DURING THE REGISTRATION PROCESS FOR OUR APP AND WHEN UNLOCKING A VEHICLE FOR USE
VIA THE APP YOU MUST AGREE TO THESE TERMS. DOTT ONLY ALLOWS YOU TO USE THE
SERVICES IF YOU ACCEPT THESE TERMS SO DO NOT MAKE USE OF THE SERVICES IF YOU DO
NOT AGREE TO THESE TERMS. FEES, INSURANCE, MAIN TERMS AND SPECIAL TERMS ARE AN
INTEGRAL AND SUBSTANTIAL PART OF THESE TERMS.
These Terms refer to the following additional terms, which also apply to your
use of some or all Services:
If you use the Services while in a country other than Italy, the Services are
offered by an affiliate of Dott located in such other country. In this case, you
will enter into an App Agreement and into the Individual Rental Agreements with
such local affiliates of Dott based on the country-specific Terms and
Conditions. Such country-specific Terms and Conditions are available here (link)
and identify the respective local affiliate of Dott as your contracting party.
You must be at least 18 years of age and have the requisite mental and legal
capacity to use our Services.
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YOUR USER ACCOUNT
You must register for a user account through the App on your mobile device
before any use of our App and Vehicles (“User Account”). A User Account
must be created via the App. In order to set up your User Account the App
will prompt you to provide us with (i) certain information about yourself
(all fields indicated as mandatory must be completed), and (ii) a method of
payment (details of valid credit card, debit card or other approved payment
method), and (iii) any other information or documents required by us in order
to allow you to use the App and Vehicles, as indicated in the registration
process in the App. The payment details are provided to our third-party
payment processors and are only accessed or stored by us in masked format.
Your User Account is personal to you and you will ensure that it is kept
secure and not shared with or used by anyone else. You will not, directly or
indirectly, create a User Account for another person or transfer your User
Account to another person. When using a Vehicle, you will comply with all
security measures that we may communicate to you from time to time in your
User Account when unlocking the Vehicle. You are responsible for all loss and
damage arising from your disclosure of your User Account information, or any
electronic threats, attacks or fraudulent activity resulting from your
failure to safeguard the security of your User Account. You must immediately
report any suspicions of unauthorized access to your User Account to:
hello@ridedott.com. You are responsible for the use of your User Account at
all times.
All information that you have provided to us must be accurate, true,
up-to-date and complete and you agree to keep it this way. If we have
reasonable grounds to suspect any of the information you have provided to
open your User Account is incorrect, inaccurate or fraudulent we may suspend
or temporarily block access to your User Account until the issue is resolved
to our satisfaction. We may if required or in accordance with applicable laws
check and verify the information you have provided to us. You will cooperate
and extend to us any assistance that is reasonably tolerable for you and
required for such checks and verifications. You are responsible for all loss
and damages arising from inaccurate, false or incomplete information that you
provided to us.
During the use of the Services, you must observe these Terms. If we have
reasonable grounds to suspect or become aware of any breach of the Terms, we
may suspend or temporarily block access to your User Account until the issue
is resolved to our satisfaction.
All applications for User Accounts are subject to our approval, which shall
be given on a non-discriminatory basis. We reserve the right to reject any
application for a User Account. Registration for a User Account is completed
when you receive a confirmation that you can start riding within the App.
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USE OF VEHICLES
Via your User Account you can rent a Vehicle based on an Individual Rental
Agreement as follows: In your User Account you can identify any available
Vehicles and unlock such Vehicles for usage. When you unlock the Vehicle in
your User Account to start a ride (as further described in Section "Starting
and Ending a Ride" below), you enter into an Individual Rental Agreement with
Dott for the use of such specific Vehicle based on these Terms as well as any
additional terms (such as relating to fees and permitted operational areas as
well as the applicable Insurance Policy). Fees and operational areas will be
displayed to you in your User Account at the time before you unlock the
Vehicle. When you start a ride by clicking "unlock", you agree to pay the
fees for the Service as indicated in the App at the time you require the
Service. For more information on fees see the “Fees, Charges and Payment”
section below).
