PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES.
The materials contained on this website are protected by applicable copyright and trademark law. You are not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You are not allowed to attempt to extract the source code of the app, and you should not try to translate the app into other languages or make derivative versions. The app itself, all trademarks, copyright and database rights and other intellectual property rights related to the app, belongs to Qick Mobility AB. Qick Mobility AB is committed to ensuring that the app is as useful and efficient as possible. We reserve the right to make changes to the app and charge you for its services, at any time and for any reason. We will never charge you for the app or its services without notifying you in advance. This User Agreement & Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and Qick Mobility AB, doing business as Qick (“Qick,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that govern your use of our services, For Your use of the Services, Qick requires that You (“You”) agree to all terms and conditions in this Agreement, as applicable.
“Agreement” means this agreement.
“Scooters” means the Qick electrical scooters
“Electrical Qick-scooter” means the electrical scooters that Qick rents out
“Electrical vehicle” means the Qick electrical scooters, mobility service or similar sharing mobility hardware being rent from Qick.
“Services” means the electrical vehicle, the website, the Qick app, and its related services as described and made available on the website and the Qick app, along with any other related equipment services and the information made available.
“Usage Area” is the areas defined and designated in the Qick app in which the electrical vehicle may be operated and made available.
“Qick” means Qick Mobility AB, business registration number 559120-6221, Peppargatan 27, 70218 Örebro Sweden.
“Qick App” refers to all Qick proprietary software applications accessible via computer and mobile devices and by which you may access the electrical vehicles.
“Website” refers to Qick’s website: https://www.Qickscooters.com
We agree to allow you to rent the products, subject to the terms and conditions set forth in this Agreement. Unless otherwise indicated,
all monetary values set forth in this Agreement shall be deemed to be denominated in Swedish krona (SEK).
1 General Terms and Conditions
Agreements and Parties
You are the lone user of the services offered by Qick, and thus, are solely responsible for complying with Qick’s terms. The parties to this agreement are you and Qick. It is your responsibility to ensure that Qick’s property is used in the correct way by you and no one else.
1.1.2 Age limit
You certify that you are at least 18 years of age when you accept these terms.
1.1.3 Qicks property
By agreeing to the terms, you agree to use Qick’s services such as the app, website, intellectual property and the electric scooter in a respectful manner. You agree to use the Services for whatever purpose the Service is dedicated to. Furthermore, this means that you as a customer may not restrict Qick’s property by using Qick’s services for purposes other than Qick’s.
1.2.1 You and Qick’s electric scooter
You are responsible for assessing your overall driving ability, weather conditions such as slipping, medical conditions, and other factors that may affect your ability to use Qick’s electric scooters safely. The use of Qick’s electric scooters must be performed in a safe and respectful manner, that means that you need to take various factors that may pose a risk to you and the public, into account, while driving.
Keep these factors in mind:
Your current driving ability
Other potential risks
how to use Qick’s electric scooter.
Furthermore, acceptance of these terms certifies that you will not use the electric scooter in the event of a defect on the electric scooter. It is your responsibility as a customer to do a safety check of the entire electric scooter. Qick completely discourages anyone from using an electric scooter in the case of a defect. Qick strongly encourages you to check the battery level before using the scooter to make a judgment as to whether or not you will be able to reach your target. We discourage you to use a low-battery electric scooter. In the event of a discovered defect, you are required to notify Qick.
You agree that Qick’s electric scooters are only available during good weather conditions. Additionally, you agree that the scooters will not be available at all times of the day during the season due to the battery life of the electric scooters. The availability of electric scooters is limited during repairs, force majeure and circumstances that make it impossible for Qick to provide the service.
184.108.40.206 Force Majure
It is a clause in this agreement that can be termed as ”excusable breach of contract”. Force majors aim to release contract violations because the crime is beyond the control of the parties. The party cannot foresee, prevent or influence the event in question. In other words, unpredictable events that neither Qick nor you can control will free both parties from being held liable for, for example, faults or damages.
Examples of situations where neither Qick nor you can influence the outcome are natural disasters such as flooding and war. Unforeseen events are, for example, hurricanes and lightning strikes.
Qick can request the deactivation of an electric scooter at any given time if required.
Qick disclaims responsibility for your ride. It is incumbent on you as a customer to think about your own safety such as wearing a helmet while driving to avoid injuries in, for example, a collision. Qick strongly recommends you to use helmets while driving.
1.3.1 The electric scooter is an electric vehicle
You agree to use an electric scooter. An electric scooter requires that you handle it carefully and with the utmost safety on your part. See section 1.5 where you agree that the electric scooters must be charged in order to be in use and used for the intended purposes.
