GTC FOR VEHICLE(BIKE/EBIKE AND SCOOTER) USAGE SYSTEMS OPERATED BY ANIV LLC
Aniv Terms and Conditions (as of Mar 20st, 2021)
1. SUBJECT OF THE AGREEMENT
1.1. “Aniv” LLC (hereinafter, Aniv) shall provide a bike sharing/rental service (hereinafter, Service) through the mobile app (hereinafter, Mobile App) to the customer (hereinafter, the Customer) and the Customer shall receive the Service and make the payment.
1.2. By using the Service, the Customer accepts and agrees to comply with this Agreement.
1.3. IF THE CUSTOMER DOES NOT ACCEPT ALL OF THE TERMS AND CONDITIONS, THEN THE CUSTOMER IS NOT AUTHORIZED TO USE THE SERVICE.
1.4. By accessing or using the Mobile App the Customer is acknowledging that it has read, understood, and agreed to be bound by this Agreement.
1.5. The Agreement applies to and includes usage of bicycles of aniv/YerevanRide brand (hereinafter Bicycle)
1.6. Upon renting a bicycle, the Customer accepts the current, valid version of the Agreement.
2. REGISTRATION AND CONFIRMATION
2.1. To register, the Customer must install the Mobile App and complete the authorisation process by providing the data marked as i.e.obligatory, name, surname, the e-mail address and mobile phone number. In order to become a registered Customer, the applicant must be 16 years of age at the time when the application is approved.
2.2. Upon registration, the applicant shall receive a personal identification number (PIN) via sms which he/she may use to log into the Mobile App.
2.3. During the registration process, and when using the Service, the Customer shall provide correct data, and keep his/her password and login secret from third parties.
2.4. Aniv reserves the right to introduce technical modifications in the Customer registration and Service provision processes.
2.5. If it is revealed that the Customer’s use of the Service does not comply with this Agreement, Aniv may block the Customer’s account. In such cases, re-registration shall only be possible if Aniv provides the prior consent to doing so.
2.6. Aniv reserves the right to contact the Customer for the purposes of implementing the Agreement.
2.7. The Customer is obliged to inform Aniv immediately of any changes to their personal`nformation. This includes personal data and information regarding payment (e.g. credit card information).
2.8. The Customer shall unlock the Bicycle by scanning the QR code on the front of the Bicycle.
2.9. Aniv has the right to remove Bicycles from the street due to any reason.
3. PROHIBITED ACTS
3.1. The rental Bicycles may not be used:
a) by persons who are younger than 16 years,
b) to carry other persons in particular young children,
c) for journeys outside of operating zones,
d) for subletting to third parties, or in any other way allowing others to use a Bicycle that the Customer has unlocked or removed. Bicycle may be used only by the Customer. The Customer may not transfer his/her lock code, or any other unique subscriber information to any other person.
3.2. Customer may not operate a Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Customer’s ability to safely operate a Bicycle.
3.3. Customer may not operate a Bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, or storms, which could make it more dangerous to operate a Bicycle. The use of Bicycles during these weather conditions is at one’s own risk.
3.4. Customer may not transfer a Bicycle in a car, ferry or train, or any other transport.
3.5. Freehand (“no-hands”) operation of the bike is not allowed at any time.
3.6. It is forbidden to use the Bicycle basket improperly or overload it (maximum allowable load: 5 kg). The Customer is obliged to ensure that all transported goods and items are properly fastened and secured at all times.
3.7. The Customer may not use any locking mechanism, other than the locking mechanism provided by Aniv.
3.8. Unauthorized modifications or alterations to the rental Bicycles are not allowed. Customer may not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. Customer may not use a Bicycle for any advertising or similar commercial purpose.
3.9. Customer may not attach anything to a Bicycle.
3.10. Each Bicycle is intended for use by one person only. Customer may not carry or otherwise transport a second person (including a child or pet) using a Bicycle or in the basket.
3.11. Should unauthorized or improper use of the rental Bicycle be determined, Aniv is authorized to terminate the Agreement and block the Customer from further rentals and usage.
4.1. Aniv’s calculation of all fees and services shall be charged on the basis of the prices valid at the beginning of each individual use of the Bicycle. Rental fees are to be taken from the current price list (available at www.aniv.app)
4.2. The Customer is obligated to pay the billed amounts by means of credit card or through the terminal. Payment must be provided prior to the time of rental.
4.3. Aniv invoices the Customer according to the current rate and price list is available at www.aniv.app. Finalized rental processes (including costs and time periods) may be viewed by the Customer in their account in the Mobile App.
4.4. In the event of usage of 1- (one) day and 3- (three) day plans, if the ride exceeds 45 (forty five) minutes, Aniv shall charge 300AMD for every 15 minute period that the Customer exceeds the ride limit. For a month and annual plans, the rides shall not exceed 45 (forty-five) minutes, otherwise, Aniv shall charge 300AMD for every 15 minute period that the Customer exceeds the ride limit.
4.5. Debiting of the Customer’s account occurs automatically. Aniv does reserve the right to demand payment by the Customer either by telephone or in written form.
4.6. Objections to debited charges must be submitted in writing to Aniv within 14 (fourteen) days of receipt of the invoice. Customer rights following the expiry of the objection period remain unaffected. Any refunds due will be credited to the Customer’s account.
4.7. Online payments made directly to the website are transferred to Aniv. Payment can only be refunded if Aniv has not (fully) provided the Service. In the event that such a conflict should arise concerning online payments, the Customer can make a complaint with Aniv. The Customer can submit his/her complaint to firstname.lastname@example.org, or call +37494556702, or use the chat solution in the “Contact Us” section of the Mobile app.
5. BICYCLE SAFETY INSPECTION
5.1. Before each use of a Bicycle, the Customer must conduct a safety inspection of the Bicycle, which Customer acknowledges Customer is competent to do, and which includes inspecting for all of the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) proper attachment of the seat, pedals, and basket, other parts of the Bicycle (iv) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. The Customer may not ride the Bicycle if he/she notices any mechanical or other problem or safety issue; and, in such case, the Customer must promptly notify Aniv of all problems and issues and use a different Bicycle.
6. RETURNING OF THE BICYCLE
6.1. The returning of the Bicycle outside the defined area of usage is not permitted. This area shall be considered Yerevan city center.
6.2. The Bicycle must be returned in Yerevan centre or maximum 4 (four) km outside of the centre.
6.3. The Customer is obligated to inform Aniv that the rental period is being ended as well as of the exact location of the return (station number or GPS coordinates). This may be done via Mobile App.
6.4. The Customer must be able to provide this information to Aniv upon request for a period of 48 hours following the rental period.
6.5. Should the Customer not return the Bicycle at a defined area as described in paragraphs 6.1 and 6.2., provide false information or forget to return the Bicycle entirely, Aniv reserves the right to charge the Customer a fine in the amount of 300.000 AMD
6.6. The Bicycle must be parked in plain sight. The Customer is obliged to follow road traffic regulations when parking. He/she must ensure that the Bicycle does not hinder road safety, that other vehicles and/or traffic is not obstructed and that no damage is done to third parties or their property.
6.7. The Customer must park the Bicycle in an area accessible by the public at all hours, where Bicycle parking is permitted in accordance with applicable laws and regulations, in an upright position, out of the way of pedestrian and vehicle traffic. The Customer may not park a Bicycle in any place that is inaccessible to the public, such as in the buildings, or in any place that is unsafe. The Customer shall ensure that the Bicycle locker can adequately communicate to servers of Aniv by ensuring it has GPS signal. The Customer shall be solely responsible for any damage to a Bicycle that is damaged or confiscated as a result of improper or illegal parking of a Bicycle.
6.8. The rental Bicycle must be locked when it is returned or when not in use, even if the Customer leaves the Bicycle unattended for only a short time. Aniv may charge fees in case of failure to comply with this provision.
7. HELMETS; SAFETY
7.1. Aniv strongly recommends that the Customer wears a helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Aniv is not liable for any injury suffered by the Customer while using the Services, whether or not the Customer is wearing a helmet at the time of injury. The Customer assumes all risk of not wearing a helmet or other protective clothing and gear. The Customer agrees that, when using the Services, the Customer might need to take additional safety measures and precautions that are not specifically addressed in this Agreement.
7.2. Like any physical activity, riding a Bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Bicycle, the Customer assumes all responsibilities and risks for all such injuries or other medical conditions.
8. LIABILITIES OF THE PARTIES
8.1. Use of Services provided by Aniv occurs at the Customer’s own risk. The Customer takes full responsibility for damages caused by him/herself. The Customer is solely responsible for any liability claims resulting from actions or events occurring during the rental period or as a result thereof.
8.2. If the Customer causes damages or the Bicycle is stolen, the Customer shall be liable for the damages incurred.
8.3. The Customer shall be made liable for all costs and damages incurred by Aniv due to non-compliance with the Agreement obligations.
8.4. The Customer represents, warrants, and agrees that Aniv is not responsible for providing or maintaining bicycle lanes or any other place where the Customer may ride Bicycle, and that Aniv does not guarantee that there will always be a safe place to ride a Bicycle. Roads, bicycle lanes may become dangerous due to weather, traffic, or other hazards. The Customer shall not use a Bicycle for any use, besides safe operation on public or private roads designated for bicycles, as applicable.
8.5. Aniv shall not be liable in cases of improper and/or unauthorized use of the Bicycle in accordance with Section 3.
8.6. If the Bicycle is stolen during the rental period, the Customer must report the theft immediately to Aniv and the police.