Starting and Ending a Ride: A ride starts from the moment you “unlock” a
Vehicle in the App and ends as soon as you select the “end ride” option in
the App thereby locking the Vehicle again. Upon ending a ride you must park
the Vehicle in accordance with our parking instructions below. Once the
option "end ride" has been selected, you should wait to receive confirmation
that the ride has ended within the App. If you leave the Vehicle without
properly ending the ride, the Service will continue to run and you will be
required to pay for the continued use of the Service. After ending a ride you
may no longer make use of the Vehicle and must repeat the unlocking process
to gain use again. You are obliged to follow the below rules at all times
when making use of some or all Services and all rules that may be
communicated to you by Dott from time to time.
Age and Capacity: You are at least 18 years old and, when required by
local laws as indicated in your User Account, have a valid driver’s license.
You will ensure that you are familiar with the way of operating our Vehicles
and are physically and mentally fit to do so.
Safety First: Prior to using the Vehicle we recommend you inspect the
Vehicle for damage (including checking the frame, deck, kick stand, tires,
lights and display) and test the brakes and throttle. Make sure you check
that the battery is sufficiently charged to get you to where you want to go.
If you are using an e-bike, make sure your seat is properly adjusted prior to
riding. Before taking off you should take note of the weather and check your
surroundings in order to avoid a collision and confirm you have a clear path
for movement. Make sure you constantly monitor the weather, the conditions of
the Vehicle and your riding environment during the ride and adjust your
riding behavior to ensure a safe ride. Should the Vehicle appear defective
prior to riding or at any time during your ride you should cease using the
Vehicle immediately and report it to us (“Defective Vehicle”). We
recommend you wear a helmet and we require that you use helmets in all
countries where they are legally required for operation of the Vehicles (as
indicated in your User Account).
Compliance with Laws: You are obliged to conduct yourself in compliance
with all applicable laws and regulations, including laws and regulations
relating to the use of the Vehicles and all traffic rules and regulations
applicable to the use and parking of the Vehicles. You must comply with the
applicable city regulations for Rome, Milan and Turin as specified in
Addendum A when using an E-scooter. Failure to comply with this requirement
may result in fines, penalties and termination of your User Account.
Availability: Our Services may not be available 24/7. There may be
circumstances where our Services are interrupted, delayed or unavailable,
including due to planned maintenance, upgrades, urgent repairs. We also
reserve the right to suspend the Services in whole or in part when this is
necessary for the purposes of our legitimate interests. You can identify
which Vehicles are available at any time via our App.
Sole User: When you unlock a Vehicle you must be the sole user of such
Vehicle and you are solely responsible for compliance with the rules as set
forth in these Terms when using the Vehicle. You will ensure that no one
except you uses a Vehicle once you have unlocked it. YOU WILL NOT CARRY A
SECOND PERSON ON OUR VEHICLES. IT IS STRICTLY PROHIBITED TO RIDE A VEHICLE
WITH MORE THAN ONE PERSON. THE VEHICLES ARE DESIGNED FOR USE BY ONE
INDIVIDUAL AUTHORISED USER AT A TIME.
Handle our Vehicles with Care: You are obliged to treat any equipment
(including Vehicles) provided to you with appropriate care, diligence and
safety at all times.
Restrictions on use of Services: You will comply with the following use
restrictions in relation to our Services at all times:
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You will not operate the Vehicle outside of the area indicated in the App
(“Operational Areas”). The Operational Area is indicated during the
unlocking process and will always be visible to you within the map on the
App. Should you leave the Operational Areas at any time we may disable the
Vehicle and charge you a fine should you fail to return the Vehicle to an
Operational Area. The map within the App will indicate whether the Vehicle
is outside or inside the Operational Area.
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You will not operate the Vehicles in areas which any competent local
authority has prohibited the use of the Vehicles (“No Ride Zones”).
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In cities where a competent local authority has designated specific parking
areas for the Vehicles (“Designated Parking Areas”), you will only park
the Vehicles in such Designated Parking Areas. Your city’s Designated
Parking Areas will be indicated on the map in the App.
