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.

1.              GENERAL RENTAL AND USE OF VEHICLE

1.1           Registration process and conclusion of the Registration Agreement

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:

(a)             to agree to share Your location to enable us to determine which country You are in;

(b)             to provide Your mobile telephone number, Your email address and full name, which details shall be processed by Circ in accordance with its Privacy Policy; and

(c)             to confirm your agreement to these Terms.

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.

You shall be asked to accept the terms and conditions applicable to the country in which You are located at the time of registration.  If You intend to rent a Vehicle in a different country, You shall be asked to accept the terms and conditions and privacy policy applicable to the country in which the Vehicle is located. The language of the Registration Agreement shall depend on the language of the Circ App in the location in which You register.

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.

When You submit Your request together with Your information including Your telephone number according to this section 1.1 You shall receive an SMS to that telephone number with a code which You may then enter into the Circ App in the “Confirm Code” field (which shall appear after you submit the information) in order to verify Your telephone number.   Your telephone number is verified when the external service provider we use for verification services compares and validates the number You sent, The SMS mentioned above shall be deemed an offer by Circ to conclude the Agreement.  The Agreement is concluded when You verify Your telephone number as described above.  You may then enter into individual rental agreements with Circ in accordance with section 1.2 below.  After registration and conclusion of the Registration Agreement you shall receive from Circ a confirmatory email containing the terms of the Registration Agreement, including these Terms and our privacy policy. You also have the option to read, download and save these Terms at any time via the Circ App.

You may revoke the Registration Agreement in accordance with the provisions of section 5 below.

1.2           Rental of Vehicles on the basis of individual rental agreements

Subject to Your registration as a customer of Circ and the conclusion of the Registration Agreement in accordance with section 1.1 You shall be entitled to rent Vehicles via the Circ App on the basis of individual rental agreements. The rental price and any additional charges payable by You in respect of Your Ride shall be shown in the Circ App prior to your unlocking the Vehicle and you shall be asked to provide your credit or debit card details and/or select a different payment method offered by Circ.  

In order to conclude an individual rental agreement for a Vehicle and to be able to use a Vehicle:

(a)            the Circ App will indicate available Vehicles in Your location;

(b)            the Circ App will display, in relation to each Vehicle, its battery level and the maximum number of kilometres which that Vehicle can travel before the battery required recharging;

(c)             when You select a Vehicle by clicking on it in the Circ App, a QR scanner will appear on Your mobile telephone screen;

(d)            You may unlock the Vehicle either by scanning the QR code located on the top of the Vehicle or by sliding the “slide to unlock” button on Your screen; and

(e)            Your Ride will commence upon unlocking the Vehicle.

The scanning the QR code or sliding the "Slide to unlock" button in accordance with section 1.2(d) shall be deemed a binding offer by You to rent the selected Vehicle and to conclude a corresponding invdividual rental contract with Circ. Unlocking the Vehicle shall be deemed acceptance of Your offer by Circ. The individual rental contract in relation to the selected Vehicle is concluded at the time of the unlocking of the Vehicle.  After the conclusion of the individual rental contract and the termination of the Ride in accordance with section 1.3 you shall receive an email from Circ including the details of the individual rental contract.

Detailed instructions on the operation of the Vehicle are provided in the Circ App.

All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging, bicycles and electric Vehicles) must be obeyed, including any laws relating to the wearing of a helmet in the area where Your Ride takes place.

If in the course of a Ride you notice a defect with the Vehicle or if any measure is required to be taken in order to protect the Vehicle against an unforeseen hazard You are obliged to notify Circ promptly.

1.3           Ending Your Ride

(a)             In order to end Your Ride, You must lock the Vehicle.  In order to lock the Vehicle you must click the “Slide to end rent” button on the Circ App or, if this method does not work for technical reasons, notfy Circ of the end of Your Ride by calling Customer Service on +49 157 3598 1998 or sending an email to support.de@circ.com.

(b)             The Vehicle must be locked at the conclusion of the Ride in accordance with the methods referred to in section 1.3(a). The Ride is deemed to be concluded at the point in time at which the Vehicle is locked. The rental fee shall only be charged until the Vehicle is locked. The maximum duration for a single Ride is 24 hours.

(c)             Upon conclusion of Your Ride, the Vehicle must be parked at a lawful parking spot, as specified in section 1.4.

(d)             Your Ride history, including dates and duration of Rides taken by You and the price of each Ride, is available in Your “Rent History” section of the Circ App, which gives You the option to see, download and save invoices for each Ride You have taken.

