Please read each provision of this agreement carefully as it sets forth the legally binding terms and conditions for your use of the Services (as such term is defined below). By accessing and/or using the Services, you agree to be legally bound by this agreement. If you do not agree to this agreement and the conditions of use stated herein, including the arbitration, do not use the services.
This User Agreement and Terms and Conditions of Service (the “Agreement”) is a legally binding agreement between You (hereinafter referred to as “You”, “Your”, or “User”) and Lime Network B.V doing business as LimeBike and/or Lime (hereinafter referred to as “Lime”, “We”, “Us”, or “Our”). This Agreement states the material terms and conditions that governs Your use of Our Services as such term is defined below:
Our Services are comprised of the following:
1) The lease of Electric scooters (hereinafter referred to as “Lime-S”, “E-Vehicles” or “Products”);
2) The lease of all other related equipment, maintenance, charging of the E-Vehicles, personnel, mobile applications, other software and information provided or made available by Lime; and
3) Use of Our website, available at https://www.li.me (including any versions optimized for viewing on a wireless or tablet device), Our mobile application (the “App”) and any interactive features, and/or other services that Lime makes available and that post a link to this Agreement.
This Agreement, together with any and all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this Agreement between User and Lime.
Lime agrees to allow User to rent the Products, subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars and may be invoiced to the user in pesos at the exchange applicable at the time of rental.
1. RENTAL AND USE OF PRODUCTS.
|1.1. YOU ARE THE SOLE USER OF THE SERVICES: You acknowledge that this Agreement and Your registration as a User of Lime grants you the right to lease Products personally. Therefore, you cannot assign the rights of use or allow the use of the Product to any third party. By virtue of the above, You expressly agree that You are the sole lessee of the Products and acknowledge to be responsible for the compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Product, the Product must be used only by You. You must not allow others to use a Product that You have activated.|
1.2. YOU ARE AT LEAST 18 YEARS OLD: You represent and certify that You are at least 18 years old, and that You have a valid driver’s license pursuant to the local regulations that may be applicable.
1.3 OPERATION OR USE OF E-VEHICLES BY ANY MINOR: It is expressly prohibited for a minor to operate or use an E-Vehicle. If you allow a minor to use an E-Vehicle by activating it through Your account, you shall be responsible for any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever.
1.3. YOU ARE A COMPETENT OPERATOR: You represent and certify that You are familiar with the operation of the Product, and You are reasonably competent and physically fit to use the Product. By choosing to ride a Product, You assume all responsibilities and risks for any injuries and/or medical conditions (as further detailed below). You are responsible for determining whether conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions, whether caused by the weather or otherwise, make it dangerous to operate a Product. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
1.4. PRODUCTS ARE THE EXCLUSIVE PROPERTY OF LIME: You agree that the Products, and any Lime equipment attached thereto, at all times, remain the exclusive property of Lime. You must not dismantle, write on, or otherwise modify, repair or deface any Products, or any part of any of the Products, or any other Lime equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Product in any way. You must not use any Products for any advertising or commercial purpose.
1.5. ONLY USE PRODUCTS WHERE ALLOWED: You expressly agree that You will only use the Products in areas where the Products are allowed. Therefore, you agree not to use any Products in any restricted areas, pursuant to the local laws that may be applicable and You assume all responsibility and liability for any operation of any Product in any restricted area, including any fines or fees as a result of Your use of any of the Products in any restricted areas. Lime reserves the right to charge User up to USD$50 (fifty dollars legal currency in the United Stated of America), in Lime’s sole and absolute discretion, if You use any of the Products in any restricted areas.
1.6. COMPLIANCE WITH LAWS: The User agrees to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the Products, including those pertaining to the Products in the area where You are operating the Products, including, without limitation, Law N° 18.290 (hereinafter “Transit Law”) and other applicable laws, regarding mandatory safety measures (i.e. helmet use).
User is solely responsible and liable for any violation of any laws, rules, regulations, and/or ordinances while using the services, including improper riding and/or parking, and you agree that you are solely responsible and liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits, fees (including impounding fees charged by any local government) and/or disbursements of any kind, or nature whatsoever, as a result of using any of the Services.
1.7. PAYMENT OF FINES AND FEES: User agrees to pay any fines, fees, penalties, impounding charges, and/or any other charges incurred by Lime, that result from You parking any Product improperly, or as a result of You violating any law, rule, regulation, and/or ordinance while using the Services.