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You will use the Vehicle in compliance with all applicable laws, in
particular any road traffic rules.
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You will not rent, lease, sell, resell or otherwise monetise or
commercialise our Services.
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You will not ride a Defective Vehicle of which you are aware and should a
Vehicle become defective at any stage during your ride you will cease using
it immediately and notify us.
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You will not unlock our Vehicles except through the App or as otherwise
permitted by us from time to time via the use of third party applications.
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You will not dismantle, modify, repair or tamper with any of the Vehicles
nor any part of the Vehicles.
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You will not ride a Vehicle carrying a bag, backpack or other item if this
prevents you or interferes with your ability to ride the Vehicle in a safe
way.
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Whilst riding a Vehicle, you will not use your mobile phone, portable music
player and/or any other device that may distract you or interfere with you
riding the Vehicle in a safe way.
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YOU WILL NOT RIDE A VEHICLE WHILE UNDER THE INFLUENCE OF ANY ALCOHOL,
MEDICATION, DRUGS AND/OR ANY OTHER SUBSTANCE THAT MIGHT PREVENT YOU FROM
RIDING THE VEHICLE IN A SAFE WAY.
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In countries where we provide you with personal injury insurance, you will
not be covered for head injuries under our insurance policies if you ride
without wearing a helmet.
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Always hold both handlebars of the Vehicle whilst riding.
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When operating a Vehicle at night or in circumstances where visibility is
diminished due to the weather or season you will use reflective clothing
such as a jacket or belt at all times and ensure that the Vehicle's front
and back lights work and are switched on.
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E-scooters may only be used in line with current local legislation (D. Lgs.
285/1992, DPR 495/1992,DM 229/2019 and subsequent changes), including for
example the following rules:
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Riding is only permitted on urban streets, or on cycle lanes outside
urban areas;
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Respecting the maximum speed allowance which is regulated at the city
level and indicated in Addendum A;
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In pedestrian areas you may not exceed a speed of 6km/h;
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When riding during the night it is compulsory to wear a reflective jacket
or belt.
Parking: You must park Vehicles in Designated Parking Areas within the
Operational Areas and where no Designated Parking Areas exist you will always
park the Vehicle in a manner which is permitted by law and does not block
building entrances or interfere with the use of public streets, roads and
sidewalks by pedestrians, or traffic, and that allows us to access the
Vehicle. Dott may request you send a photograph of the Vehicle to evidence
that it has been parked correctly. Such a request will be made within the App
when you choose to end a ride and lock the Vehicle. Do not attempt to secure
or lock the Vehicles by any method other than through the App. We may charge
you an administrative fee of up to EUR300 in respect of our costs for
recovering any Vehicle in the event you do not follow our above mentioned
parking and locking instructions.
Fines: You will be solely liable for and will pay any fines, fees,
penalties, impounding cost and/or other charges imposed by a governmental
authority resulting from parking or using a Vehicle improperly, or by you
violating any law, rule or regulation while using our Vehicles or by you
failing to comply with any of these Terms (“Fines”). In such cases Dott
will be authorised to provide any necessary information of you, requested or
required by the relevant government authority. In some instances, we may pay
such Fines on your behalf (in which case you will reimburse us for the
payment of such Fines together with an administration fee of EUR50 and any
additional costs reasonably incurred by us for handling the payment of the
Fine on your behalf unless you can prove that the costs for such efforts made
by us for handling such Fines were lower). Dott has the right to deduct such
Fines and charges from your chosen payment method and should you have
insufficient funds available for us to deduct such Fines and charges, you
agree that we can contact you in order for you to make payment to us (such
payment to be made immediately upon request). Dott may charge you a Fine of
EUR50 for any breach of the Terms, regardless of whether another Fine,
administration fee or penalty is imposed because of or in relation to a
breach of the Terms.
