ECHO CITY RENTAL, LLC Terms and Conditions, T&C:

 

Introduction:

These Terms and Conditions (“T&C”) forms an Agreement between ECHO CITY RENTAL, LLC including its related parties, (hereinafter referred to as “ECHO CITY”, “we” or “us”) and the User (hereinafter referred to as the "User") as regards downloading, the use of ECHO CITY software, and rental of ECHO CITY e-scooters or any vehicle provided by the agreement.

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These T&Cs govern the access or use by you of any vehicle or assets rented by ECHO CITY, applications, websites, products, content, electric scooters or e-bikes and all other related equipment and e-vehicles, including without limitation, maintenance, personnel, services, applications, information provided, published by ECHO CITY, and services (“Services”) made available by ECHO CITY including its related parties. In consideration of ECHO CITY renting an e-scooter or any vehicle to you, you agree to this agreement of T&C.

All trademarks of ECHO CITY, including without limitation, ECHO CITY name, ECHO CITY logo, ECHO CITY stamps, ECHO CITY pictures, the Services name, the Services plans, and any other relevant or/and related icons or logos or symbols) (collectively, “trademarks”) are trademarks of ECHO CITY or its members, accomplices, merchants or licensors. You may not utilize, replicate, republish, or alter ECHO CITY trademarks without ECHO CITY’s prior written approval. 

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This T&C includes information and updates, supplements, appendices of terms and rules, and additional rules, regulations, and policies that We may introduce as and when necessary. In this T&C agreement, “Applicable Law” means every law, ordinances, statutes, rules, codes, orders, decrees, regulations, municipal bylaws, judgements, decisions, rulings or awards of any governmental, administrative authority or agency or commission, having jurisdiction over the relevant matter or services used, or the same as issued by any real estate developer or residential or/and commercial or/and medical or/and business or/and educational or/and industrial or/and or any other private compound property management or any other public facility including but not limited to entertainment & festival or/a d tourism or/and recreational facilities & locations, as applicable.

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It is the responsibility of the user to ensure this Agreement is read and understood in its entirety before riding and/or using any of echo city services. Using and of Echo City’s Services by a user is construed as the user having agreed to the terms herein and is therefore legally binding. By clicking the “accept” button you acknowledge & accept the provisions here after:

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Registration
To use a greater part 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 ECHO CITY certain personal information, such as your email, mobile phone number, sometimes national/passport identification or/and driver's license number or/and photocopy. 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 ECHO CITY’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 ECHO CITY in writing, you may only possess one account. 

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Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) or/and Emails messages as part of the normal business operation of your use of the Services. Should you have questions about receiving text (SMS) or/and Emails messages from ECHO CITY, you may contact us. You acknowledge that opting out of receiving text (SMS) or/and Emails messages may impact your use of the Services.

Promotional Codes

ECHO CITY may, based on 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 ECHO CITY 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 ECHO; (iii) may be disabled by ECHO CITY at any time for any reason without liability to ECHO; (iv) may only be used pursuant to the specific terms that ECHO CITY establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ECHO CITY 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 ECHO CITY 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 T&C.

License and Restrictions

Subject to your compliance with these T&C, ECHO CITY grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable 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 ECHO CITY.

The services and all rights therein are and shall remain ECHO CITY property or the property of ECHO CITY licensors. Neither these T&C nor your use of the Service convey or grant you any rights to: (i) remove any trademark, copyright or other proprietary notices from any aspect of the Services; (ii) reproduce, amend, create derivative works based upon, distribute, lease, license, sell, resell, transfer, transmit, stream, publicly display, broadcast or otherwise exploit the Services except as expressly permitted by ECHO CITY; (iii) reverse engineer, disassemble or decompile 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 unauthorized access to or impair any aspect of the Services or its related systems.

Third Party Services

The Services may be made available or accessed in line with third party services and content (including advertising) that ECHO CITY does not control. You acknowledge that different terms and conditions as well as privacy policies may apply to your use of such third party services and content. ECHO CITY does not endorse such third party services and content and in no event shall ECHO CITY be responsible or liable for any products or services of such third party providers. In addition, 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.

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ECHO CITY may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the T&C you agree to receive such advertising and marketing. ECHO CITY retains the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the ECHO CITY website. You agree and allow ECHO CITY to compile and release information about you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your sole responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with via the Service and/or advertising or marketing material supplied via the Service.

 

User Requirements and Conduct​

You may not authorize 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 any type of identity.

