- You hereby declare and confirm that you have read, understood and agreed to the terms and conditions of use, including the Express Waiver of Liability.
- SakuraZ may, at any time, modify these terms and conditions of use or revoke any part of them without prior notice and in such event, they will remain in force towards you upon their assimilation on the applet. If you did not deliver notice to the Company as to your wish to discontinue your engagement with it, you will be deemed having agreed to the modification in the terms and conditions of use
- If you do not agree with these terms and conditions of Service, please do not use the Service.
- SakuraZ offers to the public the option to hire and use a vehicle of the type electric scooter(hereinafter: the “Vehicle”), pursuant to the provisions set forth in these terms and conditions of use, applicable laws on privacy, the rates and the conditions appearing in the applet and any other document that will apply to the relationship of the parties . These documents constitute an integral part of the terms and conditions of use and are called hereinafter collectively: the “Use Documents”.
- You hereby declare that you are aware that you hired the Vehicle on a ‘first come first serve’ basis and therefore SakuraZ cannot assure that it would be able to supply the Vehicle to any client at all times.
- Company offers several services, from which you may choose, by clicking the designated key in the applet:
- Ordinary travel service –the cost consists of service activation plus the cost of service usage according to usage duration.
- Standby – service consists of providing a vehicle on standby. The waiting time will be considered from the moment you click the designated key for standby in the applet until the end of the waiting time the same way or according to the instructions provided in the applet. Standby price is same to ordinary service price.
- These Services can be provided for a fee or free of charge according to SakuraZ’s decision. A Service provided free of charge for a period of time will not detract from the user’s duty to pay for this Service where SakuraZ decides to claim it.
User registration and consents upon registration
- A person who wishes to join as a user of the Services must be over 18 years of age and hold all the licenses and/or permits that may be required to use the Vehicle pursuant to applicable law. Here in and further in this document applicable law denotes the effective legislation of the relevant jurisdiction of the respective party or the event as the context may indicate.
- In order to use our Services, you must download the applet “WingZ”, register and fill out all the necessary details.
- After the registration has been done as required, WingZ app will send to your mobile number an SMS with a registration code which you will be required to provide as a condition precedent to continue the registration process. In case SMS will not be available, you may request a registration code through email.
- Without derogating from the provisions set forth herein above and below, by registering you agree and approve that:
- You wish to join as a client of the Company and as a user of the Services of the Company.
- You have carefully read the terms and conditions of use (including the Waiver of Liability), you approved them and agreed to them and you will not have any claim against them.
- The information that you provided during registration is complete and accurate and you undertake to maintain it up-to-date.
- You are under obligation to notify SakuraZ of any change in your personal information and in particular as to the billing details.
- You are aware that the WingZ app account was assigned to you uniquely and you are exclusively responsible to maintain the confidentiality of your WingZ app account details including the user name, the password and the billing details.
- You undertake not to transfer your account details to others and not to allow others to use your account and not to use an account of others.
- You know that if Company is informed that you have allowed others to use your account, including people who have been forbidden to travel in accordance with the instructions of the use and law, Company is entitled to immediately block your account without having to prove anything, in accordance with its sole discretion.
- You are solely responsible for any action that will be carried out using your account by way of the WingZ app including the liable for any damage and/or loss that may be caused to you and/or to any third party as a result of someone else using your account, including any use that you did not authorize.
- If you become aware that your account details are lost and/or stolen and/or confiscated and/or were used without authorization and/or otherwise used in violation of security as to your account details, you must immediately notify SakuraZ of these facts.
- You undertake to pay any payment and/or fine imposed on SakuraZ by the local authorities for damage you have caused, in accordance with the data found in the company only without the need to prove it. This payment will be realized using the method of payment you have entered without prior notice.
- The service is provided AS IS. You will have no claim and/or demand against the Company or anyone of its behalf for the service properties, characteristics, limitations or compatibility for your requirements and demands.
- WingZ app collects and uses the personal details that you provide during the registration process and the use of the services, such as you telephone number, your email address, your credit details, your bank details, the location where you started your journey, the location of the journey destination, travel location in real time, the commencement time of the journey, the termination time of the journey, the duration of use and such other details.
