TERMS OF USE

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country, of applications, websites, products, content and services, including the dockless e-scooter sharing and rental platform (“Services”) made available by Gogreen Holdings Pte. Ltd. including its subsidiaries, associates and related parties (“Gogreen”). 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1.1. CONSIDERATION

In consideration of Gogreen renting an e-scooter to you, you agree to these Terms. You have read, understood, accepted and agreed with these Terms and your access and use of the Services constitute your agreement to be bound by the same. This establishes a contractual relationship between you and Gogreen. If you do not agree to these Terms and wish to discontinue using the Services, please do not continue using or accessing the mobile Gogreen Scooter Sharing application (“Application”) and/or the Services. These Terms expressly supersede prior agreements or arrangements Gogreen have with you. 

1.2 MODIFICATION

Supplemental terms may from time to time be issued, so as to apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Such terms will be effective upon Gogreen’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended. You agree that it shall be your responsibility to review these Terms regularly.

Gogreen may also immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

2. SERVICES

The Services constitute a technology platform that enables users of the Application or websites provided as part of the Services for the use and hire of e-scooters. Download the Application from App Store or Google Play store and sign up in order to use our Services. You select pay-per-use payment option by saving your payment card details. This does not require any deposit.

2.1 LICENSE

Subject to your compliance with these Terms, Gogreen and its licensors, where applicable, grants you a personal, limited, non-exclusive, non-sub-licensable, non-assignable, revocable, non-transferrable license to: 

(a) use the e-scooters; 

(b) access and use the Application on your personal device solely about your use of the Services; and 

(c) access and use any content, information and related materials that may be made available through the Services, 

solely for your own personal, non-commercial purposes, subject always to the strict compliance with these Terms at all times when utilising the Services. Any rights not expressly granted herein are reserved by Gogreen and its licensors, where applicable.

2.2 RESTRICTIONS

You shall not: 

(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;

(b) remove any trademark, copyright or other proprietary notices from any portion of the Services and the e-scooter;

(c) reproduce, amend, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted in writing by Gogreen;

(d) reverse engineer, decompile or disassemble the Services to build a competitive product or service, including but not limited to the e-scooters and/or the Application except as may be permitted by applicable law and as expressly permitted in writing by Gogreen;

(e) link to, mirror or frame any portion of the Services on any other server or wireless or internet-based device; 

(f) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; 

(g) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems;

(h) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or

(i) use the Services to: 

(i) send spam or otherwise duplicative or unsolicited messages; 

(ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third-party privacy rights; 

(iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; 

(iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; 

(v) attempt to gain unauthorized access to the Services or its related systems or networks; 

(vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or 

(vii) engage in any conduct that could possibly damage Gogreen’s reputation or amount to being disreputable.

2.3 INTELLECTUAL PROPERTY OWNERSHIP

Gogreen and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Services and by extension, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. 

Gogreen’s name, the Services, the software and/or the platform and the product names associated with the Services are trademarks of Gogreen or third parties, and no right or license is granted to use them. The Services and all rights therein are and shall remain Gogreen’s property or the property of Gogreen’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Gogreen and/or its licensors: 

(a) in or related to the Services except for the limited license granted above; or 

(b) to use or reference in any manner Gogreen’s company names, logos, product and service names, trademarks or services marks or those of Gogreen’s licensors; or

(c) any ownership or right to ownership over the Services (including but not limited to the e-scooters) and the said rights.

For the avoidance of doubt, the term the Services herein shall include its respective components, processes and design in its entirety.

2.4 THIRD PARTY SERVICES

During use of the Services, you may enter into correspondence with, purchase products and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Gogreen does not endorse such third-party services and content and in no event shall Gogreen be responsible or liable for any products and/or services of such third-party providers. 

Gogreen may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidise the Services and/or to earn additional revenue. By agreeing to these Terms you agree to receive such advertising and marketing.

Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Application developed for Apple iOS, Android mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

3. YOUR USE OF THE SERVICES

3.1 USER ACCOUNTS 

In order to use the Services, you must register for and maintain an active personal user Services account (“Account”). Your Account is personal to you and is not transferrable. You shall not authorise third parties to use your Account. You shall not assign or otherwise transfer your Account to any other person or entity. Account registration requires you to submit to Gogreen certain personal information, such as your name, email and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date information in your Account may result in your inability to access and use the Services. Gogreen may also terminate and restrict the access and use of the Services. You are responsible for all activity that occurs under your Account. 