You shall: (i) be responsible for all losses of the ECHO CITY rented asset(s) including, but not limited to, e-scooter, e-bikes, and docking station and third party liability caused directly or indirectly by you during the rental period, (ii) seek shelter and stop using the e-scooter in the event of rain or tough windy or/and dusty weather. You shall not: (i) transfer the whole ECHO CITY e-scooter, e-bikes, and docking stations or any part of it to any areas by means other than normal riding whether the ECHO CITY e-scooter or/and e-bikes are locked or not, (ii) ride the e-scooter or/and e-bike on the road (in the event that the e-scooter or/and e-bike is confiscated by traffic police due to violating law & regulations, you shall bear the full cost of the e-scooter or/and e-bikes, payable to ECHO CITY chargeable from your registered payment method and/or billable to you to be payable immediately), (iii) without the prior consent of ECHO CITY, publish any commercial or non-commercial advertisements, (iv) infringe any other party’s lawful rights, including without limitation intellectual property rights, (v) submit, upload or publish any defamatory, libelous, hateful, pornographic, obscene, unlawful, violent, or otherwise offensive content.

Network Access and Devices

You are responsible for getting 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. ECHO CITY does not guarantee that the Services, or any aspect thereof, will function on any particular hardware or devices. Additionally, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Maintenance
ECHO CITY is responsible for the daily running, maintenance and repair of the e-scooter and/or e-bike, and docks. But it does not mean that ECHO CITY is under any obligation to ensure that all available e-scooter and/or e-bike, and docks are in a trouble-free condition in real time. The rider should confirm the integrity of the components, efficiency, and familiarize with the performance of the equipment and safety devices before using an e-scooter and/or e-bike, and docks.

If the rider finds that the e-scooter and/or e-bike, and docks are damaged, he/she shall stop using, and notify ECHO CITY about the problem. If the rider disregards the broken e-scooter and/or e-bike and continues to use it, the rider should take responsibility for the behavior as all damages cost would be chargeable on and payable by the user, immediately.

Payment
You understand that use of the Services may lead to charges to you for the services you get (“Charges”). After you have received services gotten through your use of the Service, ECHO CITY will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law. All Charges are due immediately and payment will be deducted from your ECHO CITY wallet or debited from your payment card on the postpaid method.

Unless for the postpaid payment methods, once unlocked, you should pay for the cost of using an e-scooter or/and e-bike. We will inform you of the price of the e-scooter before use. The balance in your wallet and its unrefunded, and can only be used to pay riding cost. It has no expiration date, and cannot be transferred or donated to others. We will inform you of each charge.

In the event of loss, damage, or confiscation of the e-scooter, you may be charged up to the full price of the scooter or any rented asset on a case-by-case basis.

The maximum duration for usage of an e-scooter is 24 hours, and you shall return it to a parking station within this period. If the rented asset including but not limited to e-scooters and/or e-bikes, was rented at a location of no parking station, it must be returned to the same location within the hours of operations. If you do not return the e-scooter and/or e-bike to a parking station/location  within aforementioned hours, it is deemed lost. We will investigate the matter and if wrongdoing is determined, a fine of up to SAR1000 may be imposed, and might be subject to lodging of a police report.

 

Other Restrictions Uses

Users shall not do any of the following acts:

 

• Use any e-scooter or/and e-bike if the user is younger than 18 years of age.

• Use any e-scooter or/and e-bike if the user has any existing physical or mental condition that would inhibit him/her from safely operating the equipment.

• Operate an e-scooter or/and e-bike while carrying any item that impedes User’s ability to safely operate the equipment.

• Allow any other person to use the e-scooter or allow more than one person to be carried on the e-scooter or/and e-bike.

• Carry objects weighing in total more than 10 kg.

• Use any e-scooter or/and e-bike that exceeds a period of 24 consecutive hours, otherwise the ECHO CITY equipment is deemed lost or stolen. Members’ credit or debit card will be charged the full cost of the equipment. A police report may be filed with local authorities.

• Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts User from the safe operation of the equipment.

• Use the e-scooter or/and e-bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding.

• Operate an e-scooter while under the influence of alcohol, drugs, or any other substance that impair User’s ability to safely operate the equipment.

• Violate any applicable local authorities, state, and/or administrative law & regulations.

• Operate or use an e-scooter or/and e-bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.

• Ride or operate an e-scooter or/and e-bike that has any defect, fails to operate as a properly functioning e-scooter or that is in need of repair.

• Continue using the e-scooter or/and e-bike if it, or any component of it, should become defective or malfunction.

• Remove or modify any accessories, parts or components of any e-scooter or/and e-bike.

• Ride the e-scooter or/and e-bike without paying applicable user fees at the time they become due.