- While using the service, WingZ app uses "Connection" in your device; you may cancel this authorization but you must take into account that when you cancel the authorization to use Bluetooth, WingZ app will not be able to provide you with the best use experience.
- Such details and all the data that were provided or received with the Company, including personal details, means of payment, usage history and data as to the location of the user, are kept in the databases of the Company and in the data of the Company. SakuraZ may keep the information and use it for its purposes subject to the restrictions set forth in these terms and conditions of use, and the provisions of applicable law including the Law on Protection of Personal Data
- Company reserves the right to disclose any personal information about you or about your use of the Service including billing details, telephone number, email address and such other information, without prior notice and without obtaining your consent, upon the occurrence of one of the following events: (1) A need to comply with the requirements of applicable law and/or to comply with an order of a competent court or a competent authority. (2) To defend the rights of the Company and/or of anyone on its behalf and/or third parties. (3) To enforce these terms and conditions of use including charging you for using the Service. (4) To provide the Service. (5) To improve and enhance the Services and the contents offered. (6) To modify and/or revoke existing Services and contents. (7) To collects statistical information about your use of the Service. (8) To verify details and for information security purposes.
Receiving advertising and marketing messages
- Company will send you informative messages as well as “push notifications” as part of the ordinary course of business of the use of the use of the services.
- Company may send to you various advertising and marketing messages through any means of communications that are set forth in your account and/or in designated documents that are sent to you, including transaction summary documents, invoices and so forth. You may order to revoke your authorization to receive advertising and marketing messages by way of means that the Company will provide to you.
- Company may send direct mailing to you, as such term is defined under the Law on Protection of Personal Data (hereinafter: the “Direct Mailing”), using your personal details for that purpose. You may order to revoke your authorization to receive Direct Mailing by way of means that the Company will provide to you.
- You confirm that you are aware that WingZ app implements advanced information security mechanisms in order to secure the information on the website and on the application and makes its best efforts in order to prevent hacking, computer penetration, information disclosure, disruptions and interference in the activities of the computerized systems used by the website. However, the Company cannot provide any assurance of complete prevention of penetration to your computer systems and you will not have any claim and/or demand in the event of hacking into your computer systems. Company will not be liable for any event of disclosure and use of the above-mentioned information arising from unauthorized penetration by others.
- You undertake that you will not take any action intended to unlawfully penetrate in to the computer systems of WingZ, scan for access routes or opening into such computer systems, develop the security systems or the encryption protecting the website and the information on it or assist in actions as set forth above.
Restrictions on use and copyrights
- The Vehicle is intended solely for private use, any commercial use of the Vehicle is strictly prohibited.
- Company grants you a license to use the Services and its contents. It is clarified that this license is non-transferable, non-resaleable, you may not make any duplicates of it or make any commercial use of it
- Any contents that appears in the framework of the service, such as artworks and graphic design, photographs, pictures, video, sounds, drawings, trademarks, service marks, trade names, databases, the computer code of the website, contents and files contained in it and any other details pertaining to the operation of the website is owned by Company and/or those working with it – the license holders, the sellers, the agents and/or the contents providers of Company.
- You may not copy, disseminate, transmit, present, carry out, duplicate, publish, grant a license, carry out derivative works, transfer or sell any information or work included in the service. The Service, the contents and all the rights related to it will remain the exclusive property of Company and/or those working with it – the license holders, the sellers, the agents and/or the contents providers of Company.
- Without derogating from the general nature of the above, the name WingZ, SakuraZ, the trademarks of the Company as well as the domain name of the website, the trademarks on the website (regardless of whether they are registered or not) are all the exclusive property of the rights owners, i.e. SakuraZ. They may not be used without obtaining the express prior written consent of Company.
- You undertake to use the Service only for the purpose that such service is provided. Any unauthorized use will automatically revoke the permits and/or the licenses that we granted to you and will cause you to be charged to pay compensation to us and to any other injured third party.