Reporting Accidents and Loss or Damage to Vehicles: You will report any
damages, accidents, personal injury, Defective Vehicles, stolen or lost
Vehicle to us and the context of your use of the Vehicle immediately by
contacting us via email at: support@ridedott.com. You will immediately file
a report with the local police department if a Vehicle you rented is stolen.
Note that any failure to report an accident may impact your coverage under
any insurance provided by us.
RISK OF INJURIES AND DAMAGES: RIDING, USING OR OPERATING A VEHICLE
CARRIES AN INHERENT RISK OF CAUSING INJURY (INCLUDING DEATH) TO YOURSELF,
OTHERS AND/OR DAMAGE TO PROPERTY THAT CANNOT BE AVOIDED ENTIRELY EVEN IF
PROPER PRECAUTIONS ARE TAKEN.
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INSURANCE
We will maintain all insurance required to operate our Services under local
laws, such as third-party liability insurance to cover your liability for
accidental physical injury to third parties or accidental damage to the
physical property of third parties arising from your use of the Vehicles. In
certain countries we will also provide you with additional insurance coverage
(over and above that required by law) for accidental death or permanent
disability caused by an accident arising from your use of the Vehicles which
we will indicate in your User Account.
All insurance coverage we provide to you is subject to the terms and
conditions of Dott’s Insurance Policy for the specific country in which you
are using the Vehicle at the time of the accident.
FOR MORE INFORMATION ON WHAT IS COVERED AND HOW TO SUBMIT A CLAIM, COPIES OF
DOTT’S INSURANCE POLICIES ARE AVAILABLE HERE: https://ridedott.com/terms.
YOU ARE ADVISED TO READ THESE TERMS AS A FAILURE TO COMPLY WITH THESE TERMS
MAY RESULT IN THE INSURER REJECTING YOUR CLAIM.
OUR PROVISION OF INSURANCE IS IN NO WAY AN ADMISSION OF LIABILITY FOR DAMAGES
OF ANY KIND AND IS NOT INTENDED TO ACT AS A SUBSTITUTE FOR YOUR OWN
INSURANCE. We recommend that you ensure you have adequate personal insurance
in place to cover the risks involved in using our Services.
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FEES, CHARGES AND PAYMENT
Fees
The fees for the use of our Vehicles are charged on a pay per use basis. Each
time you wish to use a Vehicle you may be charged an unlock fee in addition
to use fees which are calculated based on the duration of your use of the
Vehicle. The fees are disclosed in your User Account before you unlock a
Vehicle and the fee information in respect of each city can be located within
the App at help & contact>FAQ>Pricing & Payment. The fees are calculated
from the moment the Vehicle is unlocked until the moment the Vehicle is
locked via your User Account. The fees will be rounded up to the nearest unit
of time based on the applicable billing model (i.e. per second, per minute or
per hour). Both the applicable unlock fee and the applicable billing model
and fees charged can be viewed in the App prior to riding. All fees are
non-refundable and inclusive of VAT.
Payment
Payment may be made by the credit or debit card you loaded in order to
register for a User Account or by any other payment method permitted by Dott
for the specific country. You may select your preferred payment method for
the ride prior to unlocking the Vehicle by selecting from the payment drop
down menu in the App. All receipts and invoices for your use of the Vehicles
are available within the App when selecting “ride history” and will also be
sent via email should you provide us with your email address.
Should your payment be rejected, Dott reserves the right to suspend your User
Account until the outstanding payment is settled. We will send you an email
requesting that you settle all outstanding payments. If such amounts are not
settled within the requested timelines Dott will terminate your App Agreement
and take any legal actions that it deems necessary in order to recover the
outstanding payment including seeking compensation for any damages you
caused.
Promo Codes
In some circumstances Dott may provide you with promotional codes which grant
you a reduction in fees within the App. Promo codes are subject to any
additional terms and conditions we communicate to you at the time of issuing
the promo code for use. Promo codes may only be utilized once and are
specific to a User Account.