1.8. PROHIBITED ACTS: User expressly certifies and agrees not to:
1.8.1. Operate any Product in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any Products on sidewalks and/or parking Products.
1.8.2. Operate any Product while carrying any briefcase, backpack, bag, or other item if it impedes the User’s ability to operate safely the Product.
1.8.3. Use any cellular telephone, text messaging device, portable music player, and/or any other device that may distract You from safely operating any Product.
1.8.4. Operate any Product while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair Your ability to safely operate any Product.
1.8.5. Carry any other person on the Products.
1.8.6. Use locking mechanisms other than those provided by Lime.
1.8.7. Park the Product in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances. You expressly agree that You are responsible for becoming familiar with any and all applicable laws, rules, regulations, and/or ordinances in the location that You are operating any Product.
1.8.8. Park or place the Product in a manner that prevents Lime from accessing it. If the User violates this Section, Lime may charge You up to USD$450 (four hundred fifty dollars legal currency in the United Stated of America), in Our sole and absolute discretion.
1.8.9. Use locks, chains or any other device that immobilize the Products or prevent their collection by Lime.
1.8.10. Alter the shape of the Products, disarming or adding any accessory.
1.9. PRODUCTS ARE INTENDED FOR ONLY LIMITED TYPES OF USE: You agree that You will not use any Product for racing, mountain riding, stunt, or trick riding. You agree that You will not operate and/or use any Products on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. You agree not to use any Products in violation of any law, rule, regulation, and/or ordinance.
1.10. WEIGHT AND CARGO LIMITS: You must not exceed the maximum weight limit for the Product (136.06 kilos) and agree You will not carry people or animals on any Product.
1.11. NO TAMPERING: User must not tamper with, attempt to gain unauthorized access to, or otherwise use any Services in a manner that does not comply with this Agreement.
1.12. REPORTING OF DAMAGE OR CRASHES: You must report any accident, crash, damage, personal injury, stolen or lost Product to Lime as soon as possible. If a crash involves personal injury, property damage, or a stolen Product, You shall file a report with the local police department within 24 hours following the corresponding event.
1.13. ASSUMPTION OF LIABILITY BY USER: Making use of the Services, You agree that You are solely responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, as a result of using any of the Services.
Your liability does not extend to damages arising from defects or malfunctioning of the E- Vehicles provided by Lime provided that such should not have been caused by Your actions or omissions.
1.14. YOU ARE RESPONSIBLE FOR PRODUCT DAMAGE; VANDALISM: You agree to return any Product to Lime in the same condition in which such Product was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Product that You damage and/or cause damage to. You will not be responsible for normal wear and tear of the Products.
If You vandalize any Product, You shall be liable for up USD$1,500 (one thousand five hundred dollars legal currency in the United Stated of America) for each Lime-S, in Lime’s sole and absolute discretion.
1.15. AVAILABILITY AND USAGE OF E-VEHICLES: You agree and acknowledge that E-vehicles may not be available at all times. E-vehicles require periodic charging of batteries in order to operate.
You agree to use and operate E-vehicles safely and prudently and comply with all restrictions and requirements associated with E-vehicles, as set forth in any all applicable laws, rules, regulations, and/or ordinances. You understand and agree to the following:
1.15.1. The level of charge power remaining in the E-vehicle will decrease with use of the E-vehicle (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities of the E-vehicle may decrease (or cease in their entirety).
1.15.2. The level of charging power in the E-vehicle at the time You initiate the rental or operation of E-vehicle is not guaranteed and will vary with each rental use.
1.15.3. The rate of loss of charging power during the use of the E-vehicle is not guaranteed and will vary based on the E-vehicle, road conditions, weather conditions and/or other factors.
1.15.4. It is Your responsibility to check the level of charge power in the E-vehicle and to ensure that it is adequate for the ride before initiating operation of the E-vehicle.
1.15.5. Lime does not guarantee the distance and/or time that You may operate any E-vehicle before it loses charging power completely. The E-vehicle may run out of charging power and cease to operate at any time during Your rental of the E-vehicle, including before reaching Your desired destination.