1.4           Parking a Vehicle

When You end Your Ride:

(a)              the Vehicle must be parked at a lawful parking spot, in publicly accessible areas, in an upright position using the kickstand and in a manner that prevents the Vehicle from falling over or obstructing pedestrians or traffic;

(b)             the Vehicle must not lean against another object and must be always locked;

(c)             the Vehicle must not be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space, especially against trees, in green lands, parks, cemeteries, gardens, sports grounds, children playgrounds, camping sites, swimming sites or in any place located less than 10 meters from a water source;

(d)             You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down nor on roads where the unimpeded passage would be less than 1.5 metres;

(e)             the Vehicle must not block parking ticket machines, emergency exits or any emergency vehicles.

1.5           Rider is at least 18 years old

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.

1.6           Rider is a competent vehicle operator

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.

1.7           Vehicle is the exclusive property of Circ

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.

1.8           Vehicle operating hours

The rental of Vehicles is subject to the maximum rental time of 24 hours.

1.9           Vehicle may be used and/or operated only in permitted areas.

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.

1.10         Rider must follow laws regarding use and/or operation of Vehicle

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.

1.11         Prohibited Acts

You must not:

(a)             operate any Vehicle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability safely to operate the Vehicle with both hands;

(b)             operate any Vehicle in violation of any applicable laws, statutory rules or regulations, including rules relating to riding Vehicles on pavements and/or parking Vehicles;

(c)             place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags;

(d)             use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely;

(e)             operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely;

(f)              carry any other person on a Vehicle;

(g)             use any locking mechanism other than that provided by Circ or add another lock to the Vehicle or lock a Vehicle to anything; or

(h)             park or place a Vehicle in a manner that does not strictly comply with all applicable laws, rules and regulations.

1.12         Vehicle is intended for only limited types of use

You agree that You shall not:

(a)             use the Vehicle for racing, mountain riding, or stunt or trick riding;

(b)             operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others;

(c)             use the Vehicle for hire or reward; nor

(d)             use the Vehicle in violation of any law, ordinance or regulation.

1.13         Weight and cargo limits

You must not exceed the maximum weight limit for the Vehicle of 120 kilos.

1.14         No tampering

You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Services other than as specified in these Terms.

1.15         Reporting of damage or crashes

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.

1.16         Payment of fines, fees and administrative fees

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.

1.17         Rider's responsibility for Vehicle use and damage

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).

1.18         Electric Vehicle

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:

(a)             the level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety);

(b)             You should check the level of charging power in the Vehicle before unlocking it and ensure that it is sufficient for Your purposes before starting Your Ride;

(c)             the Vehicle may run out of charging power and cease to operate at any time during Your rental of the Vehicle which may mean that You do not reach Your desired destination; and

(d)             if the Vehicle runs out of charging power during a rental, You shall terminate the Ride in compliance with these Terms. If an accident occurs because the Vehicle ran out of power, Circ shall be liable in accordance with section 17.

2.              PAYMENT AND FEES

2.1           Fees

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.

2.2           Promo codes

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.

2.3           Maximum rental time and charges

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. 

2.4           Valid credit card or debit card

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.

2.5           Pick Up Fees

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.

3.              ADDITIONAL TERMS OF USE

3.1           Safety Check

(a)             Prior to concluding any individual rental agreement in accordance with section 1.2, you should, where possible, carry out a safety check of the Vehicle for obvious defects, including, in particular: (i) the soundness of the wheels; (ii) the operation of all brakes and lights; (iii) the condition of the frame; (iv) the battery charge level; and (iv) any obvious sign of damage, or other open and obvious mechanical problems. Circ’s obligation to maintain Vehicles remains unaffected.  You may not commence a Ride if there are any noticeable problems and You undertake to notify customer service where possible to alert Circ of any obvious problems identified.

(b)            If at any time, whether prior to, during, or after riding any Vehicle, You discover any defect or notice any other potentially unsafe condition on any Vehicle rented by You, no matter how slight, You must not use the Vehicle, or, if You are already riding the Vehicle, You must immediately cease riding when it is safe to do so and must immediately or as soon as reasonably possible report the detected defect or condition to Circ.

(c)             You are liable for and shall indemnify Circ and its Released Persons in respect of any and all consequences, claims, demands, causes of action, liabilities, damages, injuries, fees, penalties and any other costs and expenses whatsoever, whether foreseeable or unforeseeable, and whether known or unknown arising from Your failure to comply with the requirements of this section 3.1 if and to the extent that the non-compliance is based on Your fault.