Passes
In some cities prepaid passes may be available to purchase via the App
(“Passes”). The purchase price together with any other limitations on the
Pass (such as a maximum number of rides (“Max Rides”), maximum duration
of rides (“Max Ride Duration”), duration of Pass (“Term”), times or
days when rides may be used and the city where the Pass may be used) will be
communicated to you within the App prior to your purchase. Should you select
a Pass for purchase the pass will commence immediately upon Dott confirming
receipt of your payment in the App (“Start Date”). Passes will terminate
on the earlier of: (i) your use of the Max Rides; and (ii) the end of the
Term (“End Date”).
Should your ride be shorter than the Max Ride Duration, any unused portion of
the ride will not be carried over and will be lapsed. Should you exceed the
Max Ride Duration on any ride you shall be charged at the standard rate per
minute as indicated in the App.
Passes may not be used in conjunction with promotional offers, rewards or
other discounts.
Passes may be purchased with any available payment method except for payment
via wallet.
Fees for Passes are payable in advance and are non-cancellable and
non-refundable.
Subscriptions
In some cities subscriptions may be available to purchase via the App
(“Subscriptions”). The purchase price together with any other limitations
on the Subscription (such as a maximum number of rides during each month of
the Subscription (“Max Rides”), maximum duration of rides (“Max Ride
Duration”), duration of Subscription (“Term”), times or days when rides
may be used and the city where the Subscription may be used) will be
communicated to you within the App prior to your purchase. Should you select
a Subscription for purchase, the Subscription will commence immediately upon
Dott confirming receipt of your payment in the App (“Start Date”).
Subscriptions will terminate on the earlier of: (i) you exercising your right
to cancel; and (ii) where no auto-renewal is expressly stated, the end of the
Term (“End Date”).
Should you exceed the Max Rides or the Max Ride Duration during the Term you
shall be charged at the standard rate per minute as indicated in the App.
If your Subscription is subject to auto-renewal we shall notify you prior to
your purchase of the Subscription via the App. When a Subscription is subject
to auto-renewal it will be automatically renewed for the same length of time
as the original Subscription period and will continue indefinitely until you
exercise your right to cancel prior to the next auto-renewal period. If you
elect to cancel your Subscription after the auto-renewal date, but prior to
the next auto-renewal period you will not be entitled to any refund for the
remainder of the then current renewal period. The Services will continue to
be available to you during this time.
If a Subscription is subject to auto-renewal we shall notify you of your
right to cancel and the process for cancellation. Should we fail to provide
you with such notification you may terminate the Subscription at any time
following from the auto-renewal date.
Dott reserves the right to modify, amend or vary any Subscription terms
(including the price) by providing you with 14 days prior written notice. You
shall have the right to cancel the Subscription and receive a refund should
you not wish to continue with the modified terms.
Subscriptions may not be used in conjunction with promotional offers, rewards
or other discounts.
Dott may cancel your Subscription: (i) without cause at any time during the
Term by providing you with 30 days prior written notice; (ii) immediately
should you fail to make payment to Dott, or should you be in material breach
of these Terms.
Fees for Subscriptions are payable in advance and Subscriptions may only be
purchased via credit card payment.
Right of Withdrawal applicable to Packages and Subscriptions
If you are a consumer you have a statutory right to withdraw from a Pass or a
Subscription within 14 days of the Start Date. However, as you agree that the
Pass or Subscription will commence immediately on the Start Date (and
expressly request this upon purchasing the Pass or Subscription), you will
lose your right of withdrawal should the End Date occur prior to the
expiration of the 14 day period. Should you exercise your right to withdrawal
you will be entitled to a refund on a pro-rata basis equal to the lesser of:
(i) the number of Max Rides remaining (if applicable); and (ii) the duration
of the Term remaining.
Should you wish to exercise your cancellation rights please email
support@ridedott.com and provide us with a written statement that you wish to
exercise your right of withdrawal together with your name, phone number and
the details of the Pass or Subscription you wish to cancel.
Wallet
In some countries we may offer a wallet as an additional method of payment.
