CIRC GENERAL TERMS AND CONDITIONS
Version: 1 October 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN THE LEGALLY BINDING TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF CIRC’S SERVICES.
In this document:
“Affiliate” in relation to a company refers to any subsidiary and holding company of that company and any subsidiary of such holding company;
"Circ", “We”, “Us” and “Our” refers to LMTS Germany GmbH, a company incorporated in Germany with registered office at Zimmerstraße 78, 10117 Berlin, Germany and registered with the commercial register at the local court of Berlin Charlottenburg under number HRB 200551 B, doing business as Circ or any other commercial name that may be used from time to time;
“Losses” refers to claims, demands, causes of action, losses, liabilities, damages, injuries, costs, expenses, penalties and fees;
“Registration Agreement” means the agreement with Circ entitling you to rent certain Vehicles selected by you on the basis of individual rental agreements and to use the Services which is entered into in accordance with section 1.1 and which incorporates these Terms;
"Released Persons" in relation to Circ means its Affiliates, and its and its Affiliates’ officers and employees;
"Rider", "You" and "Your" refers to you as an individual;
"Ride" refers to a single trip with a Vehicle commencing with the unlocking of the Vehicle through the Circ mobile application and ending by parking the Vehicle through a locking mechanism;
"Services" refers to the services provided by Circ, including: (1) Circ’s mobile application and related website; (2) the use of Circ electric scooters ("Vehicles") on the basis of individual rental agreements made in accordance with section 1.2; and (3) the use of all other related equipment, maintenance, personnel, services, applications, websites and information provided or made available by Circ on the basis of the individual rental agreements made in accordance with section 1.2 and in connection with the use of the Vehicles.
“Terms” refers to these general terms and conditions.
When registering as a customer of Circ via the Circ App as described in section 1.1 You shall be asked to agree to be legally bound by these Terms.
After registration and the creation of the Registration Agreement in accordance with section 1.1, Circ permits You to enter into individual rental agreements with Circ and rent the Vehicles in accordance with these Terms. Unless otherwise indicated, all monetary values specified in these Terms are denominated in Euro.
In order to be able to rent Vehicles on the basis of the individual rental agreements made in accordance with section 1.2, you are required to register as a customer of Circ via the Circ App. By submitting the information listed below under sections 1.1(a) to 1.1(b), You make a request for an offer by Circ to conclude a Registration Agreement.
The Registration Agreement itself does not create a rental agreement. You are under no obligation to pay any fees or other payments under the Registration Agreement. Circ is not obliged to make any Vehicle or Services available to you following the conclusion of the Registration Agreement. A rental relationship with the associated rights and obligations in relation to a Vehicle and the associated Services will arise only on conclusion of an individual rental agreement made in accordance with section 1.2. The Registration Agreement is intended only to enable you to enter into individual rental agreements with Circ.
In order to request an offer from Circ to conclude the Registration Agreement, you will be asked:
You will also be asked to provide the Registration Data (as defined below in section 4.1). The provision of the Registration Data is necessary as a prerequisite for the creation of an account in accordance with section 4 and the conclusion of the Registration Agreement.
During the process of entering the information as required in accordance with sections 1.1(a) to 1.1(c), Circ will provide you with technical resources in the form of a standard check for completeness and plausibility to help You to recognise any errors You may have made in Your entries.
By entering the information referred to in sections 1.1(a) to 1.1(c) in the relevant fields, you submit the relevant information and thereby your request to Circ to submit an offer to conclude the Registration Agreement.
You may revoke the Registration Agreement in accordance with the provisions of section 5 below.
When You end Your Ride:
You confirm that you are at least 18 years old and that any person who uses the Vehicle during your Ride is at least 18 years old.
You confirm that You are familiar with the operation of the Vehicle, and that You are reasonably competent and physically fit to ride the Vehicle. You will be informed before each Ride whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behaviour and braking distance to suit all conditions, including the weather, visibility, surrounding environment, and traffic conditions.