- You may find on the website / the application photographs of Vehicles; such photographs are for illustration purposes only. The appearance of the Vehicles in the photograph may be different from their actual appearance.
Internet Access and device
- You are responsible for the Internet connectivity of your device and for the access fees charged by any third party such as an Internet service provider or a cellular service provider in order to use the services. Note that when using our service, the cellular network data and your fees may apply and you are under duty to check this with the suppliers that provide such services to you.
- You are aware that the services provided by Company are provided using the Internet and the cellular networks, the quality and the availability of the services might be affected by factors that are beyond the control of Company and therefore Company will not be liable for any malfunctions caused by factors beyond its control as well as malfunctions arising from a force majeure event.
- SakuraZ does not undertake that the Service, or any part of it, will operate on any particular software or device. You are responsible to purchase and update a compatible software or device that may be required to access the services and to use them and for other updates.
- You are exclusively responsible to verify prior to renting the Vehicle that your mobile device is in good working order and able to carry out the lease process including its termination, including the Internet, a battery and a camera.
Term of lease
- Leasing the Vehicle will begin by you clicking on the designated key on the applet and the approval of the lease by WingZ app. Immediately upon the commencement of the lease the electric Vehicle will be unlocked and you will be able to use it for travel.
- The lease of the Vehicle will terminate when you update through the applet that you finished using the Vehicle and after you have parked the Vehicle at a dedicated docking station/area and after you clicked on the designated key in the applet for ending in the applet. If returning the Vehicle failed for example due to the battery having low charge in your mobile device or a faulty connection to the Internet, you are responsible to immediately notify of that fact to the customer service of SakuraZ in order for SakuraZ to terminate the lease of the Vehicle manually. You are responsible until the lease of the Vehicle is terminated as required.
- In any case, Company will terminate the lease of the Vehicle after a period of four hours, this in order to prevent possible fraud cases, or cases when user’s phone battery or internet is not accessible to finish the ride.
- Upon returning and parking the Vehicle, you must ensure that it does not form an obstruction to other users or to third parties on the road or on the sidewalk and that it is placed in accordance with any law, including bylaws of the city in which you have used the service. For example you may not park the Vehicle on trees, signs, street lights, parking meters, garbage containers, fences of assets, benches, containers, opposite or next to emergency and service exits, pedestrian walkways, structures, locations where the Vehicle might cover advertisement, zones reserved for unloading and loading, locations with temporary prohibitions such as work sites, tree trimming and photography, locations that are reserved for users or other services and so forth.
- If you use the Vehicle in a way that does not respect the provisions of the applicable law and the instructions of the Use Documents such as parking the Vehicle in contravention of the provisions of the law and the use documents, non-termination of the service that you have used, exiting the activity area without restoring the vehicle properly, and so on, you may incur additional charges, including fines on behalf of the Local Authority beyond payment for use.
Option to cancel the Service
- You may cancel your engagement with SakuraZ at any time by providing written notice to SakuraZ. If such notice is provided, the engagement will terminate within 5 business days.
- It is clarified hereby that the termination of the engagement will not derogate from your duty to pay for your obligations that arose prior to the termination of the engagement.
- SakuraZ may terminate the engagement with you or block your access to the services supplied without prior notice in each of the following cases : (1) you do not comply with your obligations pursuant to the terms and conditions of use; (2) you abused the services of the Company; (3) you interfered with the good working order of the website / application; (4) you delivered erroneous information to the Company; (5) you gave another person permission to use your account, including whoever has been forbidden to travel according to the use documents and the law; (6) there is a problem with charging your credit card; (7) you violated applicable law; (8) you used the Vehicle in an unsafe manner; (9) you caused damage to the Vehicles.
- When deleting an existing account, the funds in the application's internal balance are reset and cannot be returned to the user.