2. ARBITRATION; DISPUTE RESOLUTION.
2.1. DISPUTE RESOLUTION: Lime and User understand and agree to arbitration pursuant to the provisions that follow.
2.1.2 INFORMAL RESOLUTION OF DISPUTES AND EXCLUDED DISPUTES: If any dispute, controversy, or claim arises out of or relates to the Service, the content, Your User-submissions, this Agreement, or any Additional Terms (the “Dispute”), or to any of Lime’s actual or alleged intellectual property rights (an “Excluded Dispute”), then You and Lime agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it.
Lime’s notice to You will be sent to You based on the most recent contact information that You provide us. Notwithstanding the foregoing, Lime will not be liable for not providing you with the same when no such information exists, is not current.
For a period of sixty (60) calendar days from the date of receipt of notice from the other party, Lime and You will engage in an amicable dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or Lime to resolve the Dispute or Excluded Dispute on terms with respect to which You and Lime, are not comfortable or disagree with.
2.3. BINDING ARBITRATION: If the Dispute and/or Excluded Dispute cannot be resolved as set forth above, then any and all Disputes and/or Excluded Dispute that arise before or after the execution of this Agreement, will be resolved by final and binding arbitration, rather than in court.
2.4. RULES AND LOCATION OF THE ARBITRATION: Arbitration is to be conducted and resolved by 1 arbitrator in accordance with the Regulations of the Arbitration and Mediation Center of Santiago Chamber of commerce, effective on the signing date of this Agreement. The seat of arbitration shall be Santiago, Chile. The proceedings shall be conducted in Spanish and the resulting arbitral award shall be final and binding without right of appeal, and judgment upon such award may be entered in any court having jurisdiction thereof. A dispute shall be deemed to have arisen when either Lime or User notifies the other party in writing to that effect.
You and Lime will pay the administrative and arbitrators’ fees and other costs in accordance with the applicable arbitration rules-. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Agreement and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Agreement or the Services.
2.5. ARBITRATOR’S DECISION: The arbitrators will render a written decision within the time frame specified in the Arbitration Rules of the JAMS.
The arbitrators’ decision shall be final and binding on all parties. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and costs, as long as the arbitrators include such an award of attorneys’ fees and costs in the written decision.
|2.7. SMALL CLAIMS MATTERS ARE EXCLUDED FROM ARBITRATION REQUIREMENT: Notwithstanding the arbitration clause, when applicable in accordance with the consumer protection laws, the User shall have the right to file claims before the Consumer´s National Agency (Servicio Nacional del Consumidor) (SERNAC). |
3. PAYMENT AND FEES.
3.1. FEES: You may use the Products on a pay per ride basis or as otherwise in accordance with the pricing described in the App. In each case, fees and other charges may be subject to applicable taxes and other local and/or state government charges, which may be charged and collected by Lime.
Lime will charge Your credit card or debit card (“Card”) or other agreed payment methods the amount of the fees as described in this Agreement.
3.2. PROMO CODES: Promo codes (“Discounts”) are one-time offers and can only be redeemed via the App. Lime reserves the right to modify or cancel Discounts at any time.
Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
3.3. MAXIMUM RENTAL TIME AND CHARGES: Maximum rental time is 24 hours. You agree that You will deactivate the Product rental within 24 hours of time that rental of the Product began. Notwithstanding, You may then rent again after such term has elapsed. Once Your lease of the Product has ended, You must inform Lime through the App.
You agree that You are solely responsible for being aware of any elapsed time related to timely locking of any Product.
The maximum charge is USD$200 (two hundred dollars legal currency in the United Stated of America) for any E-vehicle, all based on a 24-hour period.
After return of the Product, User will be charged by Lime with the accumulated rental charges, or the maximum 24-hour charge; whichever is less.
Products not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and therefore You may be charged up to USD$1,500 (one thousand five hundred dollars legal currency in the United Stated of America) for each Lime-S, and a police report may be filed against You. Lime may also charge a service fee of USD$25 (twenty five dollars legal currency in the United Stated of America), in Our sole discretion, for rentals in excess of 24 hours where the Product is not considered lost or stolen.
3.4. VALID CREDIT CARD OR DEBIT CARD: You must input a valid Card number and its corresponding expiration date before You will be registered to use the Services. You represent and warrant to Lime that You are authorized to use any Cards You furnish to Lime.
You authorize Lime to charge the Card for all fees incurred by You for the use of Services and/or Products. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Lime.