The Vehicle and any Circ equipment attached to it are, and shall at all times remain the exclusive property of Circ. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Circ equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Circ equipment, for any advertising or other commercial purpose without the express written permission of Circ.
The rental of Vehicles is subject to the maximum rental time of 24 hours.
You shall only use, operate, and/or ride the Vehicle in areas where the Vehicle is allowed and in accordance with local laws, rules and regulations. You may not use any Vehicles, or end any Ride, in any areas restricted by road traffic or other applicable regulations (“Restricted Areas”), and You assume all responsibility and liability to the competent authorities for any operation of any Vehicle in any Restricted Area, including any fines or fees arising from Your use of any Vehicle in any Restricted Areas. This does not apply if and to the extent that the operation of a vehicle in a Restricted Area is caused by Circ, in which case Circ shall be liable in accordance with section 17.
You shall comply with all laws, rules and regulations relating to the use, riding, parking, charging, and/or operation of the Vehicle, including all national and municipal laws and the rules, regulations, and/or ordinances relating to Vehicles in the area where You are operating the Vehicle, including any laws requiring You to wear a helmet. You shall act with courtesy and respect toward others while using the Services.
You bear responsibility if and to the extent that You violate any laws, statutory rules and/or regulations while using the Services, including improper riding and/or parking. You bear responsibility for any and all Losses (including parking fines and impounding fees charged by any local government) of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of such violation by You. This shall not apply if and to the extent that the violation is caused by Circ, in which case Circ shall be liable in accordance with section 17.
You shall familiarise yourself with any and all applicable laws, statutory rules and/or regulations that are relevant for the use of the Services in the location in which You are operating any Vehicle.
You must not:
You agree that You shall not:
You must not exceed the maximum weight limit for the Vehicle of 120 kilos.
You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Services other than as specified in these Terms.
You are obliged to report to Circ any accident, crash, damage, personal injury, theft or loss of a Vehicle rented by you as soon as possible after becoming aware of the same in connection with the use of the Services. If a crash involves personal injury, property damage, or a stolen Vehicle, You must file a report with the local police department immediately, but no later than within 24 hours (unless the persons involved in the accident or those in whose property the damage occurred have provided each other with their names and addresses and such other details as are required for the purposes of handling the accident). You bear responsibility for any Losses related to a stolen or lost Vehicle, if and to the extent that such theft or loss is based on Your fault.
You shall pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls, and/or any other charges incurred by Circ as a result of Your parking any Vehicle improperly, or as a result of Your violation of any law, rule or regulation while using the Services, provided and to the extent that the improper parking or violation is based on Your fault.
You shall return the Vehicle to Circ in the same condition in which it was rented. You shall not be responsible for normal wear and tear (including usual battery discharge during operation).
The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated with that. You should note the following:
Rider may use the Vehicle on a pay per Ride basis or as otherwise agreed in accordance with the pricing described in the Circ App. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Circ. The amount payable by You and shown in the Circ App will include all applicable taxes and other fees and charges (see section 1.2 above). Circ will charge the Rider (through credit and/or debit card and/or through any other payment method offered during the registration process) the amount of the fees as described in section 2.4 of these Terms. You may view, download and save invoices for Your Rides via the Rent History section of the Circ App.
Promo codes (discounts) are one-time offers and may be redeemed only via the Circ App. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
The maximum rental time is 24 hours. You agree to conclude any Ride within 24 hours of renting a Vehicle, after which You may rent the Vehicle again in accordance with the provisions of section 1.2. You should take note of the elapsed time of a Ride. Vehicles not returned (locked and a Ride concluded) 48 hours from the start of the Ride due to Rider’s fault will be considered lost or stolen, and We reserve the right to require from Rider the reimbursement of the current value of the Vehicle plus services costs actually incurred (which together shall in no circumstances exceed EUR 1,000), unless Rider proves that We have suffered no or a lower level of damages and provided that the rental amount paid by Rider for the use of the Services during Rider’s use of the Vehicle shall be credited against the amount payable by Rider as a result of his/her failure to return the Vehicle as required under this section.