Unless otherwise permitted by Gogreen in writing, you may only register for and possess one Account at any one time. In the event you are found to possess more than one Account at any one time, Gogreen shall be entitled to terminate any additional Account(s) beyond your first account, with immediate effect and without any prior notice to you. 

3.2 USER REQUIREMENTS AND CONDUCT

You agree to comply with all applicable laws when using the Services, and you shall only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, or injury/death to other persons. 

You must be in good health condition for riding and to use the Services. Before using any e-scooter, you must verify the safe operation of the e-scooter and satisfy yourself that you are able to operate it. In addition, you shall read carefully and comply with all the information in the “How to Ride” and “Safety” in the Application. The safety checks to conduct include, without limitation: 

(a) Effectiveness and functionality of the electric brakes and mechanical brakes;

(b) Fit and flexibility of the handle bar;

(c) Ensure that the headlights are working. Headlights must be turned on during the hours of darkness;

(d) Effectiveness and functionality of throttle (or accelerate) button;

(e) All light reflectors are in good working condition;

(f) Ensuring that the e-scooter bell is working;

(g) Ensuring that the e-scooter is free from any discernible defect that may affect the safe operation of e-scooter; and

(h) Ensuring that the e-scooter is suitable for a person of your height, weight and build.

DO NOT USE THE e-scooter if it does not satisfy any of the above requirements or is otherwise unsafe for operation. In such event, you must also immediately notify us of (i) the registration number of the e-scooter in question; and (ii) the safety issues associated with that. It is your responsibility to ensure that you use, ride and operate the e-scooter safely at all times. You must be below 100kg in weight in order to operate the e-scooter.

To start trip, scan the e-scooter QR code, give a kick and accelerate gently. You are only allow to scoot at maximum speed of 25km/h on cycling path and 10km/h on footpath. 

To end trip, park the e-scooter at any Gogreen designated location as shown in Application, scan the QR code and payment will be automatically deducted from your Gogreen wallet. Do not park (or leave unattended or abandon) any e-scooter in any area, space or manner that may contravene any applicable laws and/or regulations or which is not designated for the parking of e-scooter. If you park the e-scooter at non-Gogreen designated locations or in any public area, you may be liable to pay a service charge/penalty. It is your responsibility to park the e-scooter in an orderly fashion, and only in Gogreen’s designated parking locations so that other users can also enjoy the use of the e-scooter. The maximum continuous rental time allowed of any e-scooter is four hours, after which Gogreen reserves the right to lock and retrieve the e-scooter and impose a retrieval fee (in addition to rental fees). The e-scooter must be returned to and parked at a designated parking location before its battery runs out.

Gogreen reserves the right to fine you or ban you from using our Services if you fail to follow any of the User Requirements and Conduct as stated in these Terms. Gogreen reserves the right to block or remove you from the Services without prior notice or consent from you. 

You shall, at all times, when using the e-scooter: 

(a) obey all applicable laws and regulations (including those related to traffic, road safety and parking);

(b) comply with the provisions of the Active Mobility Act, Act 3 of 2017 and all regulations thereunder as well as all applicable laws and regulations;

(c) not use any mobile phone devices while riding;

(d) not operate any e-scooter under the influence of alcohol, drugs, medication or other substances that may impair the safe operation of the e-scooter;

(e) not allow any other person (of any age or size) to be carried on the e-scooter at any time as the e-scooter is designed to carry only one rider;

(f) ride in an orderly manner, with due regard for the safety of others;

(g) not allow any other person to use the e-scooter which has been unlocked by you;

(h) always stop to render assistance and exchange particulars when involved in an accident;

(i) immediately report any accident to Gogreen via the feedback option in the Application or send an enquiry form through our Website with all the relevant information;

(j) observe all applicable speed limits;

(k) keep off the roads and other areas where the use of e-scooters is prohibited;

(l) be responsible for all third-party liability caused directly or indirectly by you during the rental period; 

(m) seek shelter and stop using the e-scooter in the event of rain; and

(n) exercise due care and reasonable judgment in the usage of the e-scooter.

In addition to the above, you are encouraged to wear all necessary safety gear (helmet, protective pads and proper shoes) to mitigate the risk of personal injury. At the end of the e-scooter usage, you shall always make sure that the trip has been ended properly in the Application. If you are unable to end the trip, you shall take a screenshot of the issue and contact us immediately via the feedback option in the Application or send an enquiry form through our website with all the relevant information.

You are responsible to pay any applicable fines, penalties or other fees which may be imposed by local authorities from time to time, arising out of your use of the e-scooter.