Usage and responsibilities
- You are aware that the use of the Vehicles is limited to the perimeter of use that may be updated from time to time and appear of the WingZ app (hereinafter: the “Limits of Use”). It is strictly prohibited to leave the Limits of Use so described. Leaving the Limits of Use so described means taking the Vehicle without permission and in violation of applicable law. SakuraZ may take all the measures available to it in any event of prohibited departure outside the Limits of Use, including stopping the service, reporting to the competent authorities in charge of law enforcement, cancellation of the engagement, imposing a fine and charging the full amount of the expenses involved in returning the Vehicle (including charging you fully, pursuant to the prices of the Company for its users, for the full duration of time commencing from the time you began using the Vehicle until it was fully returned to be used by the public within the Limits of Use.
- You undertake to drive the Vehicle on the designated roads pursuant to the provisions of applicable law. Driving the Vehicle will be on a lane designated for driving bicycles and in the absence of such lane on the road pursuant to applicable law.
- You are aware that local authorities will be allowed to set different use policies, whether in different areas and in different cities and that you have the duty to comply with the applicable law.
- You alone may drive the Vehicle that you leased, and it is strictly prohibited to drive other people on the Vehicle except for you.
- You may lease only one Vehicle at a time using your account.
- You undertake not to remove, modify or add accessories, part or components to the Vehicle that you leased.
- You undertake not to leave the Vehicle that you rented unattended at any time during the lease unless pursuant to the option for use that we have made available for you (such as: reserve or standby when applicable).
- You must notify SakuraZ immediately in the event that the Vehicle is stolen during the lease and/or impounded and/or if you had an accident or third parties had an accident and/or their property during the lease.
- During the lease you are exclusively responsible for the Vehicle. Therefore, any event or damage that was caused to the Vehicle to any person or to property as a result of using the Vehicle during the lease will be under your exclusive responsibility as further detailed below in Express Waiver of Liability section.
- During the lease you are exclusively responsible for any traffic violation and/or criminal offenses and/or torts and to any other action that you will carry out in connection with the use of the Vehicle that you leased, including any tickets for not using the protective equipment as may be required pursuant to applicable law and/or any repair or addition to it, including a helmet and a reflective vest (hereinafter: the “Protective Equipment”) and/or impounding of the Vehicle. SakuraZ reserves the right to identify you to the competent authorities if you perpetrated a violation during the lease and charge you with the related costs and/or the costs related to the offense and/or tort and/or any such action and with the full damage involved in your actions and/or omissions.
- You are exclusively responsible to the good working order and integrity of the Vehicle and to return it undamaged and in good working order when you finished using it.
- You must return the Vehicle in the same condition that you received it. Failure to do so may result in your full material responsibility for recovery of the Vehicle to the same condition that you received it.
- You undertake that if SakuraZ requires it you will provide information as to the exact location where you parked the Vehicle for a period of 48 hours after returning it.
- SakuraZ is responsible for the ongoing maintenance of the Vehicle but cannot undertake that the Vehicle would be in good working order at all times. You are responsible for checking that the Vehicle that you wish to lease is in good working order prior to commencing the ride.
- Prior to leasing the Vehicle, you must check the battery charge and whether it would be sufficient and suitable for your needs, such as: the distance and ride time that you require. If the battery is not sufficiently charged and suitable for your needs, you are requested to choose another Vehicle subject to the availability of existing Vehicles. In any event you will have no claims against SakuraZ for the battery being out of charge during the ride because the responsibility for checking the battery charge prior to use is your exclusive responsibility.
- Prior to leasing the Vehicle, you must check the existence of dynamic updates in the applet’s activity map, such as the location of the vehicles, use limits, rates, and so on.
- You are aware that the Company is entitled to set various rates, segmenting the hours of activity, areas, cities and so on, at its discretion, and that it is your responsibility to check the service fee for your travel before renting the Vehicle.
- It is your responsibility to update SakuraZ in the event of any malfunction immediately upon identifying such malfunction.
- The information that is provided by SakuraZ as to the battery that remains for the ride and so forth in an approximation only and is perfected according to various parameters. The manner of driving, the geographic route, the weight of the user and other parameters may affect the data significantly. SakuraZ is not responsible for the data of the Vehicle including its ancillary equipment (battery and more) and will not be liable for any damage that will occur to the user, inter alia, based upon such data.
