This User Agreement & Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and SPIDERS Mobility, doing business as SPIDERS, and doing business as SPIDERS (“SPIDERS,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that govern Your use of Our Services.
PLEASE READ EACH SECTION OF THIS CONTRACT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES AS DEFINED BELOW. BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE CONDITIONS THEREIN WE RECOMMEND YOU DO NOT USE THE SERVICES.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES CAUSED BY YOUR USE OF THE SERVICES, INCLUDING IMPROPER RIDING AND/OR PARKING, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, AND/OR FEES OF ANY KIND, WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
OPERATION OR USE OF ANY E-VEHICLES BY ANY CHILD YOUNGER THAN 13 YEARS OF AGE IS EXPRESSLY PROHIBITED. IF YOU ALLOW HIM/HER USE A VEHICLE BY ACTIVATING IT THROUGH YOUR ACCOUNT, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.
- Our electric scooter parking locations (“Locations”);
All other related equipment, maintenance, charging of scooter, personnel, software and information provided by Us; and
Use of Our website, mobile applications, available at https://spiders.sa , our mobile application (the “App”) and any features, or other services that We make available.
This Agreement, together with all amendments, and additional terms, specifically the Privacy Policies are part of this Agreement. We agree to allow You to rent the Products, subject to the terms and conditions set forth in this Agreement, which are incorporated by this reference.
RENTAL OF VEHICLES
- You expressly agree you are the sole User and renter of the Services, and You are responsible for full compliance with all stipulations in this Agreement. You understand that when You activate our Services it must be used solely by you. It is forbidden tallow others to use a Product that You have activated.
You represent and certify that You are at least 18 years old, and that You respect all local traffic laws and regulations, parking restrictions, and helmet laws
In order to use a Vehicle, you must register to use our Services, currently referred to as SPIDERS. We may request uploading a valid photo ID, before you receive approval from SPIDERS. SPIDERS reserves the right to deny any application in its sole discretion. You represent and warrant that all information you provide us is accurate. SPIDERS may one-sidedly terminate this Agreement, and Your right to use a Vehicle
USE OF VEHICLES
- You acknowledge that the Vehicles are the exclusive property of SPIDERS, and you may not modify or repair any Vehicle, or any part of it, in any way. SPIDERS monitors the location, charge status, and other driving metrics of the Vehicle, and will collect information regarding your use of the Vehicle.
- We have rules regarding pick-up and drop-off. The maximum rental time of a Vehicle is 6 hours. You acknowledge that You will deactivate the rental within 6 hours after Your rental began, after which you may use the Vehicle again. When the rental is finished, you must return it to any space within the approved area of use according to information in our app and on our website. After the return of the Vehicle, You will be charged the accumulated rental charges.
Vehicles not returned within 24 hours are considered stolen or lost, and we may file a police report, and we have the right to take any other (legal) action needed and permitted by the applicable law.
There is conduct that is prohibited with regards to the Vehicle. You acknowledge that you are not using the Vehicles: (a) on unpaved roads; (b) for stunts or racing; (c) for any commercial purposes;
You agree and acknowledge to return the Vehicle to SPIDERS in the same condition in which it was rented. Only normal wear and tear on the Vehicle is permitted. Apart from that, You agree that you are liable for the cost of reparations, parts replacements and cleaning of any Vehicle after you have rented it.
- If you vandalize a Vehicle, you shall be responsible for all costs of repair and/or replacement of parts.
- You must report any crash, accident, damage, stolen and lost Vehicle to SPIDERS without delay. If an accident involves personal injury, you must contact the local police, and file a report with them within 24 hours after such an accident.
- To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless SPIDERS from any tickets, fines, penalties and administrative fees incurred as a result of Your use of a Vehicle, all a result from Your negligence or willful misconduct or) Your violation of the terms in this Agreement.
- You represent and warrant that You are familiar with the operation of our scooters, and You are competent and physically fit to use the Product
You agree to indemnify and hold us harmless for any tickets, fines and/or penalties as a result of Your use of Our Services. In addition, You authorize Us to charge You directly to the credit card or any other payment method You are using with Us.
You expressly agree that you will not:
- Operate any Product while carrying a briefcase, bag or backpack, or other items that will cause operating safely the Product;
- Use Your mobile phone, portable music player, and/or any other Device that may distract You from safely driving;
Operate any Product while under the influence of medication, or any other substance that may impair Your ability to safely operate the Vehicle.