If You dispute any charge on Your Card account related in any way to Lime, then You must contact Lime within 10 business days from the end of the month with the disputed charge, and provide to Lime all trip information that is necessary to identify the relevant charge, such as the date of the trip and the approximate starting and ending times.
You agree to immediately inform Lime of all changes relating to Your Card that may be significant for the Service.
3.5. Pick Up Fees : If You are unable to return any Product to a valid area ( i.e., You deactivate a Product on private property, a locked community, and/or any other unreachable area), and request that the Product be picked up by Lime, then Lime, in its sole and absolute discretion, may charge You a pick-up fee up to USD$120 (one hundred twenty dollars legal currency in the United Stated of America)
If any Product accessed under Your account is abandoned without notice, You will be responsible for all fees and expenses incurred until the Product is recovered by Lime and deactivated, plus a service charge of up to USD$120 (one hundred twenty dollars legal currency in the United Stated of America), to recover the Product. Fees are subject to change in Lime’s sole and absolute discretion with prior notice to You.
4. TERMS APPLICABLE TO SUBSCRIPTIONS AND AUTORENEWALS.
To purchase access and use of any subscriptions offered through the Services, You must be at least eighteen (18) years old.
Prior to the purchase and/or rental of any Products or Services, You must provide Lime with a valid Card number and associated payment information including all of the following: (i) Your name as it appears on the Card, (ii) Your Card number, (iii) the Card type (i.e. debit or credit), (iv) the date of expiration, and (v) any activation numbers or codes needed to charge Your Card or otherwise use a valid gift card. By submitting that information to us or Our third party credit card processor, You agree to authorize Lime and/or its processor to charge Your Card at Lime’s convenience but within thirty (30) days of Card authorization.
For any product or service that You order on the Services, You agree to pay the price applicable (including any sales taxes and surcharges) as of the time You submit the order. Lime will automatically bill Your Card or other form of payment submitted as part of the order process for such price.
We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at Your sign-up or in other communications made available to You. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. Lime is not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend Our offered membership plans.
4.2. SUBSCRIPTION TERM & TERMINATION: Except in the event of a free trial offer, Your subscription will commence as of the date Your payment for a subscription is received by Lime.
Your subscription will continue in full force for the length of the term You specifically purchased or on a month-to-month term until such time as You cancel the subscription as further explained below (the “Subscription Term”).
In the event that the User cancels a subscription in the middle of the Subscription Term, User will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. Lime will have the right, upon written notice addressed to User, to terminate this Agreement, and suspend Users’ access to his subscription, if: (a) User fails to pay Lime any amount due under this Agreement; and/or (b) User materially breaches any term or condition of this Agreement.
Lime shall have the right to terminate this Agreement and suspend User’s access to the subscription at any time, upon issuing a thirty (30) days written notice addressed to User in which case User will no longer be charged for access to the subscription. Upon the expiration or termination of this Agreement for any reason, Users ‘access to, and use of, his subscription will terminate.
4.3. FREE TRIALS/PROMOTIONAL OFFERINGS: Lime may offer promotional trial subscriptions to access the Services for free for a limited time or at special discounted prices. If You sign up for a trial use, Your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms. Please be aware that when You sign up for a free trial, You will be required to provide Your Card number and Lime will confirm Your Card is valid.
When Lime processes Your Card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your Card company if You have questions in this regard. Please note that Lime does not provide price protection or refunds in the event of a price drop or promotional offering.
Once Your free trial ends, Lime or a third party payment processor will begin billing Your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges), unless you cancel Your subscription prior to the end of your free trial.
If Your free trial ends and Your subscription begins, the latter will autorenew and therefore You will be billed on a recurring basis for Your subscription period unless You cancel.
Instructions for canceling Your membership subscription are described below. Please note that You will not receive a notice from Lime informing that your free trial has ended or that the paid portion of Your subscription has begun. Lime reserves the right to modify or terminate free trials at any time, without notice and in its sole and absolute discretion.
4.4. AUTO-RENEWAL OF SUBSCRIPTION MEMBERSHIP: Your subscription to the Services will automatically renew at the end of Your Subscription Term, continuously and indefinitely, and therefore the subscription membership fee will be charged to You at the time of renewal of the same.
Once Your membership fee has been paid You will be entitled to all privileges included in the membership until the membership is cancelled by You as set forth below.