Insurance, safety and liability
- As a condition precedent to any lease you confirm and agree that: (1) you are experienced in riding the Vehicle that you leased and you are familiar with how to drive it safely; (2) you are in good physical and mental condition to drive the Vehicle that you chose; (3) you have the relevant Protective Equipment for the Vehicle that you chose if such equipment is required pursuant to applicable law and you will use such equipment, if so required pursuant to applicable law, at all times during the ride; (4) you are familiar with the provisions of applicable law relating to riding the Vehicle that you chose and you undertake to implement them including driving on the designated roads pursuant to the provisions of applicable law. You may ride on a bicycle lane and if such lane is not available on the road pursuant to applicable law; (5) you are well aware that driving the Vehicle holds a risk for accident, inter alia due to drivers, pedestrians and road conditions and you must remain alert and ride with extra caution in order to prevent accidents; (6) you are well trained in riding the Vehicle that you chose and you do not rely upon SakuraZ explaining to you how to ride it; (7) you are exclusively responsible for the purchase, quality and use of the Protective Equipment that you use during the ride and as may be required pursuant to applicable law; (8) As you know, the Protective Equipment does not eliminate the risk for injury in the event of accident; (9) SakuraZ does not provide insurance of any kind whatsoever that is related to you and/or to the Vehicle that you leased and you bear the full responsibility for any damage that will be caused to any property and/or person relating directly or indirectly to the use of the Vehicle; (10) you will be exclusively responsible for any damage that you cause to any person or property while leasing the Vehicle; (11) you undertake to adjust the way that you ride according to the weather conditions; (12) you inspected the visible parts of the Vehicle that you wish to lease prior to using it in order to ensure that it is in good working order. (13) you inspected the good working order of the operation components of the Vehicle such as: brakes, tires, lights and so forth; (14) you inspected the charge remaining in the battery and whether it is sufficient and suitable for your needs, such as: the distance and ride time that you require. You are aware that you will have no claim against SakuraZ if the battery runs out during the ride; (15) the Vehicle is deemed to be undamaged, if you do not notify SakuraZ of a defect immediately upon leasing the Vehicle and in any event not later than the commencement of the ride on the Vehicle; (16) as you know, riding under the influence of alcohol, drugs and/or any other substance and/or in any state of health that may impair the capability of a person to ride the Vehicle safely is strictly prohibited; (17) the use of a mobile device including telephone conversations, text messaging, listening to music and/or any other use that might distract a person riding the Vehicle and impair the ability to drive the Vehicle safely is strictly prohibited. The Company will not be liable for any damage, loss or injury that may be caused due to the use that you will make of your mobile telephone and/or any other mobile device; (18) you may not ride in difficult weather conditions such as hail, dust storms, heavy fog, heavy rain or storm; (19) You may not take any loads on the Vehicle the you leased that may affect your stability and the safety of your ride on the Vehicle, except for the use of a carrying device, if one exists, intended for carrying light items only that do not put in jeopardy your stability during the ride.
- You are aware that the use of Protective Equipment is under your exclusive responsibility only.
- You are aware that SakuraZ does not insure you ride on the Vehicle and/or the Vehicle in any insurance whatsoever of any type or nature and that you are fully liable for any tortious event including to you and to any third party.
- Without derogating from the aforesaid, you assume the full risk involved in riding the Vehicle and declare that you are aware that riding the Vehicle is a hazardous activity that involves a risk of bodily harm, property damage, partial or full disability and/or death. You declare that you are aware that there are unexpected risks in connection with the use of the Vehicles and you assume the liability as to all such risks including risks that arise from the negligence of third parties.
- You are using the Vehicle at your sole responsibility. If any direct or indirect damage of any kind or nature whatsoever is caused to the user and/or to any other person and/or to property and/or to the Vehicle during the lease and as a result of using the Vehicle, including any loss and/or theft and/or injury and/or disability and/or death and/or damage and/or expenses that will be caused to any third party whatsoever and/or to the user, you are fully responsible for it, including the liability to indemnify SakuraZ for repairing the Vehicle, purchasing and installing spare parts or for purchasing a new Vehicle in the event of destruction, impounding, shredding, irrevocable damage or loss.