• Keep the e-scooter or/and e-bike in possession or on the streets or/and in the middle of any sidewalk after his/her trip has ended.

 

Additional, including COVID-19, Restrictions

• More than one user while using the service of riding the e-scooter or/and e-bike is not permitted. 

• Wearing a mask while using the e-scooter or/and e-bike is required. 

• Sanitizing your hands before and after using the e-scooter or/and e-bike is required.

• Do not touch your face, eyes, and/or nose for any reason before washing your hands after riding.

• If You are within 18 – 22 years old, you represent and confirm that You have the permission of Your parent or legal guardian to enter into this Agreement in their complete knowledge and awareness.

• When You unlock the vehicle, you confirm you are 18+ years old and you are the only user of that specific vehicle.

• Once You unlock/use/ride the vehicle, we are not liable in any form if You are under 18 years and If You shared the vehicle with an underage (less than 18 years person You will be hold every liability of any action].

• Any incident/accidents/fines due to usage of the vehicle in non-compliance of rules/regulations/this T&C, you will be the solely responsible as an account holder.

• You agree to indemnify Us or any of the associated employees of any liability arising from use of ECHO CITY e-scooter or/and e-bike.

• You are familiar with the operations: You represent and certify that you are familiar with the operations of using the service.

• The service user is solely responsible for taking all precautionary safety measures and procedures including but not limited to, wearing Helmet and reflective vest and following public safety and local traffic police instructions and guidelines while riding in or through public facilities and streets. Not to use the e-vehicles in a no-riding zone without granting permissions from relevant authorities. Any violations resulted from non-compliance of the aforementioned, the service user will be held accountable and liable under all circumstances. 

 

 

Service Limitations

User acknowledges and agrees that from and after the date that ECHO CITY makes e-scooters and/or e-bikes available to the public for rental, ECHO CITY may suspend all or part of its e-scooters and/or e-bikes rental program at any time, may relocate docking stations, reduce the number of e-scooters and/or e-bikes available for rent and otherwise operate its e-scooters and/or e-bikes program based on sole discretion. Userfurther acknowledges that ECHO CITY may suspend the availability of e-scooters and/or e-bikes during adverse weather conditions, or may be required to suspend the rental of e-scooters and/or e-bikes by the city in which the e-scooters and/or e-bikes are located. User shall not be entitled to a refund of any fees for unused rental periods unless ECHO CITY e-scooter rental service is suspended for more than 180 days. ECHO CITY does not represent or warrant that e-scooters and/or e-bikes will be available for rental at any locations at any time. ECHO CITY may require the return of its e-scooters and/or e-bikes at any time.

Disclaimer

The services are provided on an “as is” and “as available” basis. ECHO CITY disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Additionally, ECHO CITY 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 exclusively with you, to the highest extent permitted under applicable law.

Limitation of Liability

ECHO CITY shall not be liable for indirect, exemplary, special, incidental, punitive or consequential damages, including lost profits, personal injury, lost data, or property damage related to, in line with, or otherwise resulting from any use of the services. ECHO CITY shall not be liable for any damages, liability or losses resulting from your use of or reliance on the services or your inability to access or use the services, even if ECHO CITY has been advised of the possibility of such damages. ECHO CITY shall not be liable for delay or failure in performance resulting from causes beyond ECHO CITY reasonable control. The limitations and disclaimer in this section do not purport to limit liability or change your rights as a user that cannot be excluded under applicable law.

Indemnity
You agree to indemnify and hold ECHO CITY and its directors, officers, employees and agents harmless from any and all claims, losses, demands, liabilities, and expenses (including attorneys’ fees) arising out of or in line with: (i) your use of the Services or  goods gotten via your use of the Services; (ii) your breach of any of these T&C; (iii) your violation of the rights of any third party, including injuries in accidents.

 

General
You may not assign or transfer these T&C in whole or in part without ECHO CITY prior written approval. You give your approval to ECHO CITY for it to assign or transfer these T&C in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of ECHO CITY equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and ECHO CITY as a result of the contract between you and ECHO CITY 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 T&C but the legality, validity and enforceability of the other provisions in these T&C 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 T&C. These T&C 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 T&C, the words “including” and “include” mean “including, but not limited to.”

ECHO CITY may modify or change this Agreement from time to time without your consent. Modifications or change will be effective upon ECHO CITY posting of such updated Terms at this location or the modified policies or supplemental terms on the applicable Services. Service user is fully responsible to visit the agreement relevant link to read and check modifications. Otherwise, your continued access or use of the Services after such posting constitutes your consent to be bound by the T&C, as modified.