You may elect to load credit to your wallet. The credit balance of your
wallet is always indicated within the App. Credits in your wallet are not
fiduciary currency and are non-refundable and non-redeemable. You may only
utilise credits to purchase the Services from Dott and Dott’s affiliates via
the App*.*
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INTELLECTUAL PROPERTY
As part of the App Agreement, we grant you a personal, limited, royalty-free,
non-exclusive, revocable and non-transferable, license to download and use
our App solely to enable you to use the Services and for non-commercial
purposes. You may use the App only as permitted by the Terms. You may not,
and will not permit any other party to: (i) modify, reverse engineer (unless
permitted by Sec. 64 of the Italian Copyright Law), adapt, improve, enhance,
alter, translate or create derivative works of the App; (ii) create a
database by systematically downloading and storing the App; (iii) access the
Services for the purposes of extracting data whether manually or by automated
means including robots, scrapers, or spiders; and/or (iv) use the App for any
commercial purposes. All our intellectual property rights (such as
copyrights, trademarks and all content incorporated in the Services) related
to the Services, shall remain the exclusive property of Dott and its
licensors at all times and will not be transferred to you in any way. If you
do not comply with the above mentioned terms of use for the App, we can
terminate the App Agreement pursuant to clause 8 below and suspend any
further access to the App and our Services.
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LIMITATION OF LIABILITY
EXCLUDING CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF DOTT, DOTT IS
NOT LIABLE FOR DIRECT OR INDIRECT DAMAGES OF ANY NATURE THAT YOU OR THIRD
PARTIES MAY IN ANY WAY SUFFER AS A RESULT OF THE SERVICE, OR CHANGES IN THE
APP AND/OR CONDITIONS OF SUPPLY OF THE SERVICE AS WELL AS DUE TO SUSPENSION,
INTERRUPTION OR IN ANY CASE UNAVAILABILITY OF THE SERVICE ITSELF DEPENDENT ON
VEHICLES, TECHNOLOGICAL EQUIPMENT, TELECOMMUNICATIONS COMPUTER SYSTEMS AND IN
ANY CASE FROM CAUSES ATTRIBUTABLE TO THIRD PARTIES.
THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY
STATUTORY LIABILITY, IN PARTICULAR TO LIABILITY UNDER THE ITALIAN CONSUMER
CODE. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO
THE EXTENT DOTT HAS ASSUMED A SPECIFIC GUARANTEE.
YOU SHALL BE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE DAMAGES.
FOR THE PURPOSES OF THIS CLAUSE 6 AND CLAUSE 7 BELOW, “DOTT” INCLUDES DOTT,
ITS AFFILIATES, SUBSIDIARIES, OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS,
SUCCESSORS AND ASSIGNS, REPRESENTATIVES, AGENTS AND DIRECTORS.
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INDEMNIFICATION
SUBJECT TO CLAUSE 6 HEREIN ABOVE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
DOTT HARMLESS, FROM AND AGAINST ALL FINES, PENALTIES, CLAIMS, ACTIONS,
LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE LEGAL
COSTS) ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATED TO; AND
ATTRIBUTABLE TO : (I) YOUR NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES; (II)
YOUR NEGLIGENT OR WILLFUL BREACH OF THESE TERMS; (III) ANY NEGLIGENT OR
WILLFUL MISREPRESENTATION IN CONNECTION WITH THE CONTENT AND INFORMATION
DIRECTLY OR INDIRECTLY PROVIDED BY YOU THROUGH THE APP; (IV) ANY DEATH OR
BODILY INJURY TO YOU OR ANY PERSON AND ANY DAMAGE, LOSS OR DESTRUCTION OF ANY
REAL OR TANGIBLE PROPERTY ARISING FROM YOUR NEGLIGENT OR WILLFUL MISUSE OF
THE SERVICES; AND (V) ANY FINES OR OTHER PENALTIES ARISING FROM YOUR
NEGLIGENT OR WILLFUL MISUSE OF THE SERVICES. YOUR OBLIGATION TO INDEMNIFY
DOTT WILL SURVIVE TERMINATION OF THESE TERMS AND ANY CANCELLATION,
TERMINATION OR SUSPENSION OF THE SERVICES.