To be registered to use the Services, Rider must provide Circ with a valid credit or debit card number and expiration date.
You confirm to Circ that You are authorized to use the credit or debit card whose details You submit to Circ.
If You dispute any charge on Your credit or debit card account, You should contact Circ within 10 business days from the end of the month in which the disputed charge is made, and state the reason for the dispute. The statutory limitation period applicable to your claims remains unaffected. You agree to immediately inform Circ of all changes relating to the card.
If You are unable to return a Vehicle to a valid area (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by Circ staff, Circ, at its sole discretion, may decide whether or not to charge You the actual pick-up fee incurred by Circ (in any case not exceeding EUR 120). If any Vehicle accessed under Your account is abandoned without notice, You shall be responsible for all fees until the Vehicle is recovered and deactivated, plus services costs actually incurred (which shall in no circumstances exceed EUR 120) in order to recover the Vehicle, provided and to the extent that the abandonment is based on Your fault. You have a right to prove that Circ has suffered no, or a lower level of damages.
A Vehicle may be deemed lost or stolen if:
You agree to report the disappearance or theft of a Vehicle to Circ immediately or as soon as reasonably possible.
You agree that You shall be responsible for a lost or stolen Vehicle if and to the extent that the loss or theft is a result of Your culpable breach of Your obligations under the Registration Agreement. If a Vehicle is deemed to be lost or stolen in accordance with this section 3.2, Circ shall have the authority to take any and all actions which are reasonably appropriate, including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities.
Circ does not provide places to ride Vehicles. Roads, pavements, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards beyond Circ’s control. Circ has no influence on the foregoing circumstances. You are solely responsible for choosing a responsible and safe route. You must obey all laws at all times in choosing a route, and it is Your sole responsibility to be familiar with the applicable laws, statutory rules and regulations of the place in which You are using the Services and/or the Vehicles.
Circ is not a public transport company. You are aware that alternative means of public and private transportation are available the general public and to You individually, including public buses and rail service, taxis, and pedestrian paths. Circ provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to these Terms.
Subject to Rider’s strict compliance with these Terms, Circ grants Rider a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services or its Content (as defined in section 3.6 ). This license does not include any resale or commercial use of the Services or Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Circ’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by, as the case may be, Circ, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, may be protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. As far as it is so protected, the Services may only be used for the intended purpose for which such Services is being made available.
You may only modify any of the materials and copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services as far as allowed under statutory applicable copyright law. You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services in accordance with the statutory applicable copyright law. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, Content and all related rights shall remain the exclusive property of Circ or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You shall not remove any copyright, trademark or other proprietary notices from material found on the Services.
All trademarks, service marks and trade names of Circ and Circ used in these Terms (including, but not limited to: Circ’s name, corporate logo and/or any logos) (collectively “Marks”) may be trademarks or registered trademarks of Circ or its Affiliates, partners, vendors or licensors. As far as these are so protected, You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Circ’s prior written consent. You shall not use Circ’s name, any of the Marks or any language, pictures or symbols which could, in Circ’s reasonable judgment, imply Circ’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or any other written material, without Circ’s prior written consent.
You are required to create an account to have access to the Services. You agree that You shall:
The provision of the Registration Data is required as a prerequisite for the creation of Your account and the conclusion of the Registration Agreement. If You provide information that is untrue, inaccurate or incomplete, Circ shall prompt you to provide true, accurate, current and complete information within a reasonable timeframe. If You fail to provide the required information and therefore fail to comply with your obligation to provide information within the specified period, Circ will be entitled to terminate the Registration Agreement and suspend or terminate your account.
You are responsible for the security and confidentiality of Your password and account and all activities that occur under Your account. You agree not to share Your account information or Your user name and password with any third party or permit any third party to log on to the Services using Your account information.
You must promptly notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You shall take such precautions and security measures as are best suited for Your situation and Your use of the Services. We have the right in certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect Our rights, customers or business or, in some cases, as a result of mandatory data sharing with governments or authorities) to provide user accounts, content or usage records and related information.