8.7. Aniv must be informed of accidents immediately. In cases of accidents involving not only the Customer, but also third-party property or other persons, the Customer is also obliged to report the incident to the police immediately.
9. CONFIDENTIALITY OF CUSTOMER’S INFORMATION
9.1. The Customer is responsible for preventing unauthorized use of the Customer’s personal data by third parties. This applies, in particular, to their personalized PIN/password.
9.2. The Customer may change the personal data anytime and as often as he/she wants.
9.3. Should the Customer have reason to believe that his/her user data has been compromised or misused, he/she has to inform Aniv of this fact immediately.
10.1. Aniv is authorized to save Customers’ personal data and is obligated to use that data only in compliance with the provisions set forth in the RA Law “On Protection of Personal Data” which is in force since 01.07.2015.
10.2. While using Aniv Mobile App, Aniv may ask the Customer to provide personally identifiable information that can be used to contact or identify the Customer (“Personal Data”). Personally Data may include, but is not limited to:
• Email address, • First name and last name, • Phone number, • Address, State, Province, ZIP/Postal code, City, • Credit Card information.
10.3. Aniv may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as Customer’s usage of Mobile App, the time and date of usage of the Service, the place and duration of the usage of Service.
10.4. In addition, when the Customer uses the Mobile App, Aniv may collect certain information by automated means, such as cookies, and mobile SDKs. The information Aniv collects in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system and versions, language preferences, referring URLs, information on actions taken on the Mobile App, and dates and times of visits to the Mobile App.
10.5. The Customer’s Personal Data shall be used for the following purposes:
• To provide and maintain the Service
• To comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and Aniv policies
• To verify identity of the Customer,
• To notify the Customer about changes to the Service,
• To allow the Customer to participate in interactive features of the Service when he/she chooses to do so,
• To provide customer care and support,
• To provide analysis or valuable information so that Aniv can improve the Service,
• To monitor the usage of the Service,
• To detect, prevent and address technical issues, to improve the Service,
• To process the payments of the Customer,
• Respond to the inquires of the Customer.
10.6. Aniv shall use information collected through cookies, other automated means for purposes such as (i) customizing Customer’s visits to the Mobile App, (ii) delivering content tailored to Customer’s interests and the manner in which Customers navigate the Mobile App, (iii) protecting against, identifying and preventing fraud; and (iv) managing the Mobile App and other aspects of the Service.
10.7. Aniv may employ third party companies and individuals to facilitate the Service (“Service Providers”), to provide the Service on Aniv’s behalf, to perform Service-related services or to assist Aniv in analyzing how the Service is used. These third parties have access to Customer’s Personal Data only to perform these tasks on Aniv’s behalf and are obligated not to disclose or use it for any other purpose.
10.8. Aniv may share Customer’s information with (i) Aniv’s subsidiaries and affiliates, (ii) joint marketing partners or other co-branded third parties, (iii) municipalities and other relevant state agencies associated with the Service, and (iv) sponsors.
10.10. Aniv may disclose Customer’s Personal Data in the good faith belief that such action is necessary to:
• To comply with the laws, • To protect and defend the rights or property of Aniv, • To prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. • To protect the personal safety of users of the Service or the public. 10.11. The security of Customer’s data is important to Aniv, however no method of transmission over the Internet, or method of electronic storage is 100% (hundred) secure. While Aniv strives to use commercially acceptable means to protect Customer’s Personal Data, Aniv cannot guarantee its absolute security.
11. TERM AND TERMINATION
11.1. This Agreement commences when the Customer first has access to the Service and the payment of any applicable fees and shall continue until the earlier of (i) such time as the Customer cancels his/her account by Mobile App or (ii) Aniv terminates this Agreement upon notice to the Customer (the “Term”).
11.2. Customer may terminate his/her use of the Service at any time; provided, however, that (i) no refund will be provided by Aniv, and (ii) Customer may still be charged any applicable additional fees arising under this Agreement.
12. FINAL PROVISIONS
12.1. This Agreement contains the complete, final, and exclusive integrated agreement between the Parties with respect to its subject matter. It may be updated periodically and without prior notice to the Customer. For significant changes, Aniv will notify the Customer by posting a prominent notice on the Mobile App and indicating at the top of the Agreement when it was most recently updated.
12.2. This Agreement is governed by, and must be construed and enforced in accordance with the laws of the Republic of Armenia. The disputes shall be resolved in the courts of Armenia.
12.3. This Agreement is executed in two languages, in English and Armenian. In case of discrepancies between the texts, the Armenian version shall prevail
14. CUSTOMER’S AGREEMENT TO THIS AGREEMENT
14.1. The Customer certifies that he/she is the person renting a Bicycle, he/she is 18 years of age or older, and has read and agreed to all of the terms and conditions set forth in this Agreement.