By providing Your payment method information for Your subscription, You are agreeing to pay a subscription fee, and any applicable taxes and service fees (the “Fees”), that will automatically renew, at the then current rate at the moment such charge is made, unless You cancel prior to the expiration of the current Subscription Term.
The Fees will be charged to Your original payment method automatically at the beginning of Your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of Your current Subscription Term, unless You cancel Your subscription, or Your account is suspended or terminated pursuant to this Agreement.
The renewal Subscription Term will be the same length as Your initial Subscription Term unless otherwise disclosed to You at the time of sale. The rate for the renewal Subscription Term will be the then current Fee. The Fees charged to Your payment method may vary from Subscription Term to Subscription Term due to changes in Your subscription plan or applicable taxes, and You authorize Lime to charge Your designated payment method for these amounts.
Lime reserves the right to change the pricing of subscription at any time. In the event of a price change, Lime will post the new pricing for the Services and attempt to notify You in advance by sending an email to the address You have registered for Your account.
You agree that Lime may change the pricing charge for Your subscription and any Products/Services offered in Your subscription package by providing You with notice through an electronic communication. In light of the foregoing, You agree and acknowledge that all agreements, notices, disclosures, and/or any other communications that Lime provides to You electronically satisfy any and all legal requirement that such communications be in writing. Likewise, You consent to Lime’s ability to change the pricing and the details of Our subscription packages, which shall be informed to You through an electronic communication addressed to You in the aforementioned terms.
If You do not wish to accept a price or subscription package change made by Lime, You may cancel Your subscription as described below, otherwise You will be deemed to have consented same and authorize Lime to charge the new Fees to Your payment method.
4.5. CANCELLATION OF SUBSCRIPTION MEMBERSHIP: You have the right to cancel Your subscription membership at any time upon notice to Lime. To cancel the same follow the next steps: open Your wallet in the Lime App, and click “Manage,” then click “Cancel Membership.” There are no refunds or credits for partial months. Cancellation of initial membership any time after purchase will result in forfeiture of the membership fee. To avoid a late cancellation fee or forfeiture of the membership renewal fee, membership should be cancelled prior to the end of the then current Subscription Term.
Upon cancellation, You will lose access to the areas of the Services designated for subscription members only. This could include any credit information and other data and analyses that have been displayed during Your subscription membership.
4.6. METHODS OF PAYMENT, CREDIT CARD TERMS AND TAXES: All payments to Lime are made through a third party payment processor(s). We accept any and all methods of payment that Our third party payment processor(s) accept. We currently do not accept cash, personal or business checks or any other similar payment form, although in the future We may change this policy.
Your Card issuer agreement governs Your use of Your designated Card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder.
You represent and warrant that You will not use any Card or other form of payment unless You have all necessary legal authorization to do so.
You, and not Lime, are responsible for paying any unauthorized amounts billed to Your credit Card by a third party.
You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.
Unless You notify Lime of any discrepancies within sixty (60) days after they first appear on Your Card statement, You agree that they will be deemed accepted by You for all purposes. If Lime does not receive payment from Your Card issuer or its agent, You agree to pay all amounts due upon demand by Lime or its agents.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Services. You are responsible for paying any such taxes or charges imposed on Your purchases. The forgoing excludes the value added tax (IVA) which shall be withhold by Lime pursuant to the Chilean tax laws. Lime shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with Our order policy in effect at the time of purchase.
4.7. REFUND POLICY: All purchase transactions made through the Services are subject to Lime’s return policy in effect at the time of purchase. Currently, Lime’s refund policy is to not offer any refunds for any subscriptions purchased through the Services, except in Lime’s sole and absolute discretion.
4.8. ORDER ACCEPTANCE POLICY: Your receipt of an electronic or other form of order confirmation does not signify Our acceptance of Your order, nor does it constitute confirmation of Our offer to sell. Lime reserves the right at any time after receipt of Your order to accept or decline Your order. Your order will be deemed accepted by Lime upon our delivery of the Services You have ordered.
Lime may require additional verifications or information before accepting any order. Notwithstanding the foregoing, You agree that, if Lime cancels all or a portion of Your order, Lime may (a) issue a credit to Your Card account in the amount charged for the cancelled portion; or (b) not charge Your Card for the cancelled portion of the order.
Your order will not be cancelled unless you receive a written confirmation from Lime stating that it has.
