immediately of any suspected unauthorized use. To the maximum extent allowed by law, TukTuk is not liable for any losses by any party caused by unauthorized use of your TukTuk Account. You also agree that:
(i) you may register for only one account at any point in time,
(ii) TukTuk Accounts may not be transferred to any other person or entity, and
(iii) all rights to your TukTuk Account terminate upon death. Upon receipt of a certified copy of a death certificate, your TukTuk Scooters Account may be terminated and its contents (if any) permanently deleted.
By creating a TukTuk Account, you agree that TukTuk Scooters may send you text (SMS) messages and/or email messages as part of the normal business operation and your use of the TukTuk Services or TukTuk Services. Such uses include, without limitation, to provide you with information you requested from TukTuk Scooters, to let you know about features, functions, improvements or changes to the TukTukScooters Services, or other aspects of your TukTuk Scooters Account. These text (SMS) messages and/or email addresses may be automated or non-automated, and while TukTuk does not charge you to send or receive such messages, other message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages and/or email messages from TukTukScooters at any time by contacting our team at : email@example.com though we may still send you messages that are required for the proper functioning of the TukTuk Services. If you do not wish to receive any messages from TukTuk, you must terminate your TukTuk Account and cease using the TukTuk Services. You acknowledge that opting out of receiving text (SMS) and/or email messages may impact your use of and ability to fully use the TukTuk scooters Services.
Subject to your continuing compliance with these Terms, TukTuk grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the TukTuk Services. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the TukTuk Services or any content contained on the website of App, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TukTuk or its licensors, except for the licenses and rights expressly granted in these Terms.
While using any TukTuk ScootersServices, you agree that you shall not:
By accessing or using the TukTuk Services, including our scooters, you agree that:
You are the only authorized rider. You and TukTuk Scooters are the only parties to this Agreement, and you are therefore are the only authorized rider of a Scooter that is rented through your account. Permitting another person to use any TukTuk Scooter or TukTuk Scooters Services obtained through your account is prohibited and constitutes a material breach of this Agreement. You understand and acknowledge that you alone are responsible for complying with the terms of this Agreement and that you alone are responsible for any damage resulting from the use of any Scooter that is rented through your account and/or the breach of any provision of this Agreement.
You Must Be 18 Years Old. You must be at least 18 years old to use the TukTuk Services or to ride a Scooter. By entering into this Agreement, you represent and certify that you are at least 18 years old.
You Must Use Our App to Use a Scooter. Unless we make our TukTuk Scooters Services available elsewhere, TukTuk’s Services are provided only through the TukTuk App. You must have access to a mobile device that is compatible with our App. and the Scooters in order to use the TukTuk Scooters Services. You are responsible for obtaining, at your own expense, such mobile device and all other equipment and services needed to access the TukTukScooters Services. You understand and agree that your wireless carrier may charge certain fees (including fees for data, text messaging, and other wireless access or communications services). TukTuk does not guarantee that the Mobile App can be accessed through all mobile devices or service plans or in all geographic locations. If you have questions about accessing TukTuk Scooters or the TukTuk ScootersServices via a non-smart phone option, please contact us at : firstname.lastname@example.org
You Must Operate the Scooter Safely. You represent and warrant that you have sufficient knowledge to operate a Scooter safely and that you are physically capable of operating an electric scooter safely without any risk to the health and safety of Yourself or others. By choosing to operate a Scooter, you assume all responsibility and risk for all medical conditions that may interfere with your safe operation of a Scooter and and/or all risk of injuries to Yourself or others. You agree as a condition of accessing TukTuk Scooters and the TukTuk Services to confirm that you have viewed and agree to all of the TukTuk training materials, including other portions of the TukTuk Services.
You Must Abide By All Applicable Laws. You represent and warrant that you are familiar with all laws applicable to operating a Scooter, including helmet, traffic laws and other laws, and that you will fully comply with those laws while you are operating, riding, parking and/or charging a Scooter. In certain jurisdictions, you must wear a helmet whether one is made available to you by TukTuk Scooters or not.
No Guarantee of Availability. Unless we provide reservation services, use of a Scooter or any TukTuk Scooters Services is subject to availability at a given location on a first-come, first-served basis. Due to the nature of the TukTuk Service, TukTukScooters cannot and does not guarantee that Scooters will be available at any given location or at any given time.