Where Circ has specifically invited or requested submissions or comments on its website (“Site”), Circ encourages You to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to Circ that they You have created for consideration in connection with the Site (“User Content”). User Content remain the intellectual property of the individual user. By posting content on our Site, You expressly grant Circ a non-exclusive, royalty-free, fully paid-up, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. Any such User Content is deemed non-confidential and Circ shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content.
User Content may not:
Circ is entitled to reject and remove any User Content which is likely to breach the above restrictions.
If We determine that You have violated or will violate the foregoing prohibitions or any applicable rules or policies linked to in these Terms, We may take any action We consider necessary to cure or prevent the violation, including, without limitation, prohibiting You from using the Services and/or the immediate removal of the relevant User Content from the Site at any time without notice. We shall fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of any person posting such materials.
You shall not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. You agree that You shall not:
We shall not monitor, edit, or disclose the contents of Your e-mail or User Content posted to the Services unless required in the course of normal maintenance of the Services and Our systems or unless required to do so by law or in the good-faith belief that such action is necessary to:
From time to time, the Services may contain links to websites that are not owned, operated or controlled by Circ or its Affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of our respective Affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither We nor any of Our Affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites.
You confirm that You are an individual person at least 18 years old, have the right and authority to enter into and perform your obligations under the Registration Agreement, and Your use of the Services is and will be in compliance with all applicable laws, orders and regulations.
You confirm that You have read, understood, agree with, and will abide by these Terms. In addition, You agree that:
You bear responsibility for Your own User Content and the consequences of posting or publishing them by Yourself.
Neither Circ nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, cyberattack, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts.
The Services may offer certain features and services that are available to You via Your wireless device. These features and services may include the ability to access the Services’ features and upload content to the Services, receive messages (including text and SMS messages) from Circ, and download applications to Your wireless device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Device. You should check with Your carrier to find out what plans are available and how much they cost.
You confirm that You are the current subscriber and/or customary user of the mobile number registered with Circ and that You are authorized to incur any message or data charges that may be charged by Your carrier. You are strictly prohibited from registering a mobile number that is not Your own. If We determine that any information provided is false or inaccurate, We may suspend or terminate Your access to the Services at any time in accordance with the provisions of section 4.1(b) above.
Each party shall have the right, upon written notice (which includes e-mail), to terminate this Registration Agreement upon two weeks' notice. The right of extraordinary termination remains unaffected.
Circ shall be entitled to terminate this Registration Agreement without notice, and/or suspend Your access to their Services, in particular if:
Upon termination of this Registration Agreement for any reason, Your access to, and use of, the Services shall immediately terminate.
Circ may offer monthly subscriptions for the use of the Vehicles, subject to specific terms and conditions which must be separately accepted by Rider.
Circ may from time to time implement referral programs in accordance with which Riders may be awarded with bonus Rides in return for referring new customers to Circ. Additional terms and conditions shall apply to such programs and Riders must accept those additional terms and conditions in order to participate in any such program.
You may contact Circ as follows:
Telephone: +49 157 3598 1998
Post: Zimmerstraße 78, 10117 Berlin, Germany
No waiver of any breach of any provision of the Registration Agreement is a waiver of any other breach or of any other provision of the Registration Agreement.
All rights and remedies granted under or referred to in the Registration Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
The headings in these Terms do not affect their interpretation. "Or" is not to be exclusive in its meaning. "Including" means "including, but not limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
This Registration Agreement is entered into voluntarily and without any duress or undue influence on the part or behalf of Circ.
You acknowledge that You:
You confirm that You are aware that Your use of any of the Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to You or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
RIDER’S ACCEPTANCE OF THE TERMS
I certify that I have read and expressly agree to these Terms, including specifically section 17 (Limitation of Liability).
I confirm that I am familiar with the operation of the Vehicle and am reasonably competent and physically fit to ride the Vehicle.
I confirm that: