TERMS AND CONDITIONS

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern your access or use by you of applications, websites, products, content, products and services (“Services”) made available by FloatilityPte Ltd including its related parties (”e-floater”). 

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Floatility may 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.

Floatility’s collection and use of personal information in connection with the Services is described in Floatility’s Privacy Statements located at www.e-floater.com/j/privacy.

 

1.1. CONSIDERATION

In consideration of Floatility’s renting an e-scooter to you, you agree to the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 

1.2 MODIFICATION

Floatility may amend the Terms related to the Services from time to time. Amendments will be effective upon Floatility’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.

 

2. SERVICES

The Services constitute a technology platform that enables users of Floatility mobile applications or websites provided as part of the Services (“Application”) to rent e-scooters. Unless otherwise agreed by Floatility in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

 

2.1 LICENSE

Subject to your compliance with these Terms, Floatility grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely about your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Floatility.

 

2.2 RESTRICTIONS

You may not: (i) remove any trademark, copyright or other proprietary notices from any portion of the Services; (ii) 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 by Floatility; (iii) reverse engineer, decompile or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) 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; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems.

 

2.3 PROVISION OF THE SERVICES

You acknowledge that portions of the Services may be made available under Floatility's various brands or request options.

 

2.4 THIRD PARTY SERVICES

The Services may be made available or accessed in connection with third party services and content (including advertising) that Floatility does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Floatility does not endorse such third party services and content and in no event shall Floatility be responsible or liable for any products or services of such third party providers. 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 Applications 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.

 

2.5 OWNERSHIP

The Services and all rights therein are and shall remain Floatility’s property or the property of Floatility’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Floatility’s company names, logos, product and service names, trademarks or services marks or those of Floatility’s licensors.

 

3. YOUR USE OF THE SERVICES

 

3.1 USER ACCOUNTS 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be in good health condition for riding to obtain an Account. Account registration requires you to submit to Floatility 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 Account information may result in your inability to access and use the Services or Floatility’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Floatility in writing, you may only possess one Account.

 

3.2 USER REQUIREMENTS AND CONDUCT

Floatility reserved the rights to forfeit the user's deposit if user fails to follow the User Requirements and Conduct.

You SHALL NOT: (i) ride Floatility e-scooter on the road, (ii) pillion riding, (iii) transfer Floatility e-scooter to any other area without booking through Floatility (or partner's) app, (iv) disassemble or remove any parts of Floatility e-scooter, (v) without the prior consent of Floatility, publish any commercial or non-commercial advertisements, (vi) infringe any other party’s lawful rights, including without limitation intellectual property rights, (vii) submit, upload or publish any defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content.

You SHALL: (i) be responsible for all losses of the e-scooter and third party liability caused directly or indirectly by you during the rental period, (ii) in the event of rain, seek shelter and stop using the e-scooter, (iii) report through Floatility application if you face any problem using the e-scooter, ending the trip or involve in an accident, (iv) take note of the e-scooter battery level while using it, (v) end your trip by parking the e-scooter at designated station.

In the event the e-scooter under your usage is confiscated by traffic police or any authority due to violating law & regulations, you shall bear the full cost of the e-scooter, payable to Floatility.

 

You may not authorise third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 

You should always make sure that the trip has been ended properly in Floatility mobile application. If you are unable to end the trip, you shall take a screenshot/photo of the issue/bug and contact Floatility immediately. 

 

3.3 TEXT MESSAGING

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. Should you have questions about receiving text (SMS) messages from Floatility, you may contact Floatility through help@e-floater.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

3.4 PROMOTIONAL CODES

Floatility may, in Floatility’s 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 Floatility establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) 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 Floatility; (iii) may be disabled by Floatility at any time for any reason without liability to Floatility; (iv) may only be used pursuant to the specific terms that Floatility establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Floatility 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 Floatility 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 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 Applications and any updates thereto. Floatility 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”). After you have received services obtained through your use of the Service, Floatility will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law.

You need to top up your account before you can start using the Services. All Charges are due immediately and payment will be deducted from your Floatility account from the balance of your Account.

 

Floatility credits cannot be refunded, transferred or donated to others. 

 

If your Floatility credit is negative, you will not be able to start another trip until you top up your account credit.

Floatility 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. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY.

 

5.1 DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FLOATILITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FLOATILITY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, QUALITY, SUITABILITY OR AVAILABILITY 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 AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Particularly, for the hosts and landlords of the e-scooter sharing station, they do not endorse, recommend, or make representations with respect to the provision of the Floatility e-scooter sharing service and are not liable for the provision of the e-scooters and other equipment under the Floatility e-scooter sharing service.

 

5.2 LIMITATION OF LIABILITY

FLOATILITY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. FLOATILITY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF FLOATILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLOATILITY SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE.

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 APPLICABLE LAW.

 

5.3 INDEMNITY

You agree to indemnify and hold Floatility and its officers, directors, employees, agents, partners and clients harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including injurers in accidents.

 

6. GOVERNING LAW; ARBITRATION 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of Singapore.

 

7. OTHER PROVISIONS

 

7.1 NOTICE

Floatility may give notice by means of a general notice on the Services, or by text (SMS) messages. You may give notice to Floatility by writing an email to help@e-floater.com.

 

7.2 GENERAL

You may not assign or transfer these Terms in whole or in part without Floatility’s prior written approval. You give your approval to Floatility for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Floatility’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and Floatility as a result of the contract between you and Floatility 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. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

 

 

 

For more information on how to secure your transactions and the privacy of personal information, please refer to our security policy.