3.2           Lost or Stolen Vehicle

A Vehicle may be deemed lost or stolen if:

(a)             the Vehicle is not returned 48 hours from the time at which the Vehicle is unlocked;

(b)             the Vehicle's GPS unit is disabled;

(c)             the Vehicle is parked on unauthorized private property, in a Restricted Area, or in any other non-public space for more than ten minutes after a Ride ends;

(d)             the Vehicle moves more than 10 metres after a rental has ended and such movement was not caused by another rider or authorized third party; or

(e)             other facts and circumstances that suggest to Circ in its reasonable, good faith determination that a Vehicle has been lost or stolen.

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.

3.3           Helmets; Safety

(a)             Circ recommends that all Riders wear a helmet at all times while using any of the Services, Vehicles and/or related equipment, whether required by law or not, and that the helmet has been properly sized, fitted and fastened according to the manufacturer's instructions.

(b)             If wearing a helmet is required by the laws, statutory rules or regulations applicable to the area in which the Vehicle is operated, You agree to comply with such laws and regulations at all times.

(c)             Circ does not represent or warrant the quality or safety characteristics of any helmet which is not supplied by Circ, and You agree that Circ’s liability for any injury which You suffer while using the Services, whether or not You are wearing a helmet at the time of injury, shall be determined in accordance with the provisions of section 17. You agree that You bear all risks associated with your failure to wear a helmet or other protective gear.

(d)             You agree that You may need to take additional safety measures or precautions not specifically addressed in these Terms, and You acknowledge and agree that it is Your sole responsibility for determining whether You must do so.  

3.4           Vehicle routes

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.

3.5           Limitations on Vehicle rental

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.

3.6           Access license

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.

3.7           Copyright and Ownership

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.

3.8           Trademarks

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.

4.              ACCOUNT AND REGISTRATION

4.1           Account Registration and Security

You are required to create an account to have access to the Services. You agree that You shall:

(a)            provide true, accurate, current and complete information about Yourself as prompted by the Services' registration, sign-in, or subscription page (the "Registration Data"); and

(b)             maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

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. 

4.2           Solicited Submission Policy

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.

4.3           Inappropriate User Content

User Content may not:

(a)             create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;

(b)             create a risk of any other loss or damage to any person or property;

(c)             constitute a crime or tort;

(d)             inflict emotional distress on other people;

(e)             infringe or misappropriate any third party intellectual property;

(f)              be defamatory, libellous, obscene or pornographic;

(g)             humiliate or threaten other people (publicly or otherwise);

(h)             impersonate any other person or misrepresent Your affiliation, title, or authority; or

(i)              result in injury, death, property damage, and/or liability of any kind.

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.

4.4           Access and Interference

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:

(a)             take any action that imposes, or may impose an unreasonable or disproportionately large load on Our infrastructure;

(b)             interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or

(c)             bypass any measures We may lawfully use to prevent or restrict access to the Services.

4.5           Right to Takedown Content

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:

(a)             remove User Content posted in breach of section 4.3

(b)             comply with applicable law or with legal process served on Circ;

(c)             protect and defend the rights or property of Circ, the Services, or the users of the Services; or

(d)             act in an emergency to protect the personal safety of our users, the Services, or the public.

4.6           Third Party Links

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.

4.7           Confirmations

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:

(a)             Your User Content shall be owned or controlled solely and exclusively by You,

(b)             You have prior written permission from the rightful owner of the content included in Your User Content, or You are otherwise legally entitled to grant Circ all of the rights granted to Circ under section 4.2; and

(c)             Circ’s use of Your User Content shall not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity and privacy, and defamation.

You bear responsibility for Your own User Content and the consequences of posting or publishing them by Yourself.

4.8           Force Majeure

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.

4.9           Wireless Features

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.

5.              RIGHT OF WITHDRAWAL IN RESPECT OF THE REGISTRATION AGREEEMENT

5.1           Cancellation Policy

Widerrufsbelehrung

Widerrufsrecht

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.

Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsabschlusses

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns LMTS Germany GmbH, Zimmerstraße 78, 10117 Berlin, Deutschland, support.de@circ.com mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.

Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen soll, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.

 

5.2           Sample cancellation form

Muster-Widerrufsformular

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)

– An LMTS Germany GmbH, Zimmerstraße 78, 10117 Berlin, Deutschland, support.de@circ.com

– Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)

– Bestellt am (*)/erhalten am (*)

– Name des/der Verbraucher(s)

– Anschrift des/der Verbraucher(s)

– Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

– Datum

__________

(*) Unzutreffendes streichen.

6.              TERMINATION

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:

(a)             You fail to pay Circ a significant amount of the charges due for two consecutive Rides; and/or

(b)             You materially breach any of your obligations under these Terms.

Upon termination of this Registration Agreement for any reason, Your access to, and use of, the Services shall immediately terminate.