4.9. MODIFICATIONS TO PRICES OR BILLING TERMS: The rental of Products and/or Services is subject to availability.
Products and Services displayed on the Services may not be available at all times and may be substituted or discontinued at any time. Lime reserves the right, at any time, to change its prices and billing methods for Services, effective immediately after posting such modification or delivering an electronic communication to You
4.10. ACCOUNT REGISTRATION AND SECURITY: You understand that You will need to create an account to have access to the Services. Therefore You will: (a) provide true, accurate, current and complete information about You as prompted by the Services’ registration or subscription page (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If You provide any information that is untrue, inaccurate, not current or incomplete, or Lime has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lime has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).
You are entirely responsible for the security and confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account.
You will not share Your account information or Your User name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify Lime of any unauthorized use of Your account or any other breach of security of which You become aware.
You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. Lime has the right to provide Your billing, account, Content or use records, and related information under certain circumstances (except when ordered pursuant to the applicable laws and/or by means of a resolution issued by a governmental authority). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information.
5. LIMITED LIABILITY OF LIME; ASSUMPTION OF RISK BY USER.
5.1. LIMITED LIABILITY: You hereby acknowledge and agree that, except as may otherwise be limited by law, Lime and all other Released Persons (as such term is described below) are not responsible or liable for any Claim (term described below), including those that arise out of or relate to: (a) any risk, danger, or hazard described in this Agreement; (b) Your use of, or inability to use, any of the services, products, and/or related equipment; (c) Your breach of this Agreement and/or Your violation of any law, rule, regulation, and/or ordinance, including riding on sidewalks and/or parking; (d) any negligence, misconduct, and/or other action and/or inaction by You; (e) Your failure to wear a helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions while using any Product; and/or (f) any negligence, misconduct, and/or other action or inaction of any third party.
“Released Persons” means, collectively Lime and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
“Claims” means any claim, liability, lawsuit, damage, prejudice, encumbrance, action, cause of action, litigation, regulatory process, summons, fine, penalty, judgment, order, decree, transaction, deficiency, tax, and costs and expenses of any nature and type, including, but not limited to, all costs and expenses of trial, transaction, investigation, expert, litigation, enforcement and remediation, interest and legal fees, including attorneys’ fees incurred in asserting any indemnification under this Agreement, whether related to (a) any of the Services, including any of the Products, equipment or related information, and/or (b) Your use of any of the foregoing.
5.2. MAXIMUM LIABILITY TO LIME: The total liability of lime and all other Released Persons for any and all Claims, or other grounds, is limited to the sum of USD$100 (one hundred dollars legal currency in the United Stated of America).
5.3 ASSUMPTION OF RISK BY USER: You hereby acknowledge and agree that Your use of any of the Services, Products, and/or related equipment, is at Your sole and individual risk, and that Lime is not responsible of the consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever. You expressly agree and acknowledge that You fully understand the risks associated with Your use of the Services, products, and/or related equipment, and that You assume such risk.
5.3.1. You are solely and fully responsible for the safe operation of the Products at all times.
5.3.2. You agree that riding the Products involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
5.3.3. You agree that such risks, dangers, and hazards are Your sole responsibility.
Lime advises You to wear a helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions at all times while using any of the Products, whether required by law or not. You expressly understand and agree that it is solely Your responsibility to determine whether You are required to wear a helmet in the particular jurisdiction in which You are using the Products. If You do not wear a helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions, You do so at Your own risk.
5.3.4. You agree that if Your use of any of the Services, Products, and/or related equipment causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever.
6.1. INDEMNIFICATION: You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, and arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) Your use or misuse of the Services, Products, and/or related equipment, (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental authorities in connection with Your use of the Services (including the Products) or Your activities in connection with the Services; (vi) information or material transmitted through Your device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your user-submissions) (all of the foregoing, “Claims and Losses”).
You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Furthermore, Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. User agrees not to settle any Claims and Losses without, the prior written consent of a Released Persons.
7. TERM AND TERMINATION.
7.1. TERM: The term of this Agreement begins when You first use the Services, and the term ends 10 years after You last use the Services. Unless the Agreement is early terminated by any of the parties pursuant to clauses 7.2 and 7.3 of this Agreement.
Termination of this Agreement will not affect Your obligations to us under this Agreement or any Additional Terms; including the rights and licenses You grant to Lime under this Agreement, as well as the limitations on liability and the provisions regarding jurisdiction, choice of law, and mandatory arbitration.
7.2. TERMINATION BY LIME: Lime, at its sole discretion, may terminate the Agreement and consequently Your right to use the Services.
7.3 TERMINATION BY USER: User may terminate this Agreement at any time. However, (i) no refund will be issued by Lime in regard to the portion of Services not used or any other charge related to the Services; and (ii) User may still be charged any applicable Fees in accordance with this Agreement.
8. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES.
“Confidential Information” means all nonpublic information relating to User or disclosed by User to the above-referenced Lime, its affiliates or agents or Released Persons (for purposes of this clause collectively, referred to as “Lime”) that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential.
Confidential Information excludes information that (i) is or becomes publicly available without breach of this Agreement, (ii) can be shown by documentation to have been known to Lime at the time of its receipt from User, (iii) is disclosed to Lime from any third party who did not acquire or disclose such information by a wrongful or tortious act, or (iv) can be shown by documentation to have been independently developed by Lime without reference to any Confidential Information.
Lime may disclose Confidential Information as required to comply with orders of governmental entities with jurisdiction over it, if Lime (i) gives User prior written notice sufficient to allow User to seek a protective order or other remedy (except to the extent that Lime’s compliance would cause it to violate an order of the governmental entity or other legal requirement), (ii) discloses only such information as is required by the governmental entity, and (iii) uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed.
Except as provided in this Agreement, Lime will not disclose Confidential Information to anyone without Users’ prior written consent.
The obligations of Lime pertaining to Confidential Information, will be in force from the execution date of this Agreement for 10 years following the termination of this Agreement.
9. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED.
9.1. User acknowledges that telephone calls to or from Lime may be monitored and recorded and expressly agrees to such monitoring and recording. Lime shall not deliver or exchange such information to third-parties.
9.2. You verify that any contact information provided to Lime, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to us.
Should any of Your contact information change, including Your telephone number, You agree to notify us immediately by calling Customer Service at +56 2 25739394 or emailing to [email protected]. You agree to indemnify, defend, and hold Lime harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from failure to update Your contact information, Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance.
9.3. By voluntarily providing Your telephone number(s) to Lime, You expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to special offers, Your account, any transaction with us, and/or Your relationship with Lime.
10.1. SAFETY CHECK: Before each using any Product, You shall conduct a basic safety inspection of the Product, which includes the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient of battery charge power; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to ride the Product if there are any noticeable issues, and to immediately notify Lime’s customer service to alert Lime of any problems.
10.1.1. If at any time, whether prior to, during, or after riding any Product, You discover any defect or notice any other potentially unsafe condition on any Product, no matter how slight, You must not use the Product, or, if You are already riding the Product, You must immediately cease riding when it is safe to do so.
10.1.2. You agree to immediately report the defect or condition to Lime related to the Product or Services.
10.1.3. If You do not strictly comply with the aforementioned requirements, You shall be totally and completely liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, and You shall indemnify and hold harmless Lime for the same.
10.2. LOST OR STOLEN PRODUCTS: If a Product is not returned within 48 consecutive hours, then the Product may be deemed lost or stolen, in Lime’s sole and absolute discretion, and therefore a police report may be filed by Lime against You with corresponding authorities. The data generated by the Services’ computer is conclusive evidence of the period of use of the Products by You. You must report any disappearance or theft of any Product to Lime immediately or as soon as possible.
10.3. HELMET; SAFETY: Lime advises You to wear a helmet at all times while using any of the Services, Products, and/or related equipment, whether required by law or not.
10.3.1. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Product is operated, You agree to comply with such laws and regulations at all times.
10.3.2. You agree that neither Lime nor the Released Persons are liable for any injury or death suffered by You while using the Services, whether or not You are wearing a helmet at the time of injury.
10.3.3 You expressly acknowledge and agree that You may need to take additional safety measures or precautions not specifically addressed in this Agreement, and You expressly acknowledge and agree that determining whether You must do so is Your sole responsibility - not Lime’s responsibility.
10.4 ROUTES: You agree that Lime does not provide or maintain places to ride the Products, and that Lime does not guarantee that there will always be a safe place to ride any particular Product. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of Lime’s control. Lime shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route. You must obey all laws at all times in choosing a route. It is Your sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using Lime’s Services and/or Products.