3.3 TEXT MESSAGING

By creating an Account, you agree that Gogreen and its partners may send you informational short message service as part of the normal business operation of your use of the Services. Should you have questions about receiving such text messages from Gogreen, you may contact Gogreen through feedback@gogreenscootersharing.com. You acknowledge that opting out of receiving such text messages may impact your use of the Services.

3.4 PROMOTIONAL CODES

Gogreen may, in Gogreen’s absolute sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Gogreen establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: 

(a) must be used for the intended audience and purpose, and in a lawful manner; 

(b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Gogreen; 

(c) may be disabled by Gogreen at any time for any reason without liability to Gogreen;

(d) may only be used pursuant to the specific terms that Gogreen establishes for such Promo Code; 

(e) are not valid for cash; 

(f) may expire prior to your use; and

(g) cannot be used after their expiry date. 

Gogreen reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Gogreen determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

3.5 NETWORK ACCESS AND DEVICES

You are responsible for obtaining and paying for the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. Gogreen does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. PAYMENT

You understand that use of the Services may result in charges to you for the services you receive (“Charges”). Charges shall be as published and updated from time to time. After your use of the Services, Gogreen will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law. In addition, you shall pay a S$1.00 non-refundable “kick-start” fee every time you use our Services.

The e-scooter shall be deemed to be rented, and consequently, time starts to run, from the time the e-scooter is unlocked and removed from Gogreen’s designated parking location, and will continue to run until the e-scooter is returned to, and securely locked at Gogreen’s designated parking location. The trip will not end, and the Charges will continue, unless the e-scooter is returned to Gogreen’s designated parking location. It shall solely be your responsibility to ensure that the e-scooter is properly and securely locked in Gogreen’s designated parking location. You will be fully liable for any damage and/or loss to the e-scooter arising out of your failure to properly and securely lock the e-scooter at Gogreen’s designated parking location. At the end of each trip, the trip fare will be deducted from your Gogreen wallet automatically.

You agree that Gogreen shall be entitled to revise the Charges from time to time. You further agree we may recover any losses owed to us by charging your credit card associated with your Account without your further consent.

Gogreen may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

5. REPRESENTATIONS AND WARRANTIES

By using the Services, you expressly represent and warrant that you are legally entitled to accept and agree to these Terms, and you have the right, authority and capacity to use the Services and/or Application and to abide by these Terms. Without limiting the generality of the foregoing, the Services is not available to persons under the age of 18 or such persons that are forbidden for any reason whatsoever.

By using the Services and/or Application, you agree that:

(a) You are at least 18 years old;

(b) You do not weigh more than 100 kg; 

(c) You will only use the Services for lawful purposes;

(d) You will use the Services for your own sole, personal, and non-commercial purposes;

(e) You will only use the Services for the purpose for which it is intended to be used;

(f) You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

(g) You will not use the Application to cause nuisance, annoyance or inconvenience;

(h) You will not use the Application for purposes other than obtaining the Services;

(i) You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, non-commercial use;

(j) You will not copy any content displayed through the Services, for republication in any format or media;

(k) You will not try to harm the Application in any way whatsoever;

(l) You will not copy, or distribute the software or other content without written permission from Gogreen;

(m) You will keep secure and confidential your account password or any identification we provide you which allows access to the Services and not to allow others to use your identity or user status;

(n) You will provide Gogreen with proof of identity as it may reasonably request or require, otherwise Gogreen may in its absolute discretion terminate your Account. You acknowledge that in the event your Account is terminated on this ground, any monetary credit in the Account shall be forfeited and shall not be refundable;

(o) Only one account can be registered on one device;

(p) You will provide accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times. You agree that Gogreen may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Gogreen has the right but not the obligation to terminate your use of the Services at any time with or without notice;

(q) You will only use an access point or data account which you are authorized to use;

(r) You shall not employ any means to defraud Gogreen or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Gogreen to encourage new subscription or usage of the Services by new or existing users;

(s) You are aware that when requesting the Services by SMS (Short Message Service) or use of the Services, standard telecommunication charges will apply;

(t) You shall not impair or circumvent the proper operation of the network which the Services operates on;

(u) The Services is provided on a reasonable effort basis;

(v) Your use of the Services will be subject to Gogreen’s Privacy Policy as may be amended from time to time; 

(w) As the rider, you are in sole and full control of the e-scooter. Consequently, you represent to Gogreen and undertake that you have the physical and mental ability, skill and experience to handle the e-scooter in a safe, responsible and lawful manner; and

(x) You will comply with all applicable laws.