Scooters and Related Equipment are Provided “As-Is.” Scooters are provided on an “as-is” basis. You are responsible for inspecting a Scooter and any related materials that TukTuk provides to you, such as helmets, locks, etc. to ensure that they are in good working condition prior to using them. If you find that any Scooter or related materials are not in good working condition, you must inform TukTuk promptly at email@example.com or via the Website or our App.
You must return and secure the Scooter in clean and in good working condition after Your trip. You must notify TukTuk immediately if a Scooter malfunctions, is damaged or is stolen. Please notify us at firstname.lastname@example.org
You Must Inspect the Scooter Prior to Using It. Prior to taking possession of a Scooter, you must inspect the Scooter for evidence of damage and disrepair. If you discover any damage or disrepair, then you must notify TukTuk immediately email@example.com in order to avoid being held responsible for such damage or disrepair. If you fail to report any evidence of damage or disrepair prior to using the Scooter, then you may be liable for the cost of repairing the Scooter. For your own safety, you are prohibited from operating a Scooter if any of the following equipment is not in good working order: throttle, brakes, tires, and lights.
Responsibility for Charges and Costs. You are responsible for all charges and costs incurred, as well as any damage to the Scooter from the time you activate a Scooter until you the time you return and secure it.
Traffic Violations. You are responsible for all traffic, moving and parking violations. You must notify TukTuk of any traffic violations, tickets or fines as soon as reasonably possible, but in any event before a response or payment is required. If you fail to pay a fine and TukTuk pays it instead, you agree that TukTuk may obtain reimbursement by charging the payment method that you have on file.
You agree that the following conduct relating to Scooters is prohibited:
Published Fee Schedule. TukTuk’s Rate Schedule, which sets forth the fees and charges associated with our TukTuk Services, is published on TukTuk’s website www.tuktukscooters.com, and is also accessible through the TukTuk Scooters App. The Rate Schedule is incorporated herein by this reference and you agree to pay the published fees and charges. TukTuk may alter, amend or make changes to the Rate Schedule at any time and will provide notice of such changes on the TukTuk website and App.
Payment Services. TukTuk Scooters may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party websites, applications, services or resources ("Third Party Services"). Any Third-Party Services are subject to different terms or conditions and privacy policies created or controlled by those third-party providers and not TukTuk Scooters, and you should review them carefully and independently. TukTuk is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third-Party Service providers shall not constitute an endorsement by TukTuk Scooters of such providers or their services.
Compliance with Law. You may not use TukTuk’s payment related services except as authorized by the laws of the United States of America, the laws of the jurisdiction where you reside, and any other applicable laws. Specifically, but not by way of limitation, TukTuk’s payment related services may not be used to send or receive funds or currency into (i) any United States embargoed countries; (ii) to anyone on the United States Treasure Department's list of Specially Designated Nationals or the United States Commerce Department's list of Denied Persons List or Entry List. By agreeing to these Terms, by accessing and/or using the TukTuk Services, you further represent and warrant that (i) neither you nor the subject of your transaction (e.g., items, goods, products, services, tangible or intangible things) are located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) that you are not listed on any United States Government list of prohibited or restricted parties.
Payment Processing Services. Payment processing services, which are a key feature of the TukTuk Scooters Services, are currently provided by a third party. Payment processing services provided by this third party are subject to its terms set forth here. By agreeing to these terms in this Agreement or by accessing, searching or using the TukTuk Services or your TukTuk Account, you agree to be bound by such third party payment processing. TukTuk’s provision of any payment processing services is subject to, and conditioned upon, your agreement to provide TukTuk up-to-date, accurate, and complete information relating to you and your payment instrument(s) and you expressly authorize TukTuk to share this information and transaction-related information relating to your use of payment related services with our third party payment processor. TukTuk reserves the right to provide payment processing services through other third party vendors, and if it choose to do so, will provide notice to you via the TukTuk website, APP, SMS Text Message and/or through another method.
Payment Methods. Acceptable forms of payment are also published on TukTuk’s Website and in the Mobile Application. You are required to authorize a form of payment that is acceptable to TukTuk when you create your account and may be asked to provide TukTuk with a credit card number from a card issuer that TukTuk accepts, ApplePay, an eCard or other non-credit card option, in order to activate and/or pay for any fees related to the TukTuk Scooters Services. You agree that TukTuk is authorized to charge your selected payment method for any payments and any other sum that you owe to TukTuk as a result of your use of a Scooter which includes but is not limited to unreported damage or repairs that are necessary as a result of your use of a TukTuk Scooter. You further agree that TukTuk is authorized to seek pre-authorization of any charge to any credit card that you provide as a payment method for using the Services.