10.5. LIMITATIONS ON RENTAL. Lime’s Services and Products and such rental availability is intended to be used only by those persons who are able and qualified to operate the Products on their own and who have agreed to all terms and conditions of this Agreement; alternative means of public and private transportation are available to the general public and to You individually.
10.6. LIMITATION ON AVAILABILITY OF SERVICES: Lime makes every effort to provide the Services 365 days per year, but does not guarantee that the Services will be available at all times, as Force Majeure events (as such term is described below) or other circumstances might prevent Lime from providing the Services.
Access to the Services is also conditioned on the availability of Products. Lime does not represent or warrant the availability of any Services or the availability of any Products at any time. You agree that Lime may require You to return a Product at any time.
10.7. FORCE MAJEURE: Lime and its affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, seizures, riots, acts or orders of government, acts of terrorism, or war.
10.8. LICENSE TO IMAGE AND LIKENESS: By means of this Agreement User hereby voluntarily, and irrevocably gives full and unconditional consent to Lime and its affiliates, successors to: (1) use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; and (2) to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time.
Furthermore, User gives Lime and its affiliates, and successors full the assignment of: (a) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes; and (b) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Lime may decide in its sole and absolute discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity.
10.9. TRADEMARKS: All trademarks, service marks and trade names of Lime used herein (including but not limited to: LimeBike name, LimeBike corporate logo, Lime name, Lime corporate logo, the Services name, the Services design, and/or any logos) are trademarks or registered trademarks of Lime or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Lime trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Lime’s prior written consent. You shall not use Lime’s name or any language, pictures or symbols which could, in Lime’s judgment, imply Lime’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
10.10. ACCESS AND INTERFERENCE: You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on Our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures We may use to prevent or restrict access to the Services.
10.11. SOLICITED SUBMISSION POLICY: Where Lime has specifically invited or requested submissions or comments, Lime encourages You to submit content (e.g. comments to blog posts, participation in communities, tips, etc.) to Lime that has been created for consideration in connection with the site (“User Submissions”). User Submissions remains the intellectual property of the individual user.
By posting content on our Site, You expressly grant Lime a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights.
Any such User Submissions are deemed non-confidential and therefore Lime shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, or pornographic material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law.
Lime has the right to delete of refuse to post any User Submission, at its sole and absolute discretion.
10.12. TRANSACTIONAL PARTNERS: In some cases, We partner with another company (ies) to co-promote their services within Our Services. In these cases, You are transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their corresponding agreement are posted. When using these partner pages, You are bound by the partner agreement in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partner’s agreement, related to the Services provided by Lime Our Agreement will prevail.
10.13. WIRELESS FEATURES: The Services may offer certain features and services that are available to You via Your wireless device. These features and services may include the ability to access the Services’ features and upload content to the Services, receive messages (including text and SMS messages) from the Services, and download applications to Your wireless device (collectively, “Wireless Features”).
User acknowledges that standard messaging, data, and other fees may be charged by Users carrier to participate in Wireless Features.
If We discover that any information provided is false or inaccurate, We may hold, suspend or terminate Your access to the Services at any time. Your participation in the Services are completely voluntary.
10.14. UPDATES TO TERMS: As Our Services evolve, the terms and conditions under which We offer Services may be modified. As such, Lime will notify You of any update to the terms and conditions by posting a link with the then current version of the Agreement on the webpage, App and/or any other reasonable manner of notice which Lime chooses. Furthermore, User agrees that any use of the Services after the aforementioned notice constitutes Users agreement to the revised version of this Agreement, which will be effective as of the first transaction made under its terms and conditions. User may reject any new, revised or Additional Terms by discontinuing use of the Services and related services.
10.15 HEADINGS. The headings of this Agreement are for reference purposes only and are to be given no effect in the construal or interpretation of this Agreement.
ACCEPTANCE OF AGREEMENT
I certify that I am at least 18 years old, and that I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the parent and/or legal guardian of the minor User, who is at least 16 years old, and that I am at least 18 years old. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement. I authorize use of the Services by the minor User through my account. I will supervise and ensure that the minor User complies with all of the terms set forth in this Agreement and I expressly agree to indemnify and hold Lime harmless against any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, as a result of the minor’s use of the Services.