1.4 Liability, limitation of liability
1.4.1 Laws and Regulations
You as a customer are responsible for complying with the laws and regulations that are regulated in the country in which the electric scooter is being used. It is your responsibility to activate and deactivate the electric scooter in accordance with the laws and regulations that exist in the country in which the electric scooter is being used.
1.4.2 Area restrictions
When downloading the Qick app and you have created an account, added a payment method and activated your rental time, you can start using your Qick scooter. To deactivate the rental period, deactivate it via the Qick app.
Qick’s electric scooters can only be deactivated within certain areas. Please check the Qick map to see the areas in which your electric scooter can be deactivated. By complying with these terms, you understand that the scooter can not be deactivated everywhere, meaning that the rental period continues until you are in an approved area. Qick strongly recommends reviewing the Qick map before using the scooter.
It is strictly forbidden to transfer a Qick scooter from one city to another.
The electric scooters may not be parked on private properties. Prohibition of parking on car roads, indoors, hidden places such as bushes or the like.
It is strictly prohibited to prevent other users from unlocking the electric scooter by hiding, leaving it activated or otherwise making it impossible for other users to unlock the scooter.
1.4.3 Purpose of use
You agree not to use the electric scooter for any purpose other than transporting yourself between different locations in an environmentally friendly manner. You must not use the electric scooter to compete with anyone, play with it at play parks, etc. Only use it for intended purposes.
You also agree to drive on legal roads where there is no prohibition for you to drive. Furthermore, you agree not to drive on gravel, mountains, lawns, water (pool, sea, pond, streams, lakes, etc) and other places where you can damage both yourself and the electric scooter.
1.4.4 Unauthorized Use of Qick’s Property
It is strictly forbidden to attempt to access, hack, modify, manipulate or repair Qick’s materials, hardware, information, the Qick app, codes (such as source codes), website or electric scooter. You may only use our app, website and our electric scooter for the purpose for which you agree to this agreement.
1.4.5 Max weight
Qick’s electric scooters have a maximum weight limit of 100 kilograms, you agree to never exceed the maximum weight limit.
1.4.6 Heavy objects on Qick’s electric scooter
You agree not to hang objects on the electric scooter or carry heavy objects while using the electric scooter which may cause damage to the property, impede your driving ability or prevent a safe ride. It is strictly forbidden for more than one person to ride the electric scooter. Furthermore, you are prohibited from using a mobile phone while driving as it will pose a safety risk and by using a scooter, you automatically agree to these terms.
When using an electric scooter, you should do so while being in a completely sober condition. Things that can influence your sober state of mind includes drugs, alcohol, and medication that can affect your driving ability. By agreeing to these terms and conditions you agree not to be influenced by anything that may affect your driving ability.
1.4.7 Obligation to report incidents
If you crash, take part in an accident, injure yourself, damage the electric scooter or lose an electric scooter, you must report this to Qick as soon as possible.
220.127.116.11 If theft or damage occurs
If you happen to suffer a personal injury, material damage or damage caused by a third party, you must call and report the incident to the police in the municipality in which you are located and report the incident to Qick immediately.
1.4.8 Reporting theft
If the electric scooter is stolen during your rental period, you are obliged to call and report the incident to the police. A scooter can or will be considered stolen if:
1. The electric scooter is parked in an unapproved area.
2. The rental period exceeds 24 hours.
3. The electric scooter’s GPS is deactivated.
4. Qick suspects that the electric scooter is being moved by unauthorized users.
5. Circumstances causing Qick to suspect that the electric scooter has been lost or stolen.
1.4.9 Who is responsible for theft?
The person using the scooter most recently is responsible for whether it is stolen or lost if there is no reason to suspect that you should not be liable. In the event that Qick suspects you being responsible for a stolen or lost electric scooter, Qick is entitled to take appropriate action under this Agreement against you. You may be required to pay damages to the extent required to ensure that the Qick’s electric scooter is placed in the same position as if the damage had not occurred.
You will never be liable for normal wear and tear. You agree that the electric scooter must be returned in the condition that it was originally found in at the time of activation. You agree that you are responsible for all types of abuse to the electric scooter, consequences arising from your actions and behavior, losses, expenses and costs incurred in connection with a lost or stolen scooter.
1.4.10 Battery level
You understand and accept that the battery level is affected by your driving, which means that your speed can be reduced and stopped completely if the battery is running out. Qick completely refuses to guarantee the battery level of an electric scooter upon activation, it is up to you as a customer to check the battery level. By accepting our terms and conditions, you understand that the battery level may be full, medium or low due to other customers who have used the electric scooter before you.