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TERMINATION
Both parties (you and Dott) have the right to terminate the App Agreement at
any time subject to a prior notice to the other party (to be provided by
email to the email address specified in the "Contacts" article below). The
right to terminate the App Agreement and any Individual Rental Agreement for
cause without notice period remains unaffected. In case of a termination,
Dott (i) will suspend the User Account and deny any further access to and
usage of the Services, and (ii) may claim immediate return of any Vehicles
used by you as well as fees for the usage of any Vehicle until the Vehicle is
returned.
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MODIFICATIONS
WE MAY AMEND THESE TERMS FROM TIME TO TIME, INCLUDING APPLICABLE FEES AND
INSURANCE POLICIES. WE WILL INFORM YOU ABOUT THE AMENDED TERMS IN OUR APP, ON
OUR WEBSITE AND / OR VIA E-MAIL. YOU WILL BE DEEMED TO HAVE ACCEPTED THE
AMENDED TERMS, UNLESS YOU OBJECT TO THE CHANGES WITHIN FOURTEEN (14) DAYS
FROM THAT NOTIFICATION, PROVIDED THAT WE WILL MAKE YOU AWARE OF THIS
CONSEQUENCE OF A LACK OF OBJECTION IN THE NOTIFICATION.
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FORCE MAJEURE
We shall not be responsible for any loss, damage, default or failure which
is caused by occurrences outside of our control including, connectivity
failures, power outages, riots, fire, flood, windstorm, explosion,
epidemics, pandemics, a state of epidemic or pandemic emergency, war,
sabotage, government actions, changes of laws, regulations, administrative
provisions and other rules, or acts of God.
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GOVERNING LAW AND JURISDICTION
These Terms, the App Agreement and the Individual Rental Agreements are
solely governed by the laws of Italy. Any mandatory consumer protection law
remains unaffected by this choice of law clause.
If you are a “consumer” under Italian law, the place of residence or
domicile selected by you in Italy will have exclusive jurisdiction for any
dispute arising from or connected to these Terms. In all other cases, the
Courts of Milan will have exclusive jurisdiction.
Pursuant to the art. 14 of UE Regulation 524/2013 in the event of a dispute,
you can file a complaint via the European Union's ODR platform which can be
reached at the following link http://ec.europa.eu/consumers/odr/. The ODR
platform is an access point for users who wish to settle disputes arising
from sales contracts or online services in the extra-judicial area.
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GENERAL
To the extent that any provision of these Terms is found by any court or
competent authority to be invalid, unlawful or unenforceable that provision
shall be struck out of these Terms, and the remainder of the Terms which
shall continue to be valid and enforceable to the fullest extent permitted
by law.
You may not cede, assign or delegate any of your rights or obligations under
these Terms without our prior written approval and any attempted assignment
without our prior written consent is void. We may cede, assign or delegate
any of our rights or obligations to a third party without your consent. In
this case, you have the right to terminate pursuant to clause 8.
You and Dott are independent contractors and there is no actual or deemed
partnership, franchise, joint venture, agency, employment or other fiduciary
relationship between you and Dott.
Rights and obligations, which by their nature should survive the termination
or expiration of these Terms or your use of the Services, will survive.
Our failure to promptly exercise any contractual right, does not of itself
mean that the right has been waived unless we acknowledge and agree to such
waiver in writing and it will not give rise to an ongoing waiver or any
expectation that the right will not be enforced, unless it is expressly
stated to do so.
These Terms are the entire agreement relating to its subject matter and
supersedes all prior or contemporaneous oral or written communications,
understandings, proposals of you and us relating to the subject matter of
these Terms.
Any phrase in these Terms introduced by the terms “including”,
“include”, “in particular” or any similar expression shall mean
“including, without limitation”.
Save as those included under the definition of “Dott” in clauses 6 and 7 of
these Terms there are no third-party beneficiaries under these Terms.
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CONTACTS
Should you have any questions relating to the Services please email us at:
support@ridedott.com.