7.              TELEPHONIC COMMUNICATIONS

7.1           Telephone calls to or from Circ may only be monitored and recorded with the express consent of the caller.  The caller is asked to consent to this monitoring and recording at the beginning of any call.  Consent is completely voluntary.  

7.2           You confirm that any contact information provided to Circ, including, but not limited to, Your name, email address, and mobile telephone number, is true and accurate. You confirm that You are the current subscriber or owner of any telephone number that You provide to us. If any of Your contact information changes, You agree to notify us immediately via the contact details in section 10. You agree to indemnify, defend, and hold Circ harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable legal fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance provided and to the extent that that the failure to update the information, the provision of a telephone number that is not Your own or the violation is based on Your fault.   This does not apply if and to the extent that the failure to update the information, the provision of a telephone number that is not your own or the violation is caused by Circ, in which case Circ shall be liable in accordance with section 17.

7.3           You acknowledge that you may receive pre-recorded voice messages and/or autodialed calls or text messages related to Your account, any transaction with us, and/or Your contractual relationship with Circ. These telephone calls and text messages may include, but are not necessarily limited to, for example, changes to Your account, verification codes, information in connection with a Vehicle rental, equipment updates and updated payment information. You acknowledge that You may incur a charge for calls or text messages by Your telephone carrier and that Circ is not responsible for these charges. The telephone calls shall not contain any marketing materials unless You have specifically consented to receive marketing calls or marketing text messages from us.

8.              SUBSCRIPTIONS

Circ may offer monthly subscriptions for the use of the Vehicles, subject to specific terms and conditions which must be separately accepted by Rider.

9.              REFERRAL PROGRAMS

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.

10.            NOTICE

You may contact Circ as follows:

Email:                        support.de@circ.com

Telephone:              +49 157 3598 1998  

Post:                          Zimmerstraße 78, 10117 Berlin, Germany

11.            CHOICE OF LAW

The Registration Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Federal Republic of Germany.

12.            WAIVER AND SEVERABILITY

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.

13.            CUMULATIVE REMEDIES

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.

14.            FINAL AGREEMENT

14.1         The Registration Agreement including these Terms contains the entire agreement between You and Circ with respect to its subject matter.

14.2         We may amend, modify, or change these Terms, in our sole discretion, subject to Your acceptance. You shall be notified of any changes and shall be asked to confirm Your acceptance of the amendment. 

15.            CONTRACT INTERPRETATION

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.

16.            VOLUNTARY EXECUTION OF THIS REGISTRATION AGREEMENT

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:

(a)             have read these Terms;

(b)             understand these Terms, including the releases they contain; and

(c)             are fully aware of the legal and binding effect of this Registration Agreement.

17.            LIMITATION OF LIABILITY

(a)             Circ shall be liable for Losses arising as a result of its intent or its gross negligence.

(b)             Circ shall be liable for its negligence in the case of a breach of essential contractual obligations by Circ, which enable the proper fulfilment of this Registration Agreement from the outset and the observance of which Rider may expect. In the event of slight negligence, Circ shall be liable only up to the amount of the typical, foreseeable damage.

(c)             The limitations of liability and exclusions in sections 17(a) and 17(b) do not apply to Losses resulting from injury to life, body or health as well as in event of fraudulent concealment of defects or liability for claims based on the German Product Liability Act (Produkthaftungsgesetz) or gross negligence on the part of Circ’s officers or executives.

(d)             Circ shall be liable for initial defects in Vehicles only in the event of fault and in accordance with the limitations set out above.

(e)             Any exclusion or limitation of Circ’s liability under these Terms shall also apply to Circ’s employees, representatives and vicarious agents.

(f)              Circ’s obligations based on guarantees as to quality and durability shall not be limited by the provisions in sections 17(a) to 17(e).

18.            RELEASES; DISCLAIMERS; ASSUMPTION OF RISK

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:

(a)             vehicles and other objects;

(b)             pedestrians;

(c)             traffic;

(d)             Vehicle or component malfunction;

(e)             road conditions;

(f)              weather conditions;

(g)             failure to follow applicable laws regarding use and/or operation of the Vehicle as required under section 1.10;

(h)             commission of any of the prohibited acts listed in section 1.11;

(i)              failure to perform the required safety check pursuant to section 3.1;

(j)              failure to wear a helmet where required by law; and

(k)             negligent acts or omissions by Circ, any other Released Person, Rider, or third party.

 

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:

(a)             I am the Rider;

(b)             I am 18 years old or over,

(c)             I shall wear a helmet where required by law;

(d)             I shall not ride a Vehicle at the same time as another rider; and

(e)             I shall obey all traffic laws.