- If SakuraZ is required to pay damages, compensation and/or any expenses whatsoever arising from the above-mentioned causes, including legal expenses and attorney’s fees, you undertake to indemnify it and anyone on its behalf in the full amounts that may be required.
Payments and charging
- For the service activation and period of use of the Service, you will be charged based upon the terms and conditions of the use documents that will be in force upon making the order and/or the rates indicated in the applet. You can see the cost of service activation and the cost of using the service by clicking the sign of the Vehicle you want to hire on the map in the applet.
- The cost of activating the Service and the cost of using the Service will appear in accordance with the selection of the Service you will request by clicking a key in the applet that specifies the requested Service according to the Services offered in section 2.
- The use of the Service will be charged in accordance with the time of use (relative to seconds and in accordance with the totals rounding provisions of the applicable laws), starting from the time that you click the designated activation key in the applet until you click the designated End key in the applet.
- When the service is activated, a deposit of 5 azn is taken from the registered card, taking into account the activation amount and the driving time according to the cost per minute. At the end of the trip, if the duration of the last trip interval is less than the amount of the deposit, the difference is returned to the renter's card up to three working days. (For example, if the renter traveled for 3 manats at the end of the trip the system will return 2 manats.)
- At the end of these 20 minutes, the application will additionally try to withdraw 3 Azn from your card for the next additional 15 minutes, and so on each time. In the absence of the required amount on the card, the scooter will stop within one minute. The scooter and the app will let you know about it.
- If before the trip there are not enough funds on the renter’s card to withdraw the deposit, the system will refuse the trip.
- If there is no enough payment balance on the account, account will get into the negative balance, and will be charged later.
- SakuraZ reserves the right to modify / amend the documents of use including the rates appearing in those documents at any time pursuant to its discretion. You are exclusively responsible for verifying the quality and cost of the Services prior to approving them and/or using them each and every time.
- You must provide the Company with a valid credit/debit card or any other payment method accepted by the Company (“Payment method”) as a condition to signing up for the Services. By providing the Company with your payment method, you agree that Company is authorized to immediately bill your Account for all fees and charges due and payable to Company and that no additional notice or consent is required. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.
- The Company may verify the propriety of your payment method from time to time, including preforming clearing check in order to ensure applicable credit limit. You are committed to immediately correct any change in your account details, billing address or the payment method.
- If the scooter is not returned within 24 hours from the start of use, a fine of 500 AZN will be applied. In case of failure to return within 48 hours or theft of the scooter, a fine of 1000 AZN will be applied. This in addition to any other legal actions company may decide to take
- The actual payment clearing can be made immediately after use or for a fixed period (week, month) at SakuraZ’s discretion. To avoid any doubt, you are aware and agree that in case payment clearing attempt was unsuccessful (including but not limited to the case when there were not enough funds on the Payment method balance), SakuraZ will try to charge your Payment method from time to time, up until the debt amount is fully settled.
- When renting a Vehicle, you agree to receive upon request tax/receipt invoices via email address given in registration.
- You may rent up to 5 electric scooters at the same time using single account. To do this, you need to pick the first electric scooter, selecting one for your ride, then the “+” symbol will appear in the application - by clicking on this symblol you will be able to add the second scooter, the third one, and so on, up to five WingZ electric scooters. Separate deposit will be taken for each scooter at the start of your ride and the ride session will have to be completed for every single scooter separately. To complete the ride, the scooter must be located in the parking area. If one of the several scooters is not in the parking area, you will not be able to complete all rides at same time. You will need to complete the ride of each scooter separately.
- In the case of group ride, the account owner is fully responsible for all rented scooters, disregarding who used the scooter.
- When deleting an existing account, the funds in the application's internal balance are reset and cannot be returned to the user.
Inquiries about charges
- If you wish to obtain information as to any charge made in your billing, please contact us as soon as possible, and not later than 30 days after the billing was made available to you, and in your inquiry please provide the following details: the user name, you identity card number, the last four digits of the credit card that you used for your account, the description of the charge that you wish to receive details of and additional identifiable details that may be required by the Company.