No Refunds. TukTuk adheres to a strict no refund policy. All published fees and charges are final and nonrefundable.
Disputed Charges. You agree to notify TukTukScooters in writing of any billing dispute within 30 days of the date upon which your credit card is charged. Failure to do so will result in the charge being final, binding and collectable.
Delinquent Accounts. Any User Account which is delinquent will be suspended or terminated solely at TukTuk’s discretion. Any credit card or other payment method which is rejected may result in suspension or termination of your account in TukTuk’s sole discretion. The User must notify TukTuk in the event of the credit card or payment method on record being changed, expiring, or being no longer valid and replace it with a valid payment method. TukTukScooters may seek third party assistance with unpaid or delinquent accounts if the you do not pay outstanding charges.
Term. This Agreement shall be in force until terminated as described below or as otherwise provided in this Agreement.
Termination by You. You may terminate this Agreement at any time without cause upon one week written notice to TukTuk. In order to be effective, your notice of termination must be in writing and sent to TukTuk by email to firstname.lastname@example.org.
Termination by TukTuk.
(A) Without Cause. TukTukScooters may terminate this Agreement at any time, without cause, upon one week written notice to you. Upon termination, your account will be permanently deleted. (B) With Cause. TukTuk may immediately terminate this Agreement and, consequently, your account, if you have breached any term of this Agreement.
Return of Property Upon Account Termination. If your account is terminated, you will immediately return any Scooter, or other property of TukTuk that you have in your possession. You will be charged for the value of any property of TukTuk that you fail to return as well as all costs (including attorneys’ fees and costs) that TukTukScooters incurs in attempting to recover its property from you.
By sending TukTukScooters any feedback, comments, questions, or suggestions concerning TukTuk or TukTuk Scooters Services(collectively, “Feedback”) you represent and warrant
(a) that you have the right to disclose the Feedback,
(b) that the Feedback does not violate the rights of any other person or entity, and
(c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further
(i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
(ii) acknowledge that we may have something similar to the Feedback already under consideration or in development,
(iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, sublicense or otherwise exploit the Feedback, and
(iv) irrevocably waive, and cause to be waived, against TukTuk Scooters and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your TukTuk Account or termination of the TukTuk Scooters Services, if any.
Any dispute that arises out of or relates to this Agreement or the breach thereof that is not governed by the mandatory arbitration agreement set forth in Section 14, above, shall be governed by the law of the State of California without regard to or application of choice of law principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts in California for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. For any action not subject to mandatory arbitration pursuant to Section 14 above, the prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.
You must provide any notice required in accordance with this Agreement via your Account or the following email address here except in cases where this Agreement directs communications to a more specific email address. TukTuk’s routine communications regarding the TukTuk Services and any legal notices will be sent to you either electronically (via your Account, your email address on record or by text message to your mobile device using the number you provided), by United States mail or by courier, except that TukTuk may give notice of an amendment to the Agreement by posting the notice on the Site, your Account, or by email to the email address on record.
Notwithstanding your determination to opt-out of receiving electronic messages or cease use of the TukTuk Services, you agree that in the event an incident occurs in which a third party obtains unauthorized access to your personal data provided to TukTuk, you agree that should TukTuk become legally obligated to provide notice of such unauthorized access, then TukTuk may provide such notice to you electronically by using the email address or mobile telephone number provided by you.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TukTuk without restriction. Any assignment attempted to be made by you in violation of this Section shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns. No delay or omission by TukTuk to exercise any right or power occurring upon any noncompliance or default by you with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by TukTukScooters of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. TukTukScooters may freely assign this Agreement and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
If any part of this Agreement other than the arbitration provision and class action waiver set forth in Section 14, above, is found invalid or unenforceable by a court of competent jurisdiction, then if practicable, the parties will substitute a valid provision that most closely approximates the intent and economic effect of the invalid provision(s). If a practicable substitution cannot be made, then the parties agree to sever the invalid provision(s), leaving the remainder of the Agreement in full force and effect.
Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.
This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and the parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, that is not contained in this Agreement. TukTuk Scooters is not obligated under any other agreements unless they are in writing and signed by an authorized representative of TukTuk Scooters.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to these terms and conditions contained herein.
(A) Sections. The section titles in the Terms are for convenience only and have no legal or contractual effect.
(B) Contact TukTuk Scooters. We are always here to help, and there are many ways to reach us. you can reach the TukTukScooters customer support at:email@example.com
Now…..scoot and enjoy!