You may only access the Services using authorised means. Gogreen is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. Gogreen reserves the right not to permit you to use the Services should you use the Application with an incompatible or unauthorized device or for purposes other than the purposes for which the Application is intended to be used.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Gogreen or any third party as a result of any breach of these Terms, including but not limited to loss or damage associated with lost/damaged e-scooters and fines or penalties imposed as a result of breach of these Terms.

6. DISCLAIMER, EXCLUSION OF LIABILITY AND INDEMNITY

6.1 DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOGREEN DISCLAIMS, TO THE HIGHEST AND MAXIMUM EXTENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN ADDITION, GOGREEN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH WITH GOGREEN OR ANY THIRD-PARTY PROVIDER, INCLUDING BUT NOT LIMITED TO THE RISK OF INJURY AND/OR DEATH TO YOURSELF AND/OR OTHERS, REMAINS SOLELY AND ABSOLUTELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

GOGREEN DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS IN THE SERVICES, OR (E) THE SERVER(S) THAT MAKE THE SERVICES AND/OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN ADDITION, THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. GOGREEN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

6.2 EXCLUSION OF LIABILITY

GOGREEN SHALL IN NO EVENT WHATSOEVER BE LIABLE TO YOU OR ANYONE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ECONOMIC LOSS, LOST OF PROFITS, LOST OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OR RELIANCE OF THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF GOGREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOGREEN SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOGREEN’S REASONABLE CONTROL. GOGREEN SHALL IN NO EVENT BE LIABLE FOR ANY BREACH AND/OR CONTRAVENTION BY YOU OF ANY LAWS, INCLUDING BUT NOT LIMITED TO THE PROVISIONS OF THE ACTIVE MOBILITY ACT, ACT 3 OF 2017 OR SUCH EQUIVALENT STATUTE, SAVE WHERE SUCH BREACH ARISES SOLELY DUE TO THE FAULT OF GOGREEN.

GOGREEN DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD-PARTY PROVIDERS INCLUDING ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE GOGREEN FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY PROVIDERS INCLUDING ADVERTISERS AND/OR SPONSORS. GOGREEN WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS INCLUDING ADVERTISERS AND/OR SPONSORS. GOGREEN CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS, INCLUDING ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICES, (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE GOGREEN FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICES.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER ANY APPLICABLE LAW.

6.3 INDEMNITY

By agreeing to these Terms upon using the Services, you agree to defend, indemnify and hold Gogreen and its licensors, officers, directors, employees and agents harmless from and against any and all claims, costs, demands, losses, liabilities, and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: 

(a) your use or misuse of the Services or services or goods obtained through your use of the Services; 

(b) your breach or violation of any of these Terms or any applicable law or regulation, whether or not referenced herein; 

(c) your violation of the rights of any third party, including innocent parties in any accidents arising out of and/or in connection with your use of the Services; and

(d) your violation of any laws.

7. DAMAGE AND LOSS OF E-SCOOTER

In the event of damage to the e-scooter while in your use, Gogreen will, where possible effect repairs to the e-scooter. You will be fully liable for the repairs, capped at a maximum of S$1,000, save in the event that such losses and/or damage result from mechanical failure of the e-scooter. 

Gogreen reserves the rights to bill the full cost of the e-scooter to you and other associate costs in the events the e-scooter under your usage is confiscated by traffic police or any authority due to violating applicable law and regulations or if the e-scooter is lost while it is hired to you. The e-scooter will be deemed to be lost if you do not return the e-scooter to any Gogreen designated station and end trip within 24 hours of usage.

8. GOVERNING LAW AND DISPUTE RESOLUTION 

These Terms and any non contractual obligations arising out of or in connection therein, is governed by and will be construed in accordance with Singapore law. You agree that any dispute, controversy, or claim, including any contractual obligations arising out of or in connection with these Terms, a dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.

9. OTHER PROVISIONS

9.1 NOTICE

Gogreen may give notice by means of a general notice on the Application, electronic mail to your email address in our records or by text messages. You may give notice to Gogreen by writing an email to feedback@gogreenscootersharing.com.

9.2 GENERAL

You may not assign or transfer these Terms in whole or in part without Gogreen’s prior written approval but may be assigned without your consent by Gogreen. Any purported assignment by you in violation of this shall be void.

No joint venture, partnership, employment or agency relationship exists between you and Gogreen as a result of the contract between you and Gogreen or use of the Services. 

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. 

The failure of Gogreen to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gogreen in writing.

These Terms constitute the entire agreement and understanding between you and Gogreen with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.