- If your contact with the Company was made verbally, the Company may require you to send to it your inquiry in writing within 7 business days.
- The Company will deliver the information that you required and/or will notify you of the results of investigation of your inquiry within 14 business days. If the Company requires it, it may extend the date of investigation of your inquiry by additional 30 business days.
- If the Company finds you inquiry justified it will credit you credit card within 14 business days in the amount that was overcharged.
- If the Company is of the opinion that the inquiry is not justified, the Company will send to you an explanation in this regard in writing or by way of a service representative on its behalf.
- Each provision of this Terms and Conditions of Use is severable and distinct from the others. If any such provision is or at any time becomes to any extent invalid, illegal or unenforceable in any respect under any enactment or applicable laws, it shall to that extent be deemed not to form part of this Terms and Conditions of Use (except to that extent in the case of that provision) it and all other provisions of this Terms and Conditions of Use shall continue in full force and effect and their validity, legality and enforceability shall not be thereby affected or impaired.
- The terms and conditions set forth on the platforms of the Company in relation to the services of the Company other than in the framework of the terms and conditions of use add to the terms and conditions of use and do not derogate from them. In the event of contradiction between the terms and conditions of use and the terms and conditions appearing on the platforms of the Company, the terms and conditions set forth in the terms and conditions of use will govern unless otherwise set forth.
- If the Company does not realize a right pursuant to the terms and conditions of use this will not imply a waiver of any such right
- The Company may at any time transfer or assign its rights and obligations towards you to a third party.
- Laws of Azerbaijan Republic will exclusively apply to the use of this applet or website. The competent courts in Azerbaijan Republic will have exclusive local jurisdiction in the any matter.
- Questions as to the services of the Company must be sent to the customer service center of the Company by sending an email message to the email address support-WingZ@sakur.az . For technical inquiries please contact through the applet.
EXPRESS WAIVER OF LIABILITY
Without prejudice to above provisions, by agreeing to this Terms and Conditions of Use you acknowledge the following:
- You fully release the operators, sponsors and host municipalities (“Released Persons”) of SakuraZ from all claims you have or may have against them arising out of your use of the Services;
- Your use of the Services is at your sole risk;
- The Services, including the Vehicle, are provided "as-is" and we make no promises that they will be in good repair or error or defect-free;
- You will perform a safety inspection before riding, and are competent to do so, and you will not ride a Vehicle that is damaged or defective;
- There are significant risks and dangers inherent in riding a scooters and you assume those risks;
- You understand that electric vehicles provide a different user experience and may pose different risks and dangers, and you assume those risks with respect to electric vehicles in the SakuraZ program;
- You are responsible for all injuries or damages that you cause to other people or property;
- We recommend you wear a helmet, but we cannot guarantee its effectiveness;
In exchange for your being allowed to use any of the services, scooters, stations, vehicle docks, or related information, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release, hold harmless, and discharge all released persons from all claims that you have or may have against any released person arising out of or in any way related to your use of the Services. Such releases are intended to be general and complete releases and waivers of all Claims arising out of or in any way related to your use of the Services. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, and may do so as intended third-party beneficiaries of such releases, if appropriate.
Without limitation of the foregoing general releases, you acknowledge and agree that, except as may otherwise be limited or expanded by applicable law, all Released Persons are not responsible or liable for any claim, including those that arise out of or relate to (a) any risk, danger, or hazard described in this Terms and Conditions, (b) your use of, or inability to use, any of the services, vehicles, stations, or related information, (c) your breach of this agreement, including but not limited to your violation of any prohibited act set out in the agreement, or your violation of any law, or of good safety practices, (d) any negligence, misconduct, or other action or inaction by you or by any released person, (e) your failure to wear a helmet or other protective gear or clothing while using Vehicle, or the failure of such helmet or protective gear or clothing to prevent death or injury, or (f) any negligence, misconduct, or other action or inaction of any third party. You release and waive all claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if Released persons has been advised of the possibility of such claims.