Carry any other person on the Vehicle
Use locking mechanisms other than those provided by SPIDERS.
FEES AND PAYMENT
- Our Product may only be used on the basis of pay-per-ride or our pricing as described in the App and/or on the website. Fees may be subject to applicable taxes, such as VAT and any other (local) government taxes which we may charge, and collect. The full amount, including the aforementioned taxes, will be charged from your credit card, or other agreed payment methods.
- The maximum rental time is 6 hours, and You agree that You will deactivate the Product rental within 6 hours after the rental began. The maximum charge is: 356.4 Saudi Riyal, based on a fee of 0.99 Saudi Riyal per minute. After the return of the Product, You will be charged the accumulated charges for the rental. If the Vehicle has not been returned within 24 hours, it will be considered lost or stolen, and You may be charged up to 2,500 Saudi Riyal. If You cannot return the Product to a valid area, it must be picked up by SPIDERS as a result, then We, in Our sole discretion, may charge You a pick-up fee of up to 50 Saudi Riyal
All mentioned fees in this Section, and in our App and on our website, are subject to change in SPIDERS’s sole discretion, and without notice to You.
DISCLAIMERS, LIMITATION OF LIABILITY AND ASSUMPTION OF RISK
- “Claims” means, collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to:
(a) any of the Services, including any of the Products, equipment or related information, and/or; (b) Your use of any of the foregoing. “Released Persons” means, collectively (i) SPIDERS and all of its owners, managers, affiliates, employees, agents, representatives, successors, assigns, licensors, licensees, distributors, vendors or third parties with whom SPIDERS authorizes or otherwise partners with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize SPIDERS to operate any of its Services, and (iii) to the extent You access the Services using a third party application, website, content, products, or services, that third party and all of its owners, managers, affiliates, subsidiaries, employees, directors, agents, representatives, successors, and assigns. In exchange for being allowed to use any of the Services, and other equipment or related information provided by SPIDERS, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT, SPIDERS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- ALL OF THE SERVICES, PRODUCTS, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
LIMITED OF SPIDERS’S LIABILITY AND ASSUMPTION OF RISK BY YOU
- YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, SPIDERS AND ALL OTHER 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 AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A SNELL, CPSC, ANSI OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY PRODUCT, AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY
YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF SPIDERS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE TOTAL LIABILITY OF SPIDERS AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT SPIDERS AND THE RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES,
DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, Products, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including the Products) or Your activities in connection with the Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.
APPLICABLE LAW, COMPETENT COURT AND DISPUTE RESOLUTION
This Agreement is governed by the internal laws of the Kingdom of Saudi Arabia, and the civil court in Riyadh in that country is competent to hear any claim that may arise out of this Agreement. Parties agree not to commence any legal proceeding with respect to any dispute that may arise out of this Agreement. Parties agree to take the following steps in the event of a dispute, conflict or disagreement (“Dispute”):
The Party who claims first there is a Dispute will send the other Party a written notice setting out the nature of this dispute;
The Parties will subsequently make an attempt to resolve the Dispute through direct negotiation among the Parties, or by persons who have been assigned to resolve the dispute by means of direct negotiations;
If the Parties are unable to resolve the dispute within fourteen (14) Business Days from the day of receipt of the notice referred to in subparagraph 1, the Dispute will be submitted to an independent person or institution that will deliver a non-binding opinion regarding the dispute;
If the Parties are unable to resolve the dispute within ten (10) Business Days after receiving the non-binding opinion as described in the preceding subparagraph 3, the Dispute will be submitted to mediation or another alternative dispute resolution procedure agreed by the Parties.
TERM AND TERMINATION
The term of this Agreement commences when You first use our Services, and ends five (5) years after You last used the Services.
At any time given and without mutual consent, SPIDERS may terminate Your right to use the Services, in SPIDERS’s sole discretion and without any prior notice or clear cause.
Each User may terminate the use of the Services at any time, however. However we never provide any refund, and we may still charge any applicable fee in accordance with the terms in this Agreement.
This Agreement shall remain in full effect and force, in accordance with its terms and conditions, after any termination as stipulated in the aforementioned subsections.
ACCEPTANCE OF AGREEMENT
I certify that I am at least 16 years old, and that I have read and expressly agree to the terms and conditions set forth in this Agreement.