Qick disclaims all liability with regard to the battery level as they are affected depending on your driving, weather, and roads. There are no guarantees that Qick can provide regarding the batteries and it is, therefore, your responsibility to check the battery level from time to time during use.
1.5 Your risk assumption
You are solely responsible for driving safely with the electric scooter. You understand that electrical machines can cause malfunctions. Malfunctions can cause damage. Furthermore, you understand that your performance on an electric scooter involves risks and dangers to you and others. Personal injury and property damages are risks and dangers that cannot always be predicted or avoided. You agree that these types of injuries are your responsibility and that you decide for yourself whether or not you are going to wear a helmet or other protective equipment during use, as Qick strongly recommends. In addition, you understand that if your use of Qick’s Services results in any injury or damage to another person or property, you can be held liable for the resulting damages and related costs. By using our services you take full responsibility for the related risks and dangers that come with the use of our scooters and you agree that Qick will not be liable for any damages or costs caused by you in terms of person, electric scooter or property.
1.6 Report incidents
Acceptance of these terms means that you certify that you will not use the scooter in the event of a defect on the scooter. It is up to you as a customer to do a safety check of the entire scooter. Qick completely discourages you from using a scooter that has defects. Qick encourages you to check the battery level of the scooter before use to make a judgment as to whether you will be able to reach your target. Qick recommends that you avoid using a low-battery scooter. If you find defects on the scooter during a security check, you are required to notify Qick.
2 Fees and various payment methods
By paying per use, you gain access to the services offered by Qick. The instructions for using our electric scooters comes in connection with your registration which you can easily follow in order to use our services. When paying for the use of an electric scooter, you will receive an order confirmation sent to the email you provided when you registered.
You can correct errors, such as input errors, up until you submit your payment to Qick. As soon as you send the payment, you have agreed to Qick’s terms and conditions. The fees include taxes such as VAT. You will be charged via the card you provided to Qick as a payment method. You will not be charged until you accept the payment. Once you accept the payment, you will be charged for the service.
2.1.1Valid credit / Payment card required
You must enter a valid card number and expiration date before registering in order to use Qick’s services. You further agree that you are the rightful owner of the credit/debit card being used. You also agree to Qick charging you for the service provided. You contest the fee by emailing email@example.com, it should be done as soon as possible and it is up to you to give Qick the information needed to resolve the situation. Examples of information required can be route information, route dates and start and end times. You must notify Qick immediately of any changes to your credit/debit card.
2.2 Discount code
One-time offers such as discount codes are redeemed via the Qick app. The discounts can run for a longer period of time, be student discounts, company discounts or a one-off campaign. Qick reserves the right to change and/or cancel discounts at any given time. Please note that discounts are limited to customers and accounts created. The discounts cannot be combined with other offers.
2.3 Rental time
You can rent an electric scooter for a maximum of 24 hours, meaning that you agree to deactivate the electric scooter within 24 hours of activating it. If you intend to rent it for more than 24 hours, be sure to deactivate it within the first 24 hours and then activate it again. Qick does not keep track of time for you, you agree to keep track of the times and adhere to the 24-hour rule.
2.4 Collection fees
In the event of you not being able to return the product to a valid area (thus if you park in an area such as private property, fenced area, etc.) and ask Qick to pick up the product for you, you will be charged 800 SEK. If you abandon the product without deactivating it within an approved area and fail to notify Qick about this, you will be liable for a sum of 2000 SEK to restore the product. If you fail to return your Qick scooter, a police report will be made against you and you will be charged 9500 SEK. Fees are subject to change by decisions made by Qick.
4.1 Return Policy
Under the Consumer Purchase Act, you have the right to terminate the contract you have entered into with Qick, within 14 days. Your right of withdrawal is also regulated in the Law on distance contracts and agreements outside business premises. You hereby agree that the right of withdrawal is valid only if you have not used the product in question and will notify Qick within the time limit. This means that you cannot claim your right of withdrawal if you have used the product and paid for it.
In order to assert your right of withdrawal, you must notify Qick by sending an email to firstname.lastname@example.org.
4.2 Right of withdrawal
If you claim your right to withdrawal and fulfill the requirements in accordance with point 4.1, we will make a refund to you as soon as possible. However, we have a 14-day grace period to do this from the time we become aware of your case. Qick will only refund the amount you paid to Qick, whether or not a discount code was used. The refund is made to the credit/debit card registered with Qick unless otherwise stated or agreed upon.
5 Final agreement
You agree that this Agreement applies with full effect and precedes any other agreements signed in accordance with Qick.
You certify that you are at least 18 years of age and have read and accepted the terms of this agreement.
6 Interpretation of this Agreement
Headings of this Agreement do not affect this Agreement and its contents and that the Agreement is not